Establishing a legal

2023-05-30

Recently, the Supreme People's Court and the Ministry of Human Resources and Social Security jointly released a batch of typical cases of labor disputes in new forms of employment. This batch of cases covers the main types of industries and common employment methods in the platform economy, involving new professions such as delivery delivery personnel, ride hailing drivers, and online anchors. The aim is to guide judicial practice and respond to public concerns through case interpretation. In recent years, with the rapid development of the economy on platforms such as ride hailing and takeout, the number of new forms of employment such as ride hailing drivers and delivery personnel relying on these platforms has been continuously increasing. Statistical data shows that the current population of this group has reached 84 million people. However, in practice, many platforms have not signed labor contracts with ride hailing drivers, ride hailing delivery personnel, etc. due to factors such as cost reduction and efficiency improvement. These workers either sign cooperation agreements with the platform in the form of registered individual businesses, or take orders from the platform through labor dispatch, labor outsourcing, and other forms, which can be described as diverse. This also makes it easy to fall into a state where the public says that the public is reasonable and the woman says that the woman is reasonable in the event of a labor dispute. In order to effectively protect the rights and interests of workers in new forms of employment and accurately adjudicate such disputes, in July 2021, the Ministry of Human Resources and Social Security, the Supreme Law and other eight departments jointly issued guidance opinions, making specific distinctions on the nature of employment and corresponding safeguard measures for workers in new forms of employment; In December 2022, the Supreme Law also issued opinions on providing judicial services and guarantees for stable employment, providing specific guidance on how to recognize labor relations in new forms of employment. The batch of typical cases released this time is to further explain the principles and ideas that should be upheld in handling such cases through case interpretation. From this batch of typical cases, regardless of the form in which the platform packages its relationship with workers, judicial authorities and human resources departments adhere to the principle of "fact first" labor relationship determination. This not only has guiding significance for grassroots judicial authorities and human resources departments to handle such cases efficiently, but also helps guide the platform and its cooperative enterprises to regulate employment in accordance with the law and protect workers' rights rationally, Let new forms of employment workers feel fairness and justice in every case. Workers in the new employment form are the direct providers of new business services, and whether their work is dignified and guaranteed directly affects how stable and far the new business form can go. Therefore, only by standardizing the employment management of platform enterprises and providing legal "protective umbrellas" for these practitioners can we better promote the high-quality and sustainable development of new business models. (New News Agency)

Edit:Wang Chen    Responsible editor:Jia Jia

Source:legaldaily.com

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