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新就业形态劳动者权益保障
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2025年劳动法律监督“一函两书”典型案例发布——共商共治保护劳动者权益
Xin Lang Cai Jing· 2026-01-10 13:17
Core Viewpoint - The "One Letter and Two Books" system, jointly released by the All-China Federation of Trade Unions, the Supreme People's Court, and the Supreme People's Procuratorate, serves as an important institutional tool for labor law supervision, combining flexible supervision with rigid guarantees to address the challenges of protecting workers' rights [1][2]. Multi-Party Collaborative Governance - Since 2025, trade unions at all levels have collaborated with courts and procuratorates to implement the "One Letter and Two Books" system, ensuring timely and efficient handling of cases involving violations of labor rights such as wage arrears and occupational safety [1][2]. - A nationwide network for rights protection is gradually taking shape, with all 31 provincial-level trade unions establishing collaborative mechanisms with local courts and procuratorates [1][2]. Effectiveness of Collaborative Governance - In 2024, over 170,000 "One Letter and Two Books" were issued, successfully resolving 7,846 cases of wage and insurance arrears, recovering economic losses of 38.4125 million yuan for workers [3]. - Trade unions play a unique role as "early warning sentinels," "negotiation bridges," and "collaborative hubs," facilitating collective bargaining and democratic management between enterprises and workers [3]. Addressing Algorithmic Challenges - The rise of the platform economy has led to 84 million new employment form workers, raising concerns about their rights protection, particularly regarding algorithm management and transparency [4]. - The "One Letter and Two Books" system addresses these issues by facilitating communication between trade unions and platform enterprises, promoting the rectification of unreasonable algorithm settings that harm workers' rights [4][5]. Preventive Effects - The increasing number of disputes involving older workers highlights the need for legal protections, as existing labor laws do not adequately cover their rights [7][8]. - The collaborative efforts of trade unions, procuratorates, and courts in protecting the rights of older workers demonstrate the power of institutional innovation, leading to the establishment of a rights protection mechanism that fills legal gaps [7][8].
为新就业形态劳动者撑起保障伞
Xin Lang Cai Jing· 2026-01-09 19:44
Core Viewpoint - The Central Economic Work Conference emphasizes the importance of people's livelihoods and encourages flexible employment workers to participate in social insurance, signaling a focus on the rights of new employment forms and addressing the challenges in the labor market [1][2]. Group 1: Economic Development and Domestic Demand - The eight key tasks for economic work in 2026 include prioritizing domestic demand and building a strong domestic market, which is crucial for addressing the current issues of overcapacity and insufficient domestic demand [1]. - The relationship between domestic demand and livelihood security is highlighted, indicating that stable income and a sense of security are essential for consumer confidence [1]. Group 2: New Employment Forms and Labor Market - The rise of the gig economy has led to a significant increase in new employment form workers, such as delivery riders and couriers, who now constitute about 50% of urban employment in China [2]. - New employment form workers often lack formal labor relationships, making it difficult for them to access labor laws and social security benefits like the "five insurances and one fund" [2][3]. Group 3: Social Insurance Participation - Younger gig workers, such as delivery riders averaging 35 years old and manufacturing gig workers averaging 25 years old, show a low willingness to participate in social insurance [3]. - Some platform companies are exploring subsidies for social insurance for gig workers, but increasing participation rates remains challenging [3]. Group 4: Policy Implications and Future Directions - The focus on social security for new employment form workers has both substantive and symbolic significance, indicating a potential shift towards more formal employment identities and rights protections [3]. - Recommendations include encouraging platforms to enhance awareness of policy benefits among gig workers to build confidence in the social security system [4]. Group 5: Economic Stability and Innovation - The conference's policy direction emphasizes stability and quality improvement, with a focus on maintaining economic stability while fostering new growth points through technological innovation and industrial upgrades [5]. - The deployment of the eight tasks reflects a combination of stability and progress, with a particular emphasis on livelihood security and innovation-driven growth [5].
【工会创新实践调研行】从“解决一事”到“规范一行”
Xin Lang Cai Jing· 2026-01-06 19:29
Core Viewpoint - The article highlights the efforts of the Guangzhou Federation of Trade Unions to provide legal support and rights protection for new employment forms, such as delivery workers and ride-hailing drivers, through innovative solutions like the "Union Digital Person" and a comprehensive legal supervision system [1][2][4]. Group 1: Legal Support Initiatives - The Guangzhou Federation of Trade Unions has deployed 40 "Union Digital Person" machines across the city to offer legal consultation services to workers [1]. - Over 40 industry union federations have been established in key new employment sectors, with approximately 350,000 members, to enhance legal supervision and resolve industry disputes [2]. - The "One Letter, Two Documents" system has been implemented to address common issues in labor relations, with specific measures like rest and vacation reminders for delivery workers [2][3]. Group 2: Cross-Department Collaboration - The Federation has collaborated with the Tax Bureau to create a multi-faceted dispute resolution mechanism for social insurance fee conflicts, establishing a rapid response work station in Baiyun District [3]. - Joint efforts with the Transportation Bureau have led to the publication of industry self-regulation agreements and rental contract templates to ensure the protection of ride-hailing drivers' rights [3]. Group 3: Technological Integration - The Federation has expanded online and smart channels for conflict resolution, including the establishment of 24-hour self-service union stations and the "Tongxin Club" WeChat mini-program for truck drivers [4]. - A rapid response hotline for ride-hailing disputes has processed nearly 13,000 cases since its launch, achieving a completion rate of 99% [4]. Group 4: Industry Standardization - The Federation aims to not only resolve individual complaints but also to promote industry-wide labor standards, as evidenced by a decrease in labor disputes in the Baiyun District's e-commerce sector by 3.92% after implementing legal supervision measures [6]. - The "New Era Fengqiao Experience" labor practice stations provide comprehensive services, including legal advice and skills training, to new employment form workers [7].
