Most delivery couriers are in their thirties and forties, and most of them cannot participate in urban employee insurance Expert advice
Establish an occupational injury protection system for new occupation practitioners
Investigate motivation
With the breakthrough and development of technologies such as big data, artificial intelligence, and cloud computing, new formats characterized by data-driven, platform support, and online-offline collaboration are showing explosive growth.
New business forms have created a large number of employment opportunities, promoted the development of new employment forms, and become an important channel for employment growth in my country. More and more people have become practitioners of new business forms.
The "China Youth Development Report (No.6): The Development of New Professional Youth Relying on the Internet Platform" recently published by Social Sciences Literature Publishing House disclosed that "post-80s" and "post-90s" are the mainstream group of new professional groups, but due to labor Due to the binding of relationship and social insurance, the vast majority of new occupation practitioners cannot participate in the local urban employee insurance, and their social security is in a state of inadequacy.
What impact does this issue have on new business practitioners?
And how to solve this problem?
To this end, the reporter conducted a survey interview.
□ Reporter Chen Lei
In Beijing after the Beginning of Spring, it still gets dark very early.
At around 19:00 on February 16, Wang Xiaofei (pseudonym), a native of Henan, had already put on the driving equipment and was riding a folding electric bicycle at the gate of a restaurant in Chaoyang District, Beijing, waiting to receive an order.
The 40-year-old Wang Xiaofei has been in the industry for more than 5 years. He is currently taking orders on a certain driving platform. "My responsibility is to send the drunk car owner home safely." But as he grows older and often stays up late to drive, he is getting more and more worried. I will "suddenly suffer from sudden illness or have an accident" one day.
This worry is not unreasonable: Wang Xiaofei did not participate in the social insurance for urban employees in Beijing because he did not establish a labor contract with any company. The protection is far less than the former.
Wang Xiaofei is just a microcosm of the huge new professional group in our country.
According to the "China Youth Development Report (No.6): New Professional Youth Development Status Relying on the Internet Platform" (hereinafter referred to as "Youth Development Blue Book") recently published by Social Sciences Literature Publishing House, most new professional practitioners cannot participate in the Urban employee insurance, their social security is in a state of insufficiency, especially the protection of employees after "accidents".
A number of experts suggested in an interview with a reporter from the "Rule of Law Daily" recently that the social security system for new professional practitioners should be improved, and restrictions such as occupational status and employment area should be relaxed to facilitate new professional practitioners to participate in insurance as individuals; Injury protection system, exploring an insurance model supported by the government and shared responsibility between new business enterprises and laborers.
Youth groups go mainstream
desire to establish labor relations
In the second half of 2017, when several surrogate driving platforms were recruiting drivers, Wang Xiaofei was introduced to become a surrogate driver for a platform.
At that time, in addition to the income from the order itself, Wang Xiaofei could also get rewards from the platform for the driver. He could easily earn 7,000 to 8,000 yuan a month, and sometimes tens of thousands of yuan.
Even though his income has decreased now, he still thinks that acting as a substitute driver “is okay and relatively free, but if you want to make more money, you have to take more orders.”
He usually goes online around 5:00 p.m. to receive orders. The peak order receiving period is from 22:00 to 24:00, and then he continues to work until he goes home to rest at four or five o'clock in the morning the next day.
Yang Han (pseudonym), 35 years old, is a part-time online car-hailing driver in Beijing.
His schedule is to start receiving orders at 6:00 in the morning, and then rush to finish work before the evening rush hour.
According to his observation, only a few online car-hailing drivers choose to end their work day after the evening peak, while most drivers will work for another two or three hours.
Yang Han is most afraid of traffic jams. In the week just after the Lantern Festival, "I can earn thousands of yuan a day (running water - reporter's note)".
Recently, traffic jams have started, and his income has dropped a lot.
Mr. Wen, who is in his early 30s, is from Hebei. He has been working in Beijing for nearly 10 years. He is currently a courier for a courier company, responsible for the courier business of two office buildings and a residential area in Chaoyang District, Beijing.
Usually, he delivers an average of more than a hundred pieces of express every day.
At 10 o'clock on February 16, the reporter saw Mr. Wen in the square in front of an office building in Chaoyang District. He was unloading the courier code from the courier truck and putting it on a small cart.
In the next two hours, he will deliver nearly 50 express items to customers.
The office building in front of me has more than 20 floors and dozens of companies are located there.
He coded the courier items according to the floors, with the higher floors on the top and the lower floors on the bottom.
There are a lot of couriers, and he can't finish them in one trip. He has to go back and forth from the site to the work area two or three times or even three or four times a day.
This is a huge new occupation group.
The questionnaire survey (hereinafter referred to as the questionnaire) conducted by the research group of the Chinese Academy of Labor and Social Security Sciences (hereinafter referred to as the research group) on new occupation practitioners in Beijing (hereinafter referred to as the questionnaire) shows that the life service industry is a gathering place for new occupation groups, and the "post-80s" "Post-90s" have become the mainstream of the new professional group.
