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新就业形态劳动者权益保障
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为新就业形态劳动者脱困,立法时机已到
Nan Fang Du Shi Bao· 2025-07-29 16:03
Core Viewpoint - The report highlights the challenges faced by new employment form workers, such as delivery riders and ride-hailing drivers, in terms of social security, algorithmic exploitation, and outdated legal frameworks [1][2][3]. Group 1: Current Challenges - New employment form workers have a low social security participation rate, primarily due to platforms categorizing them as "individual business owners" or "freelancers," which allows them to evade legal responsibilities [2]. - Existing labor laws are outdated and do not adequately address the new labor relationships formed in the digital economy, making it difficult for these workers to protect their rights [3]. Group 2: Recommendations - The report suggests establishing a cross-departmental task force to integrate and coordinate efforts to protect the rights of new employment form workers [3]. - It recommends the development of a specific regulation for the rights of new employment form workers, focusing on occupational injury protection, collective negotiation mechanisms, and digital labor supervision [3][4]. Group 3: Legislative Initiatives - Some regions, like Anhui Province, have begun to implement regulations aimed at protecting the rights of new employment form workers, including defining their scope, clarifying employer responsibilities, and establishing dispute resolution mechanisms [4]. - Local legislative efforts are seen as a way to pioneer solutions in key areas such as labor relationship recognition and algorithm transparency, which could serve as a model for national legislation [4].
新就业形态劳动者面临三大困境,广东探索破局之路
Nan Fang Du Shi Bao· 2025-07-28 15:13
Core Viewpoint - The report highlights the challenges faced by new employment form workers, such as delivery riders and ride-hailing drivers, in terms of social security, algorithmic exploitation, and outdated legal frameworks, while providing recommendations for improvement [1][3][10]. Group 1: Social Security Challenges - New employment form workers face low social security participation rates, with many only able to join as flexible employees without employer contributions [3][4]. - The majority of these workers are young and prioritize immediate earnings over long-term benefits like pensions and healthcare, leading to low willingness to participate in social insurance [3][4]. - The report indicates that since 2022, Guangdong has initiated pilot programs for occupational injury insurance for new employment form workers, achieving the highest participation and benefit payment rates among pilot provinces [3][4]. Group 2: Algorithmic Exploitation - The report points out that platform algorithms negatively impact workers' rights, leading to overwork and increased safety risks due to high-pressure work conditions [5][6]. - Many workers engage in risky behaviors, such as running red lights, to meet performance metrics set by algorithms, which lack transparency and worker input [6][7]. - Platforms often use complex employment structures to evade responsibilities like social security contributions and overtime pay [4][6]. Group 3: Legal Framework Issues - Existing labor laws are inadequate for regulating non-traditional employment relationships, leaving new employment form workers without effective legal protections [10][11]. - The report notes a rising trend in labor disputes related to new employment forms, with over 2,000 cases annually in Guangdong since 2022 [10]. - There is a lack of effective oversight on platform algorithms, which are set unilaterally by companies without third-party validation [10][11]. Group 4: Recommendations - The report suggests establishing a cross-departmental task force to coordinate the protection of new employment form workers' rights and to implement a data reporting system for platforms [14][15]. - It recommends that platforms adopt fair algorithmic practices and provide paid leave for workers who meet certain performance criteria [14][15]. - The report advocates for the development of specific regulations to protect the rights of new employment form workers, including occupational injury insurance and collective bargaining mechanisms [15].
