How to protect the rights and interests of takeaway brothers and online drivers

　　In recent years, with the continuous emergence of new business models and new occupations, new problems of labor disputes have also emerged… Recently, eight departments including the Jiangsu Provincial Department of Human Resources and Social Security issued the "Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms" and announced it to the public on December 18. The opinion focuses on the shortcomings of the problems faced by the protection of the rights and interests of workers in new employment forms, and protects the labor security rights and interests of workers in new employment forms such as online delivery staff, online car drivers, truck drivers, and Internet marketers through detailed measures.

　　What are the highlights of the "Opinions" and what benefits will they bring to workers in new business models? The reporter of the Yangzi Evening News Ziniu interviewed labor law experts and asked them to interpret these issues.

　　Yangzi Evening News/Ziniu News reporter, Wan Chengyuan

　　Highlight 1: Clarifying the standards for incomplete labor relations

　　Xu Xudong, a member of the Labor and Social Security Law Professional Committee of Nanjing Lawyers Association and a lawyer of Jiangsu Yicheng Law Firm, participated in the expert demonstration of the "Opinions" as an expert representative. Xu Xudong told reporters that the "Opinions" made it clear that there is strong autonomy in work arrangement among workers in new business formats. For such workers whose online work is subject to platform rules management or algorithm constraints and who obtain labor compensation, enterprises should negotiate with them to enter into a written employment agreement and reasonably determine the rights and obligations of both parties. Although the employment agreement is different from the employment contract that employers and workers need to enter into under the usual labor relationship, the purpose is the same.

　　For such workers who rely on the information and scenarios provided by platform enterprises to independently conduct business activities, obtain operating income, and be responsible for their own profits and losses, the rights and obligations of both parties shall be adjusted in accordance with civil law.

　　He believes that this classification in the "Opinions" will have an important impact on the types of rights, rights protection, and rights protection paths of workers in new business models.

　　◆ Highlight 2

　　Make it clear that the platform is responsible for the payment of wages

　　In terms of wage quota standards, the "Opinions" require that the hourly labor quota of laborers be reasonably determined by the piece-rate wage system to ensure that 90% of the new business workers in the same position can complete it within the agreed time. In terms of wage payment cycle, it is stipulated that it can be determined by hour, day, week and month, but the longest shall not exceed one month. In terms of overtime compensation, the "Opinions" stipulate that those who work on statutory holidays shall be paid wages higher than normal working hours.

　　Xu Xudong believes that this leaves room for enterprises to negotiate with workers on specific standards, which is different from the usual labor relationship where workers extend their working hours, work overtime on rest days, and work overtime on statutory holidays at least 150%, 200%, and 300% of their wages, respectively. The "Opinions" make it clear that platform enterprises should take overall responsibility for the payment of wages to workers in new formats and supervise the timely and full payment of wages and compensation by enterprises that adopt cooperative employment methods with them, which adds an insurance to the wage protection of workers with incomplete labor relations.

　　◆ Highlight 3

　　Safeguarding worker health and public safety

　　The "Opinions" stipulate that for online car-hailing drivers, online delivery personnel, takeaway food delivery personnel, and online transportation drivers in the same city, who work continuously for more than four hours, enterprises should establish mandatory rest rules and no more orders will be dispatched within 20 minutes.

　　Enterprises should ensure that workers in new business models enjoy a reasonable amount of continuous rest every working day through technical means.

　　Xu Xudong believes that this regulation responds to the strong social response, and by improving the platform order distribution mechanism and the new business model worker rest system, it will effectively protect the physical and mental health and public safety of such workers.

　　◆ Highlight 4

　　Protection against occupational injuries

　　According to the "Opinions", when enterprises recruit laborers with incomplete labor relations, they should guide and organize them to participate in the basic old-age pension for employees of local enterprises, basic medical insurance for employees, or participate in the basic old-age insurance for urban and rural residents and basic medical insurance for urban and rural residents as required.

　　Xu Xudong said that in the absence of coverage by work-related injury insurance, the pilot provides a safeguard for occupational injuries that workers with incomplete labor relations may suffer.

　　◆ Highlight 5

　　The content and means of rights relief are clarified

　　The "Opinions" stipulate that the labor security supervision organs shall promptly accept and handle complaints and reports on wages and compensation between laborers in new forms of incomplete labor relations and enterprises. Courts and arbitration institutions shall accept and handle disputes between such laborers and enterprises regarding wages and compensation, and should participate in compensation for occupational injuries in accordance with this opinion and the employment agreement between the two parties. Xu Xudong said that according to the provisions, labor inspection, labor arbitration and people’s courts will handle corresponding labor violations or disputes in accordance with their respective powers.

　　Xu Xudong said that at present, the "Opinions" have not yet dealt with the specific provisions of incomplete labor relations workers in terms of economic compensation or compensation for the termination of employment contracts, paid annual leave, etc., pending the introduction of subsequent legislation or policies.