It is difficult to identify labor relations, it is difficult to guarantee occupational safety and health, and the appeal expression mechanism is "blocked"... These problems in the new employment form remain to be solved We will improve legislation and hold up an umbrella for workers in new forms of employment Reading tips In recent days, workers' Daily has focused on the outstanding problems of the protection of the rights and interests of workers in the new employment form in terms of rest, labor remuneration, labor safety and so on. Experts said that the identification of labor relations is the core issue related to the protection of workers' rights and interests in the new employment form. The platform should strengthen the main responsibility, and the legislative and regulatory levels should also adapt to the development of the new situation. Data show that at present, China's flexible employment has reached 200 million, and the number of workers in new forms of employment has increased significantly. In 2020, there will be 84 million providers of shared economic services, of which a large number will be workers in new forms of employment. It is difficult to identify labor relations, it is difficult to guarantee occupational safety and health, and the appeal expression mechanism is "blocked"... How to solve these difficulties they encounter? The interviewed experts said that this requires the joint efforts of legislation, law enforcement, enterprises, trade unions and other aspects. The identification of labor relations is the core issue Shao Xinyin, who came from Hebei to Beijing as a take out rider, was injured in a traffic accident on his way to work. After two labor arbitrations and three lawsuits, he still failed to find an employer to bear legal responsibility. The subjects who sent him orders, insured, paid wages and paid individual income tax involved at least five companies. In layers of subcontracting, Shao Xinyin fell into a legal dilemma that labor relations are difficult to identify. This is the experience of Shao Xinyin, a delivery rider, reported by worker's daily a few days ago, and this is only an epitome of the experience of many workers with new forms of employment. "When it comes to the protection of workers' rights and interests in the new form of employment, the identification of labor relations is undoubtedly the most core issue." Huang Leping, director of Beijing Yilian labor law assistance and Research Center, pointed out that "when it comes to wage payment, occupational injury and other issues, if you want to solve them through judicial means such as arbitration or litigation, the confirmation of labor relations is the first hurdle on the road of safeguarding rights." From "company + employee" to "platform + individual", with the emergence of platform economy, the employment form of labor force in relevant industries in China has changed significantly. Because the current labor legal framework can not include all new forms of employment workers, this group faces many difficulties in the protection of labor rights and interests, which is described by netizens as "there is no threshold for employment, there is no unit for labor, and there is risk and no insurance". "In the traditional labor employment relationship, workers have obvious subordinate attributes in personality, economy and organization relative to employers," Huang Leping said. "Under the new employment form, it is difficult to determine whether workers meet these 'three properties'." "Labor relations are fragmented," concluded Tong Lihua, director of Beijing Zhicheng migrant workers legal aid and research center. Tong Lihua further explained that under the new employment form, the employing subjects are diversified, and the subjects of offline management, online management and salary payment may be different. In terms of management mode, from people managing people in the past to people managing through algorithms, and the identity of workers has become diversified, which increases the complexity of identifying labor relations. In September this year, Beijing Zhicheng migrant workers legal aid and Research Center released the Legal Research Report on the employment mode of takeout platform. After combing and analyzing the evolution of the complex employment mode of the delivery platform, the report believes that from the initial labor relationship, to the labor dispatch relationship, and then to registering as an individual industrial and commercial household through the third-party platform, the platform separates the labor cost and employment risk brought by the delivery rider outward and layer by layer, so that the legal liability of the employment subject of the platform is gradually eliminated. According to the scope of professors in the school of labor economics of Capital University of economics and trade, the importance of the identification of labor relations is that it involves not only the protection of workers' rights and interests, but also the fair order of market competition, but also the distribution of social risks. "From the perspective of market competition, the difference in labor costs may lead to the imbalance of the labor market, which makes the platform pump water from the real economy and affects the recruitment of the real economy." scope explanation, "From the perspective of social risk, how can we solve the problem of compensation if the delivery rider has a traffic accident leading to property loss or personal injury of a third party? The rider may not be able to bear it, but the platform has this ability." Workers expect to have bargaining power in the formulation of "algorithm" "Optimizing the allocation of labor and demand through algorithms is the biggest advantage of platform employment," said Shen Jianfeng, Dean of Law School of China Institute of labor relations, "However, when the algorithm takes the best workers as the prototype, designs labor efficiency and gives rewards and punishments, on the one hand, it will comprehensively improve the production efficiency, on the other hand, it will also increase the labor pay per unit time of workers, and the competition within the worker group will further improve the requirements of the algorithm for workers." The scope takes the setting of the delivery time of the algorithm as an example to further explain: "the faster the consumers receive the service, it may give higher evaluation to the employees, and also make the riders improve the efficiency of receiving orders. For example, it may take 35 minutes to send a single order, but now it takes only 30 minutes, and the delivery volume per unit hour will be increased." "In any case, the final result is to control the employees through the algorithm, continuously speed up the frequency of meal delivery, improve the labor intensity of workers, and finally the enterprise realizes the purpose of increasing the order volume and profits," the scope pointed out. Huang Leping put forward: "workers are invisibly manipulated by algorithms, so that the labor intensity may exceed the range they can bear." The reporter of worker's