China News Service, November 30. According to the website of the Ministry of Transport, the Ministry of Transport and other eight departments issued opinions on strengthening the protection of the rights and interests of employees in new forms of transportation (hereinafter referred to as the opinions).
Opinions pointed out that online car-hailing platform companies should be urged to strengthen communication and negotiation with trade union organizations and industry associations where they operate and service, and set a reasonable upper limit on the percentage of the draw and publish them on mobile clients and the media.
The opinions clarified the main tasks.
Improve the platform and the profit distribution mechanism for practitioners.
Relevant departments in various regions should urge online taxi booking (hereinafter referred to as online car-hailing) platform companies to announce pricing rules and income distribution rules to drivers, passengers and other related parties. After each order is completed, the driver’s side should also list the order The passenger pays the total amount, the driver's labor compensation, and displays the ratio of the total amount paid by the passenger minus the driver's labor compensation to the total amount paid by the passenger (commonly known as "raise") to ensure the driver's right to know and supervise.
Urge online car-hailing platform companies to strengthen communication and consultation with trade union organizations and industry associations where they operate and service, and reasonably set the upper limit of the quota and publish it on mobile clients and the media.
Before determining and adjusting business strategies such as pricing rules and income distribution rules, online car-hailing platform companies are urged to publicly solicit the opinions of practitioner representatives, trade union organizations, and industry associations, and announce them to the public one month in advance.
Support employees to participate in social insurance.
Improve social insurance handling services and improve the convenience of services for employees of new forms of transportation to participate in insurance and enjoy benefits.
Strengthen the occupational injury protection of online car-hailing drivers, encourage online car-hailing platform companies to actively participate in occupational injury protection pilots, and provide protection for the labor safety of online car-hailing drivers during the online service period.
Urge online car-hailing platform companies to participate in social insurance for online car-hailing drivers who meet the conditions of labor relations in accordance with the law, and guide and support online car-hailing drivers who are not fully qualified for the establishment of labor relations to participate in corresponding social insurance.
Ensure reasonable labor remuneration for employees.
Relevant industry authorities, trade union organizations, industry associations, etc. should continue to pay attention to the operation of the industry and the level of labor compensation for online car-hailing drivers, and publish them in a timely manner to guide drivers to form reasonable income expectations.
Trade union organizations at all levels should negotiate with online car-hailing platform companies and industry associations to determine driver’s labor compensation calculation rules and standards based on the nature of work, labor intensity, work tasks, average wages of local employees, and market operating conditions, and announce them to the public.
Urge online car-hailing platform companies to pay labor remuneration not lower than the local minimum wage standard to online car-hailing drivers who provide normal labor.
Ensure that employees receive reasonable rest.
Relevant departments in various regions should urge online car-hailing platform companies to scientifically determine the working hours and labor intensity of drivers to ensure that they have enough rest time.
Urge online car-hailing platform companies to continue to optimize the order dispatching mechanism, improve the operational efficiency during the online service of vehicles, and not to induce drivers to work overtime by means of redemption rewards.
Improve the working environment and working conditions.
Relevant departments in various regions should optimize the approval process and provide convenience for online car-hailing platform enterprises, vehicles and drivers that meet the access requirements to apply for permits.
Actively promote the construction of taxi comprehensive service areas, set up temporary taxi parking points in hospitals, residential areas with concentrated residents, important commercial districts, comprehensive transportation hubs, etc., allow cruise taxis and online car-hailing temporary parking, and crack taxi drivers" Difficulties in eating, parking, and toileting.
Urge online car-hailing platform companies to strengthen the education and training of employees' vocational skills, labor safety, and operational services; strengthen the management of labor cooperation units, and must not transfer high-risk mortgages and deposits to business risks, and must not score driver services Link with service time, dispatch mechanism, etc., and shall not obstruct the driver's free choice of service platform in a disguised and illegal manner.
Strengthen the humanistic care for employees.
Relevant departments in all regions should pay close attention to the difficulties and problems encountered by employees of the new transportation industry in their work and life, and carry out various activities such as sending warmth and caring for drivers.
