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奔跑的身影应有保障托举
Jing Ji Ri Bao· 2025-05-10 22:16
Group 1 - The platform economy has created numerous job opportunities and new employment forms, with 84 million workers currently engaged in new employment forms in China [1] - New employment forms offer flexible working hours and locations, but also present challenges in labor rights protection due to complex employment relationships [1] - Government departments and platforms have made efforts to protect the rights of new employment form workers, including issuing guidelines on rest rights and labor remuneration [1] Group 2 - The "five insurances and one fund" are basic rights for workers, and there is a need to optimize social insurance procedures and expand coverage for new employment form workers [2] - Labor disputes in new employment forms pose new challenges for legal frameworks, necessitating the establishment of clear labor relationships and innovative dispute resolution methods [2] - Ensuring the rights of new employment form workers requires institutional innovation and corporate social responsibility to enhance their work motivation and contribute to high-quality economic development [2]
【央广时评】新职业劳动者获表彰的“代入感”
Yang Guang Wang· 2025-04-30 07:45
表彰是为了弘扬劳模精神和劳动精神,激励广大劳动者积极投身中国式现代化建设。数据显示,我国新 就业群体总量已达8400万人,基本覆盖社会生产生活的各领域各层次。这些新职业劳动者有的是日夜忙 碌的"快递小哥",有的是勤劳奔跑的"外卖骑手",有的是长途货车司机、"网约车司机",有的是护理 工……他们是我们社会正常运转不可或缺的组成部分,是与千家万户打交道最多的群体之一,也是我们 的兄弟姐妹。"全国劳动模范""全国先进工作者"这一荣誉,不仅是对他们在行业领域深耕的最高褒奖, 而且对引领我们每个人的就业观念有深远意义。 新征程上,我国劳动者队伍将更加庞大多元,很多新岗位将应"需"而生。此次新职业劳动者代表获表 彰,体现了"劳动最光荣"的价值认同。只要踏实劳动、勤勉劳动,每个人都会在各自平凡岗位上干出不 平凡的业绩,都能够被尊重、被认同、被礼赞。 庆祝中华全国总工会成立100周年暨全国劳动模范和先进工作者表彰大会4月28日在京举行,包括1670名 全国劳动模范和756名全国先进工作者在内的2426人受到中共中央、国务院的表彰。 这是我国第17次评选表彰全国劳动模范和先进工作者。获表彰的人员中,既有来自传统农、林、牧、渔 ...
最高法:加强对涉新就业形态民事纠纷案件的审判指导 推动出台有关司法解释
Zheng Quan Ri Bao Wang· 2025-04-30 07:42
Group 1 - The Supreme People's Court has released four typical cases to clarify the recognition standards for labor relations in the new employment form of online freight transportation, aiming to protect the rights of workers and promote the healthy development of platform enterprises and the platform economy [1] - Case 1 establishes that if there is a factual employment relationship and dominant labor management between a company and an online freight driver, a labor relationship should be recognized, ensuring the driver's labor rights [1] Group 2 - Case 2 addresses disputes related to liability insurance contracts in the new employment form, emphasizing that the determination of whether an action falls under the insurance coverage should consider the specific terms of the contract, legal provisions, and the nature of the worker's tasks [2] - Companies are encouraged 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, thereby mitigating corporate risks [2] Group 3 - Case 3 highlights the need for courts to consider the protective function of occupational injury insurance for new employment form workers when adjudicating cases of harm suffered during work tasks, ensuring that third parties remain liable for damages regardless of the worker's insurance benefits [3] Group 4 - Case 4 clarifies that victims can request the insurance company to be included as a co-defendant in liability cases, and if the conditions for direct compensation from the insurer are met, the court should order the insurer to fulfill its compensation obligations [3] - The Supreme People's Court plans to continue enhancing the protection of new employment form workers' rights and the orderly development of the platform economy, with a focus on guiding civil dispute adjudication related to this new employment form [3]
为新就业形态劳动者夯实保障
Jing Ji Ri Bao· 2025-04-03 21:53
Core Viewpoint - The government emphasizes the need to strengthen the rights protection of flexible and new employment forms, particularly for workers in the gig economy, and to expand occupational injury insurance trials [1] Group 1: New Employment Forms - New employment forms refer to job types organized through internet platforms using technologies like big data and AI, enabling direct connections between workers and consumers [1] - The total number of new employment workers in the country has reached 84 million [1] Group 2: Challenges Faced by New Employment Workers - New employment workers face significant issues regarding rights protection and service support, including unclear labor relationships with platform companies, inadequate salary systems, and insufficient social security coverage [2] - These challenges negatively impact their sense of belonging, happiness, and work motivation [2] Group 3: Management and Legal Framework - Strengthening institutional frameworks and regulatory guidance is crucial for solidifying rights protection for new employment workers [3] - There is a need to improve legal regulations to clearly define labor relationships and enhance the recognition process for occupational injuries [3] - Increased regulatory oversight of platform companies is necessary to ensure compliance with labor laws and fair labor practices [3] Group 4: Service Improvement - Enhancing service capabilities and support levels for new employment workers is urgent, including improving job service quality and providing precise job matching services [4] - Establishing targeted vocational training programs to enhance workers' skills and employability is essential [4] - Expanding the occupational injury insurance pilot program and simplifying the enrollment process for flexible employment workers are critical steps [4] - Creating supportive service environments, such as worker rest areas, is important for providing basic amenities to new employment workers [4] - Establishing specialized legal aid mechanisms to assist workers in labor disputes is necessary for protecting their rights [4]
专访最高法副院长贺小荣:加大数据权益司法保护力度,促推人工智能为民、向善、守法
21世纪经济报道· 2025-03-07 05:21
Core Viewpoint - The article emphasizes the importance of algorithm regulation in the context of new employment forms, highlighting the need to protect workers' rights while promoting the healthy development of the platform economy [1][4][5]. Group 1: New Employment Forms - New employment forms have become a significant employment reservoir, with 84 million workers engaged in these roles, accounting for 21% of the total workforce in China [4][5]. - The Supreme People's Court is actively working to establish legal frameworks that recognize and protect the rights of workers in new employment forms, ensuring a balance between labor rights and platform economic growth [4][5][6]. Group 2: Algorithm Regulation - Algorithms are identified as a key technology in managing new employment, with their control level being a crucial factor in determining the legal relationship between platforms and workers [7][9]. - The Supreme People's Court has issued guidelines to ensure that algorithms used in labor management do not violate workers' rights, emphasizing the need for transparency and fairness in algorithmic decision-making [8][9]. Group 3: Legal Challenges and Solutions - The complexity of labor relations in new employment forms poses challenges in accurately determining the existence of labor relationships, which significantly impacts workers' rights [6][9]. - The court has introduced guiding cases to clarify the standards for recognizing labor relationships in new employment forms, aiming to unify the adjudication standards and protect workers' rights [5][6]. Group 4: Data Rights and Protection - The article discusses the increasing importance of data rights and judicial protection in the context of digital economy and artificial intelligence, highlighting the need for clear legal frameworks to address disputes arising from these technologies [12][13]. - The Supreme People's Court is committed to enhancing judicial protection of civil rights in the digital economy while supporting the development of new industries [13][14].