daily interviewed a number of workers in new employment forms such as online car Hailing drivers and take out riders. They generally reflected that they did not have much say in the provisions on the length of working hours and how much money they could get for a single job. "They can only accept the 'rules of the game', or they can only leave". In Huang Leping's view, to truly implement the measures to protect the rights and interests of workers in the new employment form, we can promote the formulation of labor quota benchmarks for workers in the new employment form through industrial trade unions or industry associations affiliated to the platform. "From the social security systems of some countries and regions, we can get an important enlightenment, that is, the flexibility of the use of policy tools." Huang Leping said, "by building a price negotiation system with the participation of the government, trade union and platform, we can check and balance the decision-making power of the platform and provide bargaining channels for workers in new employment forms." In recent years, the all China Federation of trade unions has vigorously promoted the participation of eight groups, including truck drivers, couriers, nursing care workers, housekeeping waiters, mall informants, online caterers, real estate agents and security guards. At the same time, the awareness of unity and mutual assistance has spontaneously emerged among workers in the new employment form, and many workers in the take out rider group look forward to making peace through collective negotiation Taiwan to negotiate for its own interests. Occupational injury insurance provides a solution to the social security dilemma Xiaohui from Henan is a take out rider in Beijing. She accidentally broke her leg on the way to deliver meals before the Chinese new year this year. The leader agreed that she asked for three days off. Xiaohui is not clear about the site's work-related injury reimbursement regulations and insurance system. "I heard that it seems that more than 300 yuan of medical expenses will be reimbursed, and less than 300 yuan will be borne by herself. The insurance only knows that it seems to be deducted from the salary, but I don't know what insurance it is and how much money to deduct." Because she took three days off, Xiaohui didn't get the reward of "666 yuan for running for 60 days". She thought that she had a labor relationship with the takeout platform, but she didn't leave a contract in her hand and didn't remember what was written in the contract. For take out riders, the more common occupational injuries occur in various traffic accidents. In addition to causing injuries to others, riders themselves are often at risk. Because China's current social security system is based on standard labor relations, this means that some riders cannot identify work-related injuries. For part-time crowdsourced riders, the take out platform generally buys commercial insurance for them, but There are also certain restrictions on the settlement of claims. "At present, the payment of work-related injury insurance and the identification of work-related injury in China are based on labor relations, but there are often disputes about whether there are labor relations for platform employment, which has become the biggest obstacle for riders to identify work-related injury." Shen Jianfeng said, "the guiding opinions on safeguarding the labor security rights and interests of workers in new forms of employment issued by 8 ministries and commissions recently." The introduction of occupational injury insurance and the establishment of a special single industrial injury insurance system for workers in new forms of employment in some places will provide solutions. " The reporter learned that in view of this social security dilemma, some places have successively issued normative opinions and explored some effective methods. For example, Nanjing, Jiangsu tried out the guiding opinions on regulating the labor employment of catering network appointment distributors under the new employment form , it is stipulated that takeout riders who establish labor relations with employers should be insured by employers to participate in social insurance according to law; Shandong Jinan printed and distributed the notice on doing a good job in the issuance of accidental injury insurance subsidies for flexible employees in new employment forms, encouraging and guiding the new business platform to purchase accidental injury insurance for flexible employees. For the scope of industrial injury and other occupational injuries faced by workers such as takeout riders, another question is raised: should the platform formulate rules corresponding to occupational safety? "The takeout rider accelerates the meal delivery according to the platform navigation system, but there may be instructions such as making the rider retrograde in the navigation, which is obviously in violation of the road traffic safety law.", "As a rule maker, if the platform allows or even amplifies the occupational risks of employees through algorithms, it will not only be subject to administrative fines, but also rise to the level of criminal responsibility in serious cases." Improve legislation and fully protect the legitimate rights and interests of workers In Shao Xinyin's case, his labor relations were "dizzy". Unable to find an employer has become a common dilemma for many workers in new forms of employment. "Why should we emphasize the main responsibility of the platform? It seems that there are various forms such as outsourcing, labor dispatch and individual industrial and commercial households, but in essence, the platform manages and controls workers through data and algorithms." Tong Lihua takes delivery riders as an example, "The platform formulates rules, the riders are sent according to the instructions of the platform, the platform manages the work effectiveness of the riders, and determines the income of the riders according to the comprehensive evaluation. The riders form a personal and economic dependence on the platform, so the platform should still bear the legal responsibility of employment." "From the perspective of enterprises, we should establish the awareness of labor rights and interests protection and have basic humanistic care for workers," Tong Lihua stressed. Tong Lihua also pointed out that at the moment of complex labor relations, the protection of workers' rights and interests must be professional. "Although we have established a legal aid system and relevant assistance mechanisms, we still lack professional legal service institutions and personnel to safeguard workers' rights and interests." In Tong Lihua's view, safeguarding the rights and interests of workers in the new employment form can not only rely on the "consciousness" of enterprises, but must be strongly constrained by laws, and many legislation in the labor field can not well adapt to the development of the current situation. "The perfection of the labor legal system is not only related to the rights and dignity of workers, but also related to everyone