当好新就业形态劳动者的“娘家人”(一线手记)
Ren Min Ri Bao· 2025-07-21 21:56
Core Viewpoint - The rapid development of new employment forms such as delivery workers and ride-hailing drivers has made them an essential part of urban and rural development, with approximately 84 million new employment workers in China [1][2]. Group 1: Rights and Services for New Employment Workers - Strengthening the rights protection of new employment workers is both a new challenge and a necessary task for economic and social development [2]. - Trade unions are encouraged to enhance their organizational coverage and expand their service range to actively include new employment workers, acting as their "home" [2][3]. - The establishment of one-stop dispute resolution centers for new employment workers has been initiated in some areas to facilitate the resolution of labor disputes [3]. Group 2: Union Membership and Organizational Challenges - The process of integrating new employment workers into unions is fundamental for providing them with rights protection services [2]. - There are challenges in establishing unions due to the short lifecycle of some non-public enterprises and misconceptions among business owners regarding union formation [2]. - Despite an increase in the number of new organizations and members, there remains a gap in achieving stable and cohesive union structures [2][3]. Group 3: Infrastructure and Support Systems - As of the end of 2024, there are plans to establish 186,100 union service stations across the country to provide a supportive environment for new employment workers [3]. - These service stations are intended to serve as a new window for union services, offering not only a place to rest but also acting as a frontline for rights protection [3]. - The revision of the Trade Union Law in 2021 has provided strong legal protection for the rights of new employment workers to join and organize unions [3].
真招实招,服务新就业群体(大数据观察)
Ren Min Ri Bao· 2025-07-08 22:20
Group 1 - The article highlights the importance of new employment groups, which have reached 84 million in China, accounting for over 20% of the workforce [3] - The Xinjiang Uygur Autonomous Region has initiated a special action to enhance labor rights protection for new employment form workers, aiming to address key issues within six months [3][5] - The establishment of industry unions in Urumqi has provided support for ride-hailing drivers, helping them resolve issues such as unfair fines and contract disputes [5][6] Group 2 - Urumqi's ride-hailing industry has seen rapid growth, with over 15 platforms and more than 13,000 drivers [5] - The union has facilitated the creation of designated parking spaces for ride-hailing drivers at high-speed rail stations and airports, improving their working conditions [6] - In Changji City, community-based "warm stations" have been established to provide meals and childcare services for delivery workers, enhancing their work-life balance [7][8] Group 3 - In Korla City, an e-commerce incubation base has been set up to support individuals transitioning into the e-commerce sector, providing training and resources [9][10] - The training school in Korla offers free courses in e-commerce skills, with a high pass rate for certification, and has successfully placed graduates in local e-commerce jobs [10][11] - The "order-based training + targeted employment" initiative aims to connect graduates with local e-commerce companies, offering additional support for entrepreneurs [11]
多部门合力提升新就业形态劳动者权益保障!有何新变化?一文了解→
Sou Hu Cai Jing· 2025-06-11 14:24
Core Viewpoint - The Chinese government is launching a special initiative to address the rights and protections of gig economy workers, specifically focusing on a new occupational injury insurance scheme called "New Occupational Injury" tailored for delivery riders and ride-hailing drivers [1][6]. Group 1: New Occupational Injury Scheme - The "New Occupational Injury" scheme is designed specifically for workers in new employment forms, providing occupational injury protection based on the principles of platform funding, per-order payment, mandatory coverage for each order, and universal coverage for each individual [6][7]. - Unlike traditional commercial accident insurance, the "New Occupational Injury" scheme does not require personal contributions, as all costs are covered by the platform, making it suitable for both full-time and part-time workers [7][9]. - As of 2022, seven platform companies participated in pilot programs for this insurance, which are currently implemented in seven provinces and cities, including Beijing, Shanghai, and Guangdong [7][13]. Group 2: Financial Commitment and Coverage - A logistics platform has invested 120 million yuan in occupational injury insurance for drivers, covering approximately 1.6 million drivers, with coverage amounts ranging from several hundred yuan for minor injuries to up to 1 million yuan for severe injuries [9]. - An external delivery platform has reported a total premium expenditure of 1.5 billion yuan, covering nearly 7 million riders across seven provinces and cities as of April this year [11]. - The number of new employment form workers in China has reached 84 million, with over 11 million participating in insurance programs as of March [13]. Group 3: Future Plans and Algorithm Transparency - The Ministry of Human Resources and Social Security plans to expand the insurance pilot program to 17 provinces and cities, with a gradual push for nationwide implementation [13]. - Several platforms are also making efforts to optimize details regarding wages, rest times, and order dispatching, with a focus on transparency in algorithms related to order distribution and commission rates [13][15].