The new business platform on which the new profession depends has a variety of employment methods, including traditional, directly hired labor contract employment, labor dispatch employment, and more employment in other ways such as franchise, agency, outsourcing, and crowdsourcing.
"Flexible working hours and more freedom" is the main reason why new occupation groups choose to engage in new formats of work, accounting for 27.6%.
Judging from the signing of contracts or agreements with their platforms, 27.5% of new professional practitioners have signed labor contracts, 8.4% have signed labor dispatch, 23% have signed labor cooperation agreements and other civil agreements, and 25.6% "I didn't sign anything", and other respondents belonged to "I signed it, but I don't know what it was signed" or "I don't know whether I signed it or not".
This shows that "most of the new professional practitioners on the platform have not been included in the scope of traditional labor relations."
Another result of the questionnaire survey is that 46.4% of the respondents only work on one platform; 36.3% of the people's income from the platform is their main personal income.
Among those who have not signed a labor contract with the platform, 68.7% are willing to sign a labor contract with their platform, abide by fixed working hours and accept platform management.
The data shows that new professional groups in some fields have a professionalization trend, and a group of full-time drivers, riders, and network anchors based on shared platforms have begun to emerge. There is a strong demand.
Social insurance issues stand out
Institutional innovation urgently needs a breakthrough
One night in September last year, Wang Xiaofei received an order for a substitute driver near Taiyanggong, Chaoyang District, Beijing, and the destination was Haidian District.
The owner of the car drank too much, his friend told Wang Xiaofei, just follow the navigation.
Wang Xiaofei started the car and drove to the destination. When he reached the viaduct of the Pingdong Bridge on the Third Ring Road of Beijing, the owner of the car suddenly said that he wanted to get off the car.
Wang Xiaofei told the car owner that this is a viaduct, which is very dangerous, and he cannot stop the car, let alone get off the car.
The owner of the car muttered, "The danger has nothing to do with you", and suddenly stretched out his hand to pull the steering wheel, which startled him.
He quickly stabilized the steering wheel, stopped the owner with the other hand, and advised him to sit down.
"I broke out in a cold sweat." Wang Xiaofei is still afraid that as he grows older and often stays up late to drive, the risk of physical problems is increasing day by day, and his ability to respond is also declining. "If you suddenly get sick or encounter other accidents while driving , don’t know what will happen.”
He participated in the local urban and rural residents' insurance in his hometown, and the reimbursement rate for medical treatment was not high. After arriving in Beijing, he did not find a regular job and could not participate in Beijing's urban employee insurance. Seeing a doctor is not convenient.
Wang Xiaofei explained that if you go to a medical institution in Beijing to see a doctor, if you participate in Beijing's urban employee medical insurance, even if you go to an outpatient clinic, the reimbursement rate is above the deductible line, and the reimbursement rate is 70%; Pay 60%, there is no cap on it.
If you go to the hospital for hospitalization, above the deductible line, except that the medical reimbursement ratio is above 85%, the annual cumulative reimbursement limit is 500,000 yuan.
However, the medical insurance for urban and rural residents in my hometown is above the threshold, and the reimbursement rate for outpatient visits is only 50%, and there is an upper limit for annual reimbursement; the reimbursement rate for hospitalization is 75%.
Whether there is work-related injury treatment or not, the difference is even greater for substitute drivers.
According to the "Work-related Injury Insurance Regulations", the treatment for work-related injuries includes medical expenses, hospital food subsidies, rehabilitation treatment expenses, assistive device expenses, etc., and the salary and benefits during the treatment period remain unchanged.
If disabled due to work, there is also a one-time disability subsidy, and a monthly disability allowance.
If the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor contract, the work-related injury insurance fund shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy.
Yang Han used to participate in Beijing's urban employee insurance, but after resigning to start an online car-hailing service, because he does not have a Beijing household registration, "he can't pay social security by himself", so he can only buy commercial insurance.
The questionnaire survey shows that excessively long working hours and excessive labor intensity bring higher risks of occupational injury to new occupation practitioners.
For example, 4.4% of the respondents "often" have traffic accidents or other accidental injuries at work; 28% of takeaway riders said they have experienced traffic accidents during meal delivery.
From the perspective of insurance participation, more than 85% of the respondents "have insurance", only 7.1% of the respondents said they "have not participated in any insurance", and other respondents said they "do not know whether they have insurance".
Among the "insured" groups, only 19.1% have participated in the social insurance for urban workers in Beijing, and 13.1% have participated in the insurance for urban and rural residents in Beijing. , or purchase commercial insurance through the platform.
Behind this status quo is the problem of flexible employment forms and complex and diverse employment relationships for new occupational groups.
Some new occupations, such as online car-hailing drivers, crowdsourced couriers, takeaway staff, etc., have special employment methods with platform companies, and it is difficult to identify the two parties as labor relations according to the current relevant standards, and it is difficult to be included in the adjustment scope of the current labor security laws and regulations." The protection of labor rights and interests of new occupational groups has become prominent."
According to the research team's analysis, the most prominent issue is social insurance, especially the protection of employees after "accidents".