中国为新就业形态劳动者撑起温暖“保障网”
Xin Hua Wang· 2026-01-04 00:36
打开手机扫码,推门而入,他的身上被一股暖意包裹。接了一杯热水,双手捧着,吴炎说:"这样的天气里,能有个暖和的地方歇脚,喝上 热水,比什么都强。"在这个十多平方米的空间里,空调送出徐徐暖风,也送来了片刻停歇。 类似的温暖场景,在天津的不少地方出现。从繁华商圈到社区街角,从银行网点到商超一角,遍布天津全市的近6000家工会驿站或依托社区 党群服务中心,或与银行、商超等合作共建,共同编织成一张温暖网络。 随着冬日渐深,工会驿站里的暖意也在不断升温。走进天津市南开区兴南街道紫光苑社区党群服务中心,社区志愿者与户外劳动者围坐一 起,揉面、擀皮、调馅、包饺子,大家其乐融融,欢声笑语间,饺子陆续出锅。 "最近,我们对社区党群服务中心的一处闲置空间进行了改造,增添了饮水机等设备,这次是主动邀请外卖骑手等户外劳动者前来认认 门。"兴南街道紫光苑社区党委书记铁晨阳介绍。 2025年11月28日,外卖小哥吴炎在位于天津市南开区大悦城商场外的一处工会驿站接热水。新华社记者 赵子硕 摄 新华社天津1月3日电(记者栗雅婷、赵子硕)接一杯热水,吃一餐热饭,吹一阵暖风……清晨,天津街头气温已达零下,遍布社区街角的工会 驿站里却是暖意融融。 ...
冬日暖“新”,威海市总工会在行动
Xin Lang Cai Jing· 2025-12-31 12:41
陈乃彰 威海报道 通讯员 夏丽萍 寒风虽劲,温暖依旧。近日,威海市总工会领导班子成员深入基层一线,走近货车司机、网约车司机、快递 员、外卖骑手等新就业形态劳动者,倾听他们最真实的心声,送上暖心的慰问物资,开展了一场有温度、有 回响的"走亲式"走访。 "平时喝水就餐方便吗?""有没有固定的休息点?"……在环翠区鲸园街道新就业群体共享职工之家内,市总 工会党组书记、常务副主席苑顺与几位刚送完货的快递员亲切地聊起家常。一位"小哥"坦言:"以前最盼 望的是有个能热饭、歇脚的地方,雨雪天尤其需要,现在有了工会驿站,解决了很大问题。" 另一位骑手 则提到了"充电难""停车难"等现实困扰。在场的工会干部认真地把这些诉求一一记录下来。 这样的场景,发生在工会干部所到的每一处新就业群体共享职工之家、工会驿站、新业态企业中。走访 过程中,工会干部不仅"身入",更注重"心至",他们带着装有米面油的暖"新"礼包,通过座谈交流、实地调研 等形式,与货车司机、网约车司机、快递员、网约配送员等新就业形态劳动者面对面交流,详细了解他们 的劳动报酬、休息休假、劳动保护、职业发展等权益保障情况,倾听他们的心声诉求,帮助解决急难愁盼 问题,把温暖 ...
威海市总工会组织召开新就业群体工作座谈会
Xin Lang Cai Jing· 2025-12-31 12:41
Core Viewpoint - The meeting organized by the Weihai Municipal Federation of Trade Unions focuses on the support and recognition of new employment groups, particularly delivery workers, highlighting their contributions and the need for ongoing societal attention to their rights and welfare [2][3]. Group 1: Meeting and Film Release - The meeting included representatives from various departments and media, discussing the microfilm "Dad Lives in the Phone," which portrays the life of delivery worker Xu Shengjun, emphasizing the daily challenges faced by this workforce [2]. - The film aims to express the government's care for new employment groups and calls for societal support to build harmonious labor relations [2]. Group 2: Initiatives for New Employment Groups - The Weihai Municipal Federation of Trade Unions has implemented various measures to address the needs of new employment workers, including warmth delivery, outdoor stations, exclusive insurance, psychological services, legal aid, and career development [3]. - In 2025, the establishment of 11 new enterprise unions and 2 regional unions is planned, with a target of enrolling 7,103 new employment workers as members [4]. Group 3: Achievements and Services - The union has signed collective contracts in the express delivery industry, introducing "seniority wages" and raising the minimum wage to 2,640 yuan per month [4]. - Legal service stations have been set up, handling 116 legal consultations and recovering over 100,000 yuan in economic losses for workers [4]. - Over 50 service activities have been conducted, benefiting 12,000 new employment workers, including health services and free medical check-ups for 1,800 workers [4].
