"Takeout delivery workers are the product of the network economy, but their legitimate rights and interests have not been effectively protected." On the eve of the two sessions of the National People's Congress in 2022, Zhu Lieyu, deputy to the National People's Congress, told China Newsweek that some platforms do not buy social security for takeout workers in order to save money; In order to avoid responsibility, some takeout platforms let the delivery staff sign contracts with labor dispatch companies. These are all damages to the interests of workers. To this end, he called for law enforcement and inspection of the labor conditions of takeout delivery workers, and the formulation of industry standards and laws to protect the legitimate rights and interests and reasonable needs of practitioners in the industry. Data show that there are more than 540 million online takeout users in China. According to the 49th statistical report on China's Internet Development released by China Internet Network Information Center, as of December 2021, the growth rate of users of online takeout and online car Hailing increased by 29.9% and 23.9% respectively year-on-year, and the number of users reached 544 million and 453 million respectively. The huge demand of takeout users has spawned the takeout waiter industry, but the industry ecology and the protection of riders' rights and interests are not optimistic. High salary, high risk and high load "Every delivery boy is running desperately, with great labor intensity." Zhu Lieyu believes that although takeout delivery workers are ranked as "high paying jobs" by many industry institutions, they are generally faced with many "bitter" situations such as high load, high risk and low actual salary. In contrast, the traditional form of labor requires employers to sign labor contracts, purchase social insurance and eight hour working system for workers, which is the protection of workers formed for a long time. However, for emerging occupations, many large platforms are avoiding such labor costs. "Takeout delivery workers are the product of the network economy, but their legitimate rights and interests have not been effectively protected." The loss of legitimate rights and interests is reflected in all aspects. Zhu Lieyu concluded that first of all, the labor intensity of takeout delivery workers is very high. Many takeout platforms have become the industry standard to choose the fastest delivery waiter through the competition of designing delivery. Under the "strictest algorithm", the takeout platform has a strict time system and strict complaint mechanism. Whether the takeout order can be delivered to the designated place within the specified time directly affects the score of the order and the overall score of the takeout waiter. Zhu Lieyu said that therefore, most takeout delivery workers will choose to put speed and efficiency first, often violating traffic regulations and ignoring personal life safety. "In order to meet the needs of customers anytime, anywhere and improve their income, some takeout delivery workers often work for more than 10 hours and keep receiving and delivering orders, which puts heavy pressure on their body and mind." He believes that it is necessary to check and limit the labor situation of the export platform, and the work intensity cannot be increased indefinitely on the grounds of different labor methods. According to Chinese law, the length of working hours is clearly stipulated: Article 31 of the labor contract law stipulates that the employing unit shall strictly implement the labor quota standard and shall not force or force workers to work overtime in a disguised form; Article 3 of the labor law stipulates that workers have the right to rest and vacation; Article 36 stipulates that the State implements a working hour system in which workers work no more than eight hours a day and no more than 44 hours a week on average; Article 41 stipulates that due to the needs of production and operation, the employing unit may extend its working hours after consultation with the trade union and workers. Generally, it shall not exceed one hour a day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day, but not more than 36 hours a month under the condition of ensuring the health of workers. "The right to rest is the minimum requirement and basic human right for workers to maintain and protect life and health in modern society." Zhu Lieyu was saddened by the news of the sudden death of the delivery man due to overwork. He revealed that according to a survey of takeout delivery workers in Beijing in July 2018, 84% of takeout delivery workers work more than 10 hours a day, and only 14% of takeout delivery workers work 8 hours a day. By extending working hours and increasing the amount of delivery orders, it is easy to lead to overwork of takeout delivery workers, which leads to the risk of occupational diseases. Zhu Lieyu stressed that even if takeout delivery workers are "independent and voluntary", enterprises also have certain employment risks. Enterprises should strictly implement the eight hour working system for delivery workers and monitor their labor intensity with big data. For example, for the safe driving of buses, some countries will monitor the driving time of drivers with big data, which can not exceed the specified working hours. Such monitoring of China's takeout industry is technically feasible. Regulatory gaps and marginal balls "There are also some platforms that do not buy social security for takeout delivery workers in order to save money. This is a damage to the interests of workers, and it should be made clear that such behavior is not allowed." Zhu Lieyu revealed that some edge balls were generated. Some takeout platforms let takeout delivery workers handle the business license of individual industrial and commercial households, saying they do business with individual industrial and commercial households, so as to avoid social security. In addition, he believes that the labor intensity of takeout delivery workers should be verified. Take the heavy manual workers working in workshops, high-voltage lines, fields and other related jobs as an example. They