让保障追上奔跑者的速度 平台企业做好新就业形态劳动者权益保障
Jin Rong Shi Bao· 2025-05-29 03:18
Group 1 - The article highlights the emergence of a large new employment group known as "wheel-based fighters," consisting of ride-hailing drivers, couriers, and food delivery workers, with their numbers reaching 84 million, accounting for 21% of the total workforce in China [1] - These workers contribute significantly to urban vitality but face challenges such as high occupational risks and insufficient social security [1] - The need for insurance protection to keep pace with the rapid growth of this workforce is emphasized as a critical issue for employment stability and social governance in the digital economy era [1] Group 2 - The "New Occupational Injury" insurance program, launched in July 2022, has already covered over 10 million delivery workers and is set to expand from 7 to 17 provinces, aiming for nationwide implementation [2] - The program has seen significant financial backing, with over 1.5 billion yuan in premiums paid for more than 7 million riders in pilot provinces [2] - The service process has been fully digitized, allowing injured riders to easily submit claims through an app, enhancing their sense of security [2] Group 3 - The logistics platform Huolala has invested over 100 million yuan in occupational injury insurance, covering 1.6 million drivers and assisting over 1,000 drivers with claims, with the highest single claim exceeding 1 million yuan [3] - As the pilot program expands and policies improve, more workers in new employment forms will receive better protection [4] Group 4 - Major platforms like Meituan have begun providing pension insurance subsidies to delivery riders, with the first pilot covering 22,000 riders in two cities [5] - The subsidy program is designed to be accessible, allowing riders with a monthly income of 6,000 yuan to qualify, thereby enhancing their sense of belonging to the profession [5] - The initiative aims to provide standard social security benefits, ensuring that flexible workers have a safety net for retirement [5] Group 5 - Companies are exploring diverse protection paths for new employment workers, with some platforms signing formal labor contracts with stable employees [6] - Didi Chuxing is enhancing protections for its drivers, establishing a multi-layered rights protection system that includes income, rights, and development [7] - Didi has introduced customized commercial insurance products, including a joint pension plan and medical coverage, to further safeguard drivers' interests [7]
新修订的《陕西省实施〈中华人民共和国工会法〉办法》7月1日施行
Shan Xi Ri Bao· 2025-05-28 22:41
Core Viewpoint - The newly revised "Implementation Measures of the Trade Union Law of the People's Republic of China in Shaanxi Province" aims to address weaknesses in trade union work and adapt to new employment forms, enhancing the protection of rights for new employment form workers starting from July 1 [1][2] Group 1 - The revision includes provisions for trade unions to work with government departments to ensure platform companies establish unions and include new employment form workers [1][2] - New employment form and flexible employment workers can join unions at their platform companies or local/regional unions, ensuring broader representation [1] - The measures emphasize the need for collaboration between trade unions and various departments to establish negotiation mechanisms and improve labor conditions for new employment form workers [2] Group 2 - The regulations mandate that trade unions can organize negotiations on labor contracts, platform entry and exit, order distribution, and liability issues for new employment form workers [2] - The measures also highlight the importance of guiding new employment form workers to participate in social insurance based on their circumstances, ensuring their legal rights are protected [2]
保障新就业形态劳动者权益 缓解“零工焦虑”
