Representative members recommend protecting the legitimate rights and interests of workers in new industries
The government takes the lead in building a flexible and diverse social security system
□ Our reporter Zhao Chenxi
Delivery boys, couriers, online ride-hailing drivers... With the in-depth development of the digital economy, new employment forms based on platforms are becoming a new trend in flexible employment.
According to the results of the ninth national workforce status survey of the All-China Federation of Trade Unions, the number of workers in my country’s new employment form has reached 84 million, accounting for 21% of the total number of employees.
While bringing convenience to people's lives, the issue of protecting the rights and interests of workers in new industries has also attracted attention from all walks of life.
The report of the 20th National Congress of the Communist Party of China emphasized that we should support and standardize the development of new employment forms, and strengthen the protection of workers’ rights and interests in flexible employment and new employment forms.
At this year’s National Two Sessions, many members of the National Committee of the Chinese People’s Political Consultative Conference and deputies to the National People’s Congress focused on the issue of protecting the rights and interests of workers in new industries, and provided suggestions on improving system construction, consolidating platform responsibilities, and promoting pilot work on occupational injury protection, so as to provide better protection for new industries. Provide relief to the victims and strengthen protection of their legitimate rights and interests.
The legal definition is vague
In recent years, with the emergence of a large number of new employment forms, Li Xiaoxuan, a member of the National Committee of the Chinese People's Political Consultative Conference, a member of the Central Committee for Democracy and Chairman of Yunnan Technology and Business College, has paid more attention to this employment group.
He found that due to the characteristics of large employment capacity, low threshold and strong flexibility, the new employment form has continuously strengthened its role as a "reservoir" and "stabilizer".
But on the other hand, due to the constraints of the existing legal system, problems such as the unsuitability of labor and social security systems for workers in new industries have become increasingly prominent.
“The new employment form covers multiple entities such as platforms, users, workers, and labor dispatch agencies. However, because the current labor laws and regulations are based on the basic framework of traditional labor relations, the relationship between workers and employers in the new employment form is legally The definition is relatively vague." Li Xiaoxuan found in his research that some platforms will define labor relationship violations with workers as "information transaction relationships or cooperative relationships," or deliberately "hide labor relationships," and some even force workers to acquiesce. "No labor contract relationship" transfers social security obligations such as work-related injuries, maternity, and pensions to individual workers, making it difficult to protect the legitimate rights and interests of this group.
Li Xiaoxuan suggested speeding up the establishment and improvement of the policy system, revising the Employment Promotion Law, Labor Contract Law, "Unemployment Insurance Regulations" and "Work-related Injury Insurance Regulations" and other relevant laws and regulations as soon as possible, establishing a social security system that is compatible with new employment forms, and researching and formulating guarantees. Flexible employment and other policies and systems.
It is necessary to clarify the boundaries of rights and responsibilities of different entities, establish basic protection standards for labor rights and interests, improve methods for handling labor disputes, and comprehensively standardize employment models.
At the same time, we will strengthen supervision, severely crack down on behaviors that circumvent the law in the form of de-labor relations, and safeguard the legitimate rights and interests of workers.
Lu Ming, a member of the National Committee of the Chinese People's Political Consultative Conference and executive director of the China Development Research Institute of Shanghai Jiao Tong University, also brought a proposal on innovative rights protection governance models for new employment forms.
He believes that the legality of new employment forms for workers should first be confirmed in legislation and judicial practice.
"We should seek to explore and break through the traditional labor model within the framework of the existing labor contract law." Lu Ming explained, using the characterization of employment as an example, that for workers in new industries, more attention should be paid to market transactions and contractual relationships between labor supply and demand. On this basis, the rights, responsibilities and interests system in the new employment situation will be reshaped.
Lu Ming noticed that the current relevant policies issued by some places have already reflected the flexible employment model to a certain extent.
For example, Article 66 of the "Shanghai Employment Promotion Regulations" stipulates that self-employment, part-time employment, new employment forms and other forms are all considered flexible employment models.
However, these regulations do not form a complete breakthrough in the labor contract relationship in the labor law and labor contract law, and do not provide targeted protection for flexible employees in terms of taxation, labor security, work-related injuries, pension benefits, etc.
He suggested studying and formulating special systems for social security such as work-related injuries, medical care, and pensions for flexible employees.
