[2021 National Two Sessions] Do not let workers in new business "run naked", the Central Democratic National Construction Association proposes to include social security
China News Service, Beijing, March 1 (Reporter Li Jinlei) The issue of “streaking” outside of social security, such as takeaway riders and other new business operators, has recently attracted attention.
On the eve of the National Two Sessions, the Central Democratic National Construction Association announced the "Proposal on Improving the "New Employment Form" Labor Law and Social Security System", suggesting that workers should be included in the social security system.
Currently, the Internet economy has spawned a large number of new jobs, such as e-commerce, express delivery, etc.
This kind of employment model that uses information technology to provide goods or services through the Internet platform and to a certain extent shows the characteristics of employers and platforms is collectively called the new employment form.
The Central Committee of the Democratic National Construction Association pointed out in the proposal that at present, there are still some problems in China's "new employment form" laborers in terms of laws and social security: first, the labor relationship of laborers is not clear; second, the labor rights protection of laborers is lacking; It is the weak labor supervision related to the new forms of employment; fourth, the mediation of labor disputes needs to be strengthened.
The reporter noticed that "over 60% of takeaway riders do not have social security" recently appeared on the hot search.
According to a survey conducted by Sun Ping, an assistant researcher at the Institute of Journalism and Communication of the Chinese Academy of Social Sciences and his team in Beijing in November 2020, more than 60% of the interviewed takeaway riders do not have social security; most riders with social security have part-time jobs and are paid by the original unit. Social security, or the rider pays by himself.
Moreover, due to the special employment methods of platforms, crowdsourcing is often used, and it is difficult to identify both parties as labor relations in accordance with the current standards for establishing labor relations. As a result, new employment forms including takeaway riders cannot be included in the current work injury insurance system.
To this end, the Central Democratic National Construction Association proposed in its proposal to improve the legal protection system for workers in the new business.
The first is to formulate labor and employment management regulations for new forms of employment; the second is to strengthen policy injection, encourage platforms to sign labor contracts with workers, and the government provides certain social security subsidies; third, to summarize the mature and effective practical experience of new employment forms for the purpose of revising the Employment Promotion Law , "Unemployment Insurance Regulations" and "Work Injury Insurance Regulations" to make preparations to expand the protection of the labor law for self-employed persons and the off-site protection of crowdsourcing workers.
The proposal also suggests building a labor protection system suitable for platform practitioners.
The first is to redefine the employment relationship so that the rights and responsibilities of all parties are clear and balanced.
The second is to ensure that workers are included in the social security system.
Deal with it through the "advocacy + compulsion" approach.
The third is to build an application platform to realize the dynamic networking of social security big data for the whole people, and push the insurance projects, payment policies and flexible insurance portfolio plans to uninsured persons through digital technology and information sharing, so as to realize the precise connection between social security policies and needs.
The proposal also proposes to establish a multi-sectoral coordination and supervision mechanism; establish a new employment form industry mediation organization to resolve related labor disputes in a timely manner.
On February 26, the Political Bureau of the CPC Central Committee conducted the 28th collective study on improving the social security system covering the whole people. It mentioned that "the social insurance system must be improved for migrant workers, flexible employment personnel, and employees in new forms of employment."
Recently, the Ministry of Human Resources and Social Security introduced in its response to the proposal "Increase the protection of the rights and interests of food delivery staff and safeguard the legitimate rights and interests of city guardians". It initially proposed an occupational injury protection model. It plans to listen to the opinions of all parties and build a greater consensus. We will steadily advance related work in accordance with the idea of trial implementation before improvement.
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