Promote new forms of employment and standardize employment in accordance with the law

2023-06-08

Is there a labor relationship between the delivery rider and the platform enterprise? Is it a labor relationship or a civil cooperation relationship between online anchors and brokerage companies? Recently, the Ministry of Human Resources and Social Security and the Supreme People's Court jointly released typical cases of labor disputes in new forms of employment. These cases cover the main types of industries and common employment methods of the Platform economy. It is of great significance to effectively improve the quality and efficiency of handling labor dispute cases in new forms of employment by guiding the practice of adjudication through case interpretation. Employment is the most basic livelihood, and issues such as safeguarding the rights and interests of workers in new forms of employment are related to fairness, justice, and social harmony and stability. With the rapid development of the Platform economy, the number of workers in new forms of employment, such as delivery attendants, Ridesharing company drivers, and Internet marketers, who rely on the Internet platform for employment, has increased significantly. The 9th National Survey on the Status of the Workforce shows that there are 84 million new forms of employment in China, accounting for 21% of the total number of employees, mainly distributed in areas such as transportation, life services, knowledge and skills, and medical sharing. However, the new forms of employment have the characteristics of flexible employment relationships, fragmented work content, and flexible work methods, which pose new situations and problems in safeguarding the labor security rights and interests of workers. To clarify rights and obligations, the first step is to clarify legal relationships. According to relevant laws and regulations, the determination of labor relations should adhere to the principle of fact priority, and the relationship between the enterprise and the employee should be determined based on the employment facts. The core feature of labor relations is "labor management", which means that there are personality, economic, and organizational dependencies between workers and employers. In the new employment situation, there are differences in employment patterns between different platforms, and the determination of labor relations cannot be generalized. Instead, attention should be paid to reviewing the platform's operating methods, algorithm rules, etc. to determine whether the platform enterprise has labor management behavior towards workers, determine the nature of legal relationships based on facts, and determine the rights and obligations of all parties in accordance with the law. To promote standardized employment, it is necessary to draw a "hard bar" for the bottom line of the rule of law. In reality, some platform employment cooperation enterprises organize employment through flexible methods such as outsourcing or labor dispatch, but in reality, they still directly manage labor for workers, treating "outsourcing" as a "wind shield" to avoid corresponding legal responsibilities, increasing the difficulty of workers' rights protection; Under the new form of employment, the boundary between labor relations and cooperative relationships is becoming more blurred. Some platform enterprises and their employment cooperative enterprises induce or force workers to register as individual businesses and enter into cooperation agreements with them, using the name of cooperation to engage in labor and employment, seriously damaging the labor security rights and interests of workers. The legal bottom line for protecting the rights and interests of workers cannot be broken, and it is important to avoid the obligations of employers by signing civil cooperation agreements To effectively safeguard the legitimate rights and interests of workers, illegal employment behaviors such as "fake outsourcing and real employment" and inducing workers to register as individual businesses can be corrected. The report of the 20th National Congress of the Communist Party of China proposes to strengthen the protection of the rights and interests of workers in flexible employment and new forms of employment. Strengthening the protection of the rights and interests of workers in new forms of employment is not only a livelihood test that requires detailed answers, but also a necessary answer to creating a legal business environment. Nowadays, new forms of employment for workers have become an important force driving the vigorous development of the digital economy, and they are doing everything possible to

Edit:Wang Chen    Responsible editor:Jia Jia

Source:People.cn

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