Judging from the current social insurance system, new occupational groups can participate in urban employee insurance or urban and rural resident insurance according to their own conditions, achieving full coverage in the system.
However, my country's current labor laws and regulations are based on traditional standard labor relations, and it is difficult for most new occupation groups to be included in them. Therefore, they can only participate in social insurance as flexible employees. However, the household registration restrictions in some places prevent them from In addition to the social security system for urban employees where they are located.
Under this system design, not only platform companies have no statutory payment obligations, but new career practitioners also have no payment channels, which has become an obstacle for them to participate in social security for urban workers.
It is urgent to innovate the social insurance policy system for new occupational groups.
Build an Occupational Injury Protection System
Three parties take responsibility for innovative insurance
In response to the social security dilemma of new occupational groups, relevant state departments have made explorations in terms of policies.
In July 2021, eight ministries and commissions, including the Ministry of Human Resources and Social Security, jointly issued the "Guiding Opinions on Safeguarding Labor Security Rights and Interests of New Employment Forms", and made a number of institutional arrangements, including "All localities should allow flexible employment household registration restrictions on participation in basic pension and basic medical insurance”, etc.
Subsequently, seven ministries and commissions including the State Administration for Market Regulation jointly issued the "Guiding Opinions on Implementing the Responsibilities of Online Catering Platforms and Effectively Safeguarding the Rights and Interests of Food Delivery Delivery Workers", urging platforms and third-party cooperative units to participate in social insurance for food delivery delivery personnel who have established labor relations. Support other food delivery workers to participate in social insurance, and participate in the pilot program of occupational injury protection for flexible employment on the platform in accordance with national regulations.
In November 2021, eight ministries and commissions including the Ministry of Transport jointly issued the "Opinions on Strengthening the Protection of the Rights and Interests of Employees in New Transportation Formats", proposing "support for employees to participate in social insurance", especially guidance and support that do not fully comply with the establishment of labor relations Drivers of online car-hailing vehicles in certain circumstances participate in the corresponding social insurance.
The report of the 20th National Congress of the Communist Party of China pointed out: "Improve labor laws and regulations, improve the negotiation and coordination mechanism of labor relations, improve the protection system of labor rights and interests, and strengthen the protection of labor rights and interests in flexible employment and new employment forms."
In this regard, the "Blue Book of Youth Development" believes that the prerequisite for new occupational groups to obtain sufficient social security is labor employment. Therefore, the first thing that needs to be solved is to classify and standardize the different labor forms of new business enterprises.
The sub-report "The Protection of Labor Rights and Interests of New Occupational Groups" completed by the research group suggested that those who use traditional forms of employment such as direct employment or labor dispatch should be included in the scope of traditional labor relations for regulation; for new business types, enterprises should use franchise, agency, and labor services. For outsourcing and other forms of employment, they should be urged to strengthen the review and regulation of the employment of cooperative employers, and be given the obligation to undertake necessary supervision and joint and several liability for compensation; for new forms of employment such as "platform + individual" of new business enterprises, they should be guided and encouraged. Sign a civil agreement with the laborer, and reasonably agree on the rights and obligations of both parties in social insurance and other aspects.
Therefore, it is urgent to improve the social security system for new occupation practitioners, relax occupational status, employment area and other restrictions, and facilitate new occupation practitioners to participate in insurance in their personal capacity.
At the same time, explore labor-intensive typical new occupational groups such as food delivery and online car-hailing as the focus of insurance participation, establish an occupational injury protection system for new occupation practitioners, and explore government-supported, new-format enterprises and workers to share responsibilities model.
It is worth noting that the person in charge of the Ministry of Human Resources and Social Security recently stated that in 2023, the Human Resources and Social Security Department will continue to promote the pilot program of occupational injury protection and implement the new employment form labor rights protection policy.
"It is also necessary to summarize the current typical experience of individual new business enterprises in providing commercial insurance for new professional practitioners, encourage and guide platform companies to adopt commercial insurance and other forms to provide workers with medical care, accidental injury and other protection, and participate in social insurance as new professional practitioners. An effective supplement to insurance." The research group appealed.
Wang Tianyu, deputy director of the Social Law Office of the Institute of Law of the Chinese Academy of Social Sciences, told reporters that in recent years, the national level has issued normative documents one after another, and has carried out beneficial explorations in regulating the new model of platform employment in new formats, forming a relatively compromised The governance approach that takes into account the development of new business enterprises and the protection of labor rights and interests of practitioners, especially the formation of a governance framework for the trichotomy of labor behavior (labor relations, civil relations, and situations that do not fully conform to labor relations) to protect the labor rights and interests of new business practitioners Foundation.
In Wang Tianyu's view, the next step is to gradually explore solutions to the most prominent social insurance problems faced by practitioners in the new industry on the basis of the current consensus, and first solve the "no" problem (such as solving occupational injuries) , and then consider how to improve the system after "have".
"It is also necessary to break out of the "hard" method of "one size fits all" thinking to solve problems, explore the use of "soft" methods to seek the support and participation of all forces in society, especially platform companies, and improve the social security of new professional practitioners." (rule of law. daily)