have all kinds of subsidies and compensatory leave, which are adjusted according to the nature of their work. However, delivery workers can achieve high income only by working hard, "there should be a general standard of industry and binding." Zhu Lieyu suggested that relevant departments should form law enforcement inspection on the industry, find problems through inspection, and formulate industry standards and laws to protect the legitimate rights and interests and reasonable needs of practitioners in the industry. In addition to allowing takeout delivery workers to "cooperate" as self-employed households, labor dispatch is also one of the marginal goals. Zhu Lieyu believes that large enterprises such as takeout platforms have capital strength. In order to avoid responsibility, they sign contracts with labor dispatch companies and distribute orders at all levels, which is very easy to cause the personal accidents of takeout waiters to be prevaricated by many parties, and the compensation can not be implemented. "This is a sporadic problem we have mastered. If we want to solve it, we must carry out systematic law enforcement inspection." He believes that social insurance is the stabilizer of society. When workers are forced to stop work due to accidents in the process of labor, social insurance must protect the interests of workers and give necessary economic compensation and incentives. In the face of such a large group of takeout waiters, the importance of social insurance is self-evident. Even the act of "voluntarily giving up buying social security" does not have legal effect. According to the social insurance law, the employer shall declare by itself and pay the social security premium in full and on time. Therefore, the takeout platform should bear the obligation to pay social security for takeout delivery staff. Zhu Lieyu suggested that the social security department should strengthen the inspection of the social security purchase of takeout waiters and impose heavy penalties on takeout platforms that fail to buy social insurance for takeout waiters. Clarify platform responsibilities In the legal sense, it is illegal to evade labor relations by means of "cooperation" and transfer. Zhu Lieyu explained that in reality, a large number of takeout delivery workers do not understand the terms of the agreement and labor relations because of their low educational level. For delivery workers, signing such a contract is a necessary condition for getting a job. Even if they know the content, they can only accept such unequal terms in order to make a living. However, when the "shell" is stripped off, the project subcontracting agreement and platform service agreement signed by the takeout delivery clerk with other companies in the name of individual industrial and commercial households are still the personal subordination relationship between the takeout delivery clerk and the takeout platform - the attendance management and salary distribution cycle of the takeout delivery clerk on the takeout platform are fixed, which can prove that both parties have the subordination of labor relations. He believes that although China's takeout platform has an absolute dominant position at this stage, the platform cannot only focus on obtaining benefits and ignore the interests of workers. Takeout delivery workers are already a huge employment group that can not be ignored. If their labor relations are not confirmed and their basic labor rights and interests are protected, it will affect the development of sharing economy and social stability. On July 26, 2021, the State Administration of market supervision and administration, the state Internet information office and other seven departments jointly issued the guidance on implementing the responsibility of online catering platform and effectively safeguarding the rights and interests of takeout delivery workers, aiming at the labor income, labor safety, food safety, social security, working environment, organization construction Put forward all-round requirements for legitimate rights and interests such as the disposal of contradictions. "It should be determined through interpretation or judicial interpretation that a delivery man, even if he is registered as a self-employed person, still has an ordinary labor relationship with the delivery enterprise." Zhu Lieyu said. For the standardization of the takeout platform, he believes that the platform should be responsible not only for the takeout delivery staff, but also for the takeout quality. Online catering takeout has certain hidden, virtual and cross regional characteristics, which is easy to lead to information asymmetry. At present, it can still be found that some businesses on the takeout platform have only business licenses and no food business licenses, or the actual photos provided are vague, and the food graphic introduction is inconsistent with the real object. "It's like a department store. If I rent this stall and let businesses sell things, the department store should bear the responsibility, not to mention your big platform." In order to reduce the threat of food safety and protect the health of consumers, Zhu Lieyu suggested that the responsibility of the platform for food supervision should be increased, and the takeout platform and online catering businesses should bear the joint and several liability for takeout quality. After consumers have food safety problems, they can choose to sue the businesses and platforms separately or at the same time, and both parties have the obligation of compensation. Clear rights and responsibilities are the development direction of takeout platform in the future. From the perspective of sanitation, he believes that the food delivery platform should be strictly implemented to ensure the safety of food delivery. Zhu Lieyu believes that in the future, relevant laws and regulations should be classified and refined according to the characteristics of the work of takeout delivery workers, further improve the standards for the identification of labor relations, and meet the development needs of labor relations and the rights and interests of workers in the new format. (Xinhua News Agency)