Weaving a dense new form of employment and protecting the rights and interests of workers through a network
2024-09-14
In recent years, the Ministry of Human Resources and Social Security has announced a varying number of new professions every year. In May of this year, 19 new professions were announced, including network anchor, generative artificial intelligence system application officer, intelligent connected vehicle tester, cloud network intelligent operation and maintenance officer, etc. At the same time, 29 new job positions have been added, including mobile operating system application designer. Many of these are new forms of employment based on the platform economy, which are popular among young people due to their freedom, flexibility, and low barriers to entry, and have become an important channel for absorbing employment. At present, the total number of employees in China is about 402 million, of which new forms of employment workers account for more than one-fifth of the total number of employees, mainly distributed in transportation, life services, knowledge and skills, medical sharing and other fields. The new employment pattern is characterized by flexible employment relationship, fragmented work content, flexible working hours, and Internet based entrepreneurial opportunities. Labor relations are characterized by ambiguity and concealment, which challenges the traditional labor model and legal framework. For example, the current labor law stipulates that "employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law". But it only applies to workers who have signed formal labor contracts with the enterprise and formed labor relationships. In reality, due to the current labor laws and social security system lagging behind the actual development of the labor market, the issue of protecting the legitimate labor rights and interests of most new forms of employment workers urgently needs to be addressed. In this regard, specific and feasible measures should be actively explored and implemented to clarify the labor relations of employees in new forms of employment and the legal identity of workers. Workers in new forms of employment should be regarded as specific occupational types and included in the protection scope of labor law and labor contract law. A labor supervision mechanism that is compatible with the new economy, new business forms, new positions, etc. should be improved to promote the establishment of a collaborative governance mechanism for new forms of employment, guide and supervise enterprises to use labor in accordance with the law and regulations, and strictly fulfill their responsibilities. One is to accelerate the legislative work of promoting new forms of employment. Continuously adjusting and improving labor laws and regulations, the key task is to strengthen various guarantees for workers in new forms of employment from a legal perspective, such as the right to fair employment, the right to life safety, the right to rest and vacation, etc., and weave a safety net to safeguard the rights and interests of workers in new forms of employment. In practical operation, the determination of labor relations should be closely combined with the employment characteristics of new forms of employment, and adhere to the basic principle of fact first. New forms of employment workers should be included in the scope of labor law adjustment to the maximum extent possible, providing legal system protection for safeguarding the rights and interests of new forms of employment workers. The second is to standardize the labor standards for new forms of employment. We should change our old thinking and transition from the traditional "binary system" to the "ternary system", dividing it into three situations: "labor relations - not fully in line with established labor relations - civil relations". Based on the flexibility and uniqueness of the new employment form, we should establish a basic labor condition protection system that is suitable for it. From the practice of developed countries, the UK adopts the "three-point method" to classify new forms of employment workers as "non employee workers"; Germany also adopts the "three-point system" to classify new forms of employment workers as "class employees". The new form of employment is an incremental form of employment and will be a normalized form of employment. We should establish incremental thinking and establish corresponding labor standards based on the characteristics of new forms of employment. The third is to improve the social insurance system that adapts to new forms of employment. The current social insurance system shows obvious characteristics of "unitization", and the urgent task is to loosen the "unit system" for social insurance. In response to the diversified employment forms of workers in new forms of employment, social insurance should break through the original ideas in practical operation, expand the coverage of new forms of employment workers through various institutional arrangements. For example, in the construction of the social insurance system, based on the different needs of workers in new forms of employment, a multi-level social insurance system such as basic social insurance and supplementary social insurance is constructed to meet the demands of different types of workers in new forms of employment, and to increase the level of security and protection. Fourthly, establish a specialized occupational injury protection system for workers in new forms of employment. At present, pilot work on occupational injury protection has been carried out in the travel, food delivery, instant delivery, and local freight industries in seven provinces and cities including Beijing, Shanghai, Jiangsu, and Guangdong. In specific operations, platform enterprises pay insurance premiums for workers on a per policy basis, achieving "one policy, one insurance". Over the past two years of pilot programs, positive progress has been made in promoting the full coverage of insured persons. As of the end of June this year, a total of 8.86 million new employment forms have been insured in seven pilot provinces and cities, effectively safeguarding the rights and interests of labor security, especially providing a safety net for major accidents causing casualties. At the same time, the pilot policies have also diversified the risks of platform enterprises and promoted the standardized and healthy development of the platform economy. (Xinhua News Agency) Author: Lai Desheng (Deputy Director of the Social and Ecological Civilization Teaching and Research Department of the Central Party School of the Communist Party of China (National School of Administration), and member of the Expert Database of the Office of the Leading Group for Employment Promotion and Labor Protection of the State Council)
Edit:Luo yu Responsible editor:Wang er dong
Source:ECONOMIC DAILY
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