Compact platform corporate responsibility
Pi Jianlong, a member of the National Committee of the Chinese People's Political Consultative Conference and director of Beijing Jintai Law Firm, found during the investigation that the current role and responsibilities of platforms in social security have not only been ignored or downplayed, but have even transferred social security responsibilities to workers in new industries. As a result, workers in new industries lack necessary protection when facing risks such as illness, work-related injuries, and unemployment.
"Platforms, as the main workplace and source of income for new industry practitioners, should shoulder the responsibility of providing them with necessary social security." Pi Jianlong suggested that law enforcement supervision should be strengthened to consolidate the responsibilities of platform companies in the social security system. Based on the platform’s unique employment model, it is necessary to further clarify its responsibilities and obligations in the social security system to ensure that its operations are legal, standardized and reasonable.
While clarifying the legal relationship between the platform and workers in new industries, the standards and methods for platforms to pay social security fees for workers in new industries should be standardized and managed.
This means that platforms must pay a corresponding proportion or amount of social insurance premiums for new business workers in accordance with the law or through negotiation, and provide them with necessary social security support and welfare subsidies such as occupational disease prevention, work-related injury protection, and medical assistance.
Through these measures, a more comprehensive and powerful social security network will be built for workers in new industries.
In order to meet the diverse needs of workers in new industries, Pi Jianlong believes that the government should consider building a flexible and diverse social security system.
This system can cover a variety of social insurance products, such as basic security, commercial enhanced and short-term emergency, etc., aiming to provide all-round and multi-level security options for workers in new industries.
Workers can choose the insurance type and coverage period that suits them based on their work nature, income status and personal needs, ensuring that workers in new industries can obtain social insurance coverage that best suits their own circumstances.
Accelerate the advancement of top-level design
In November last year, Mr. Zhu, who was delivering food in Zhongshan City, Guangdong Province, was injured in a traffic accident while delivering food.
Thanks to the pilot work on occupational injury protection for employees in the new employment form implemented by Guangdong Province in July 2022, Mr. Zhu quickly received the occupational injury confirmation conclusion letter through the platform’s “one-click report” and submitted the materials online. The medical expenses of 3,000 yuan were reimbursed.
In July 2022, the Ministry of Human Resources and Social Security, together with relevant departments, launched a pilot project for occupational injury protection for employees in new employment forms.
According to reports, the "New Occupational Injury" pilot adopts payment per order, and the premium is borne by the platform where the employee works. Every order and every person must be insured.
In terms of coverage and benefits, practitioners who encounter traffic accidents or accidents during the execution of platform order tasks can enjoy occupational injury protection benefits, including medical expenses, rehabilitation expenses and other items, which are basically based on the current work-related injury insurance.
As of September 2023, a total of 6.68 million people have been included in the scope of occupational injury protection. A total of 32,000 occupational injury confirmation conclusions have been made in various pilot provinces and cities, and a total of 490 million yuan in occupational injury protection benefits have been paid.
"The pilot of occupational injury protection for employees in the new employment form has achieved positive results, but it only covers 7 provinces, 4 industries, and 7 platform enterprises, and the coverage is relatively limited." Zhou Yanfang, deputy to the National People's Congress and director of the China Pacific Insurance Strategic Research Center, plans to discuss the topic in the October 10 meeting. At the Second Session of the Fourth National People's Congress, suggestions were submitted on accelerating the expansion of the pilot program for occupational injury protection for employees in new employment forms.
In terms of top-level design, Zhou Yanfang suggested that the Ministry of Human Resources and Social Security take the lead in issuing guidance to further clarify the basic principles, financing mechanisms, protection content, supervision and management of occupational injury protection for employees in new employment forms.
In terms of scope expansion, she suggested that on the one hand, the pilot areas for occupational injury protection for employees in the new employment form should be expanded in an orderly manner, especially in the Beijing-Tianjin-Hebei, Yangtze River Delta and other regions with relatively developed economies and relatively dense populations.
On the other hand, gradually expand the scope of pilot platform enterprises, include platform enterprises with higher market shares, better management and stronger willingness to participate in insurance, and effectively expand the number of employees who can enjoy occupational injury protection rights in the new employment form. scope.
In addition, we should also strengthen the construction and data sharing of occupational injury protection information platforms for employees in new employment forms, explore ways to increase third-party liability protection, encourage insurance institutions to innovate commercial insurance products and services, and enhance the sense of access to insurance services for employees in new employment forms. and convenience.