Encourage companies with new forms of transportation to strengthen their humanistic care for employees, establish a reward system for outstanding employees, and enhance their sense of belonging and professional honor in the industry.
Promote the compliance development of online car-hailing platform companies.
Local transportation authorities must urge online car-hailing platform companies to strictly abide by laws and regulations and not to access drivers and vehicles that have not obtained online car-hailing permits.
Supervise and urge online car-hailing platform companies to provide online car-hailing driver and vehicle licenses upon request when new drivers and vehicles are registered. Those that cannot be provided will not be registered, and they will be reminded to apply for corresponding licenses in accordance with laws and regulations.
Severely crack down on illegal operations and encourage the use of information technology to strengthen precise law enforcement.
Maintain a fair and competitive market order.
Strengthen the full-chain supervision of enterprises in the new form of transportation before, during and after the fact, strengthen the monitoring of the operation of the new form of transportation, early warning of monopoly risks, and intensify anti-monopoly and anti-unfair competition supervision and law enforcement.
Prevent the disorderly expansion of capital in the field of new forms of transportation, and severely investigate and punish illegal activities such as low-price dumping, "big data cracking", and inducing fraud in accordance with the law.
Carry out the main responsibility of enterprises in the new transportation industry, guide enterprises to consciously carry out fair competition, and encourage enterprises to take the initiative to make fair competition credit commitments to the society.
Open channels for complaints and reports.
Give full play to the role of the 12328 transportation service supervision telephone and the 12315 consumer rights protection telephone, and promptly handle complaints and reports from the practitioners and the general public to the management department for arbitrary charges, arbitrary fines, violations of law enforcement, etc., and promptly disclose the handling situation to the public to ensure that each item can be resolved. , Everything has an answer.
Supervise and urge enterprises in the new form of transportation to establish a first-inquiry and responsibility system, promptly accept and properly handle complaints from practitioners and consumers, do not prevaricate, and effectively protect the legitimate rights and interests of practitioners and consumers.
Strengthen the protection role of trade union organizations.
Trade union organizations in various regions should take online car-hailing drivers as the key group to promote the establishment of associations, further broaden the channels for membership, maximize the absorption of new transportation industry practitioners to join the union organization, and establish a communication platform for practitioners and new industry enterprises to explore and establish An equal consultation mechanism between employees and new business enterprises.
The opinions put forward safeguard measures.
The first is to improve the coordination and linkage mechanism.
Give full play to the role of the inter-ministerial joint meeting mechanism for coordination and supervision of new forms of transportation, further strengthen policy linkage and coordination, and timely coordinate and solve various problems encountered in the protection of the rights and interests of employees of new forms of transportation.
Localities should refer to the inter-ministerial joint meeting mechanism for collaborative supervision of new forms of transportation, and establish or improve a multi-departmental joint supervision mechanism at the provincial and municipal levels before the end of 2021.
The second is to compact the responsibilities of all parties.
All localities must earnestly fulfill the responsibility of territorial management to protect the rights and interests of employees in new forms of transportation, strengthen overall planning and coordination, refine tasks and measures, and do a good job implementation.
Compress and consolidate the main responsibility of new transportation enterprises in protecting the rights and interests of employees, and directly manage all kinds of employees who are directly managed by enterprises in the new transportation industry and hired by labor cooperation units. The new transportation enterprises shall bear the responsibility in accordance with laws and regulations. The main responsibility of protecting the rights and interests of employees.
Supervise and urge enterprises in new forms of transportation to clearly inform employees of the relevant rights and obligations and labor security related laws and policies, and provide convenience for their implementation. If it is in line with the establishment of labor relations, labor contracts should be signed in accordance with the law.
The third is to strengthen publicity and guidance.
Strengthen policy publicity and interpretation, and increase the publicity of positive information such as the active fulfillment of social responsibilities by enterprises in the new form of transportation, and the care and care of employees and their advanced deeds.
Organize and carry out the "Most Beautiful Taxi Driver" publicity activities, tell typical stories, and promote positive energy in the industry.