The rights and interests of 200 million flexible employees should be protected by law
2022-03-07
How many express deliveries do Chinese people send and receive a year? The answer is a 12 digit number. In December 2021, according to the monitoring data of the State Post Office, the 100th package of China Express was born in the year, and we entered the "100 billion pieces era" of express delivery. This year, online car Hailing completed 8.32 billion orders and 540 million people ordered takeout. According to the data released by the National Bureau of statistics, by 2021, about 200 million flexible employees supported the above-mentioned industries. In addition, there are hundreds of millions of registered accounts in the online performance (live broadcast) industry, and countless online writers and freelance writers are active on various content platforms. Flexible employment has become an important form of employment in China's labor market, and the rights and interests of practitioners should be protected by law. Behind big data is the struggle of specific people. PI Jianlong, member of the National Committee of the Chinese people's Political Consultative Conference and director of Beijing Jintai Law Firm, who has been paying attention to this group, saw that in the past two years, the rights and interests of flexible workers have been protected to some extent. However, "there is still a fundamental problem about flexible employment that has not been solved, that is, the identity of these new workers has not been confirmed". On March 5, Premier Li Keqiang proposed to "improve the social security policy for flexible employment and carry out the pilot of occupational injury protection for new forms of employment" in his government work report. "Three noes" and "three difficulties" In the sample investigated by PI Jianlong, only 43% of the practitioners have signed labor contracts with platforms or third-party labor dispatch companies, 29% have signed labor agreements, and 21% have not signed any form of contracts or agreements. It is pointed out that all kinds of giant enterprises have a certain degree of flexibility in the use of "Jianlong" platforms. Flexible employees face "three difficulties", that is, it is difficult to negotiate with platform enterprises or outsourcing companies on an equal footing, to confront them on an equal footing, and to strive for legal rights. In order to avoid legal liability and reduce costs, some platform enterprises often do not sign written labor contracts with practitioners, or replace them with labor contracts, contracts and other forms of contracts. This way, these workers are often in a situation of lack of social security. Chai Shanshan, deputy to the National People's Congress, found in the research that many outsourcing companies will reduce their operating costs by paying social security in other places, or guide practitioners to give up social security by "discounting" at a low price. In fact, many flexible employees with low education level do not have enough understanding of the importance of social security and "think it's OK to get a little more money". "After working in the same place for two years, I still seem to be a temporary worker." During the investigation, Chai Shanshan heard an express brother say that his labor dispatch company did not pay him social security in Shanghai, so he could not apply for a temporary residence permit and had to send his children back to his hometown for school. Ordinary dispatched workers are also difficult to enjoy the benefits of affordable housing, medical treatment and education in their workplace, not to mention the "three noes" who "have no labor contract, no social insurance and no social security". "The law can't support them." Said PI Jianlong. "Fast running", "fast sending", "fast receiving"... This is the expectation of consumers for flexible workers. At the same time, in order to get the reward given by the algorithm system and receive less punishment, these "riders" and "little brothers" must also strive to complete more orders in unit time. The pursuit of speed often makes them face the risk of traffic accidents, and even themselves become a hidden danger of traffic safety. Running red lights, going retrograde, speeding... Once an accident occurs, they are likely to fall into the dilemma of safeguarding their rights. "Only when the problem really arises will they find it difficult to protect their rights." Chai Shanshan found that in this field, the phenomenon of "one package", "layer by layer subcontracting" or "layer by layer subcontracting" is not uncommon, which not only leads to the income of some flexible employees being "skinned" layer by layer, but also "don't know who should be responsible" when they encounter problems. Consider the future of this group Chai Shanshan pays more attention to another question - where is the future of flexible workers. Entering the city, choosing a platform or an outsourcing company to become a courier, takeout, online car Hailing driver... Is the career choice of many rural youth. For them in the period of employment confusion, the industry threshold of flexible employment is not high, the income is OK, and the access is free. Chai Shanshan sees that many people in this group are in a state of overwork for a long time. They often work more than 10 hours a day and have to work overtime on holidays, but they can't get overtime compensation. In this regard, Zhu Lieyu, deputy to the National People's Congress, called for the verification of the labor intensity of takeout delivery workers in an interview with the media. Referring to the economic subsidies and compensatory holidays owned by some heavy manual workers, takeout delivery workers "should also have the general standards of this industry". More importantly, some enterprises have not formulated training plans for them. They are tired and have no time to improve themselves. "After they have been outsourced layer by layer, no unit or responsible owner knows how to train them." Chai Shanshan said that especially some young people in their 20s will miss the golden age of learning. Another finding of Chai Shanshan is that "the channel of high-quality employment brought by outsourcing employment has been reduced". At present, in order to reduce the labor cost, many employers have gradually begun to narrow or close the traditional recruitment channels and adopt more flexible employment methods, which leads to the relative rise of the labor cost of law-abiding enterprises that safeguard the rights and interests of workers with reference to labor relations, which is in an unfavorable position in the industry competition, and gradually start or consider outsourcing some businesses, To some extent, it has caused the phenomenon that bad money expels good money. They need to be legally identified To protect the rights and interests of flexible employment personnel, we must first be able to identify their identity according to law. PI Jianlong suggested that China's labor law should be amended as soon as possible, the shortcomings of labor legislation should be supplemented, the "protection of the rights and interests of workers in new formats" should be stipulated in a special chapter, and the protection of the rights and interests of workers in new formats should be included in the protection scope of labor law as a specific occupational type. He also said that the labor law should give workers in the new industry the basic labor rights in terms of equal employment, minimum wage, working hours and rest time, basic endowment insurance and medical insurance. "These people basically work in one place for a long time, but they can't enjoy the welfare benefits of the city. How can they integrate into the city in the long run?" Chai Shanshan also suggested to strengthen the establishment and coverage of territorial trade unions and industrial trade unions, timely absorb outsourced workers, dispatched workers and flexible employment workers who are separated from the enterprise trade unions, and clarify the responsibility of joint labor union expenditure. Carry out consultation on workers' rest and vacation, vocational training, remuneration and welfare, labor protection and other contents in the form of industry employee representatives; Conclude collective contracts and adopt collective negotiation to urge and guide business employers and contractors to consciously safeguard the legitimate rights and interests of workers, so as to truly enable workers with wage income as the main source of livelihood to enjoy the due treatment of workers in the actual place of work, such as urban welfare excluded by social security in other places, due income from legal holiday work, etc. In view of the difficulty of protecting the rights of flexible employees, Chai Shanshan also suggested that the requirements for the examination of industry market access qualification of outsourcing companies should be improved, and the enterprise administrative license of outsourcing human resources companies should be strictly improved by classification based on the protection of the legitimate rights and interests of workers; At the same time, clarify the responsibilities of all parties under the "three-point relationship" of labor relations, incomplete labor relations and flexible employment. It is suggested to clarify the employer's incomplete labor relations responsibility for outsourcing flexible employment. When the responsible party cannot effectively perform the compensation for the disputes caused by outsourcing and multi-layer subcontracting, the source employer will find out the details and then recover the compensation from the wrong party. He also suggested that the industry supervision departments and labor supervision departments take the initiative to increase the scope of labor security supervision and law enforcement, and take safeguarding the rights and interests of workers in the responsible area as one of the important assessment indicators. At the two sessions of this year, Chai Shanshan called for "improving labor outsourcing laws and regulations and unblocking the rights protection and dispute resolution channels of this group" in his "suggestions on further standardizing outsourcing flexible employment mode and improving employment quality". (outlook new era)
Edit：zhouting Responsible editor：wenting
Source：China youth Daily
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