Zhong Guo Jing Ji Wang· 2025-05-12 12:42
保障新就业形态劳动者权益,还有一个重要的环节就是企业。目前来看,已经有部分平台企业主动 担负起相应的社会责任,或主动全量足额为骑手缴纳保费,或推动规则公开透明等,这是一个好的开 始。对于积极落实社会责任的企业,有关部门应该予以肯定和鼓励。同时,监管部门也可以有针对性地 推出相应举措和服务,推动更多企业积极履行社会责任,切实保护好新就业形态劳动者的就业权益。 此外,还可以充分发挥社区功能,对新就业群体做好精准服务。由于很多新就业形态劳动者经常穿 梭于城市社区,社区服务就显得尤为重要。比如,浙江绍兴柯岩街道专门绘制了"新就业群体全域服务 手绘地图",为快递小哥、外卖小哥、网约车司机等人员解决了吃饭、充电、进小区等不少难题。 其实,无论是着力解决新就业群体眼前的"小麻烦",还是直面劳动权益保障等"大问题",关键是让 每一分服务都落到他们的心坎上。有了保障和托底,才能有效缓解"零工焦虑",进一步激发这一群体的 潜力和热情,让他们能安心投入到工作中。 【责任编辑:杨鑫宇 编辑:杨鑫宇】 近年来,以平台经济为代表的新业态蓬勃发展,新就业形态劳动者群体随之快速壮大。数据显示, 目前全国职工总数为4.02亿人左右,其中新就业 ...
强化新就业形态劳动者权益保障
Ren Min Ri Bao· 2025-05-06 22:12
Group 1 - The Supreme People's Court has released typical cases to protect the rights of new employment form workers, focusing on the recognition of labor relations and liability rules in the online freight transport sector [1] - In a case involving a transportation company and a driver, the court recognized the existence of a labor relationship based on the company's control over the driver, ensuring the driver enjoys labor rights [1] - The court emphasized the need for companies to purchase commercial insurance to protect new employment form workers from occupational injuries and to provide timely relief for third parties harmed by these workers [1] Group 2 - In a case concerning a property management company, the court highlighted the importance of considering occupational injury protection for new employment form workers, ensuring that third parties remain liable for damages regardless of the workers' insurance benefits [2] - The Supreme Court plans to enhance guidance on civil disputes involving new employment forms and aims to issue judicial interpretations to maintain social harmony and stability [2]
切实维护好劳动者的生存权和发展权 有效加强新就业形态劳动者权益保障
Ren Min Ri Bao· 2025-05-06 22:00
Group 1 - The core viewpoint emphasizes the importance of ensuring the survival and development rights of workers, particularly in the context of new employment forms arising from the digital economy [1] - The government report highlights the need to strengthen the rights protection of flexible and new employment form workers, acknowledging their growing role in stabilizing employment and safeguarding livelihoods [1] - New employment forms, such as platform-based work, have expanded rapidly, necessitating updated approaches to protect workers' rights in this evolving landscape [1] Group 2 - New employment form workers enjoy greater autonomy and flexibility in choosing their work hours and locations, which contrasts with traditional employment [2] - There is a call for both adherence to existing labor laws and innovative measures to expand rights protection for these workers, including new methods of occupational injury protection [2] - The government is exploring new ways to ensure fair treatment and adequate protection for workers who cannot establish traditional labor relationships [2] Group 3 - A collaborative approach among legislative, administrative, and judicial bodies is essential for effectively safeguarding the rights of new employment form workers [3] - Legislative changes, such as the amendment of the Production Safety Law, have been made to include platform work, establishing safety responsibilities for these new employment forms [3] - Administrative bodies have issued guidelines to promote fair employment practices and address issues like minimum wage and work hours for new employment form workers [3] Group 4 - The integration of labor law and digital law is crucial for the effective protection of new employment form workers' rights, as these forms continue to evolve [4] - The government aims to establish minimum labor conditions for new employment form workers to prevent exploitation and ensure fair treatment [4] - Regulatory measures are being implemented to address algorithm misuse and protect workers' personal data, ensuring a balanced approach to rights protection in the digital economy [4]