推动公益诉讼 维护合法权益
Xin Lang Cai Jing· 2025-12-30 20:11
通过公益诉讼检察职能,兰州市城关区人民检察院在保障新就业形态劳动者合法权益的同时,促进了平 台企业用工规范化,助力营造法治化、和谐稳定的营商环境,推动新经济业态健康发展。(赵丹宁) 广 告 (来源:工人日报) 近日,甘肃省兰州市城关区人民检察院对一起针对新就业形态劳动者权益保障的行政公益诉讼涉案平台 企业的整改情况开展了"回头看"行动,通过检察监督推动平台企业规范用工管理,切实维护劳动者合法 权益。 办案过程中,检察机关主动走访外卖平台企业,并设计问卷广泛邀请外卖骑手、网约车司机等填写,全 面掌握劳动者实际状况。针对权益保障不足问题,检察院联合相关行政部门召开磋商会,明确监管责 任,并制发检察建议。经监督整改,相关平台企业已推动劳动者签订劳动合同、明确劳动关系,落实工 伤保险、劳动时间限制和强制休息机制,并优化算法规则与劳动安全条件,保障了劳动者权益。 ...
筑牢平台经济底座 让外卖骑手有更多获得感
Core Viewpoint - Flexible employment and new employment forms have become significant channels for income growth among workers in China, with over 200 million flexible workers reported. The central economic work conference emphasized the need for a win-win development model for platform enterprises, operators, and workers, setting a clear direction for the future of the platform economy [1]. Group 1: Industry Developments - The external competition among delivery platforms has intensified, leading to pressure on merchants and delivery riders. The State Administration for Market Regulation has urged platform companies to adhere to fair competition principles to protect the rights of consumers, merchants, and delivery riders [1]. - A new national standard for delivery platform service management was released, focusing on strengthening the protection of delivery riders' rights [1]. - The government plans to introduce measures to safeguard the rights of new employment form workers, further improving the rights protection system for flexible employment [1]. Group 2: Rider Experiences - Riders like Gu Shutian and Zhang Jinqian have reported positive changes in their lives due to platform policies, such as receiving pension insurance subsidies, which have become foundational for their families [2][3]. - The intense competition during the delivery wars led to mixed experiences for riders, with some benefiting from increased order volumes while others faced challenges due to system overloads and unclear fee structures [6][7]. - The stability of income and job security is a priority for many riders, who prefer consistent earnings over fluctuating high payouts from competitive platforms [9][10]. Group 3: Policy and Social Security - Platforms have begun implementing pension insurance subsidies, with companies like JD and Meituan covering a significant portion of the costs for riders, thus enhancing their social security [12][21]. - The new policies aim to lower the barriers for riders to participate in social insurance, allowing them to choose where to enroll based on their work location or home [16][17]. - Efforts are being made to increase awareness and participation in social insurance among riders, with local governments and platforms collaborating to provide accessible information and services [20][21].
保障超2亿灵活就业者权益 一揽子社保、立法举措将加速
Di Yi Cai Jing· 2025-12-27 04:23
Core Viewpoint - The Chinese government is taking new measures to protect the rights of flexible and new employment form workers, with policies to be introduced and labor laws to be revised accordingly [1] Group 1: Current Employment Landscape - The number of flexible and new employment form workers in China has exceeded 200 million, becoming an important channel for income generation [2] - Issues such as unstable income and insufficient labor protection still exist for these workers [1][2] Group 2: Social Insurance Initiatives - The government is innovating social insurance models, including a pilot program for occupational injury insurance that started in 2022, with 11 pilot companies and 17 provinces involved, covering 23.25 million people [2] - By the end of 2024, the number of flexible employment workers participating in basic pension and medical insurance is expected to reach 70.57 million and 66.16 million, respectively [2] Group 3: Policy Optimization - Policies are being optimized to reduce the burden of contributions for flexible employment workers and facilitate their participation in social insurance [3] - The government aims to include flexible employment workers in maternity insurance coverage and explore suitable contribution methods [3] Group 4: Legal Framework Improvement - The current labor laws are lagging behind the new employment forms, leading to difficulties in recognizing labor relationships and protecting workers' rights [4] - The government plans to expedite the introduction of regulations to protect the rights of new employment form workers and improve the legal framework [5][6] Group 5: Future Legislative Actions - There is a push to establish a medical security law and other regulations to fill gaps in rights protection for workers in new employment forms [6] - The government aims to revise existing labor laws to clarify the nature of labor relationships and the rights of workers in new employment forms [6]
外卖骑手在家中猝死被保险公司拒赔,检察机关支持起诉促调解
Xin Lang Cai Jing· 2025-12-27 04:16
该案虽然是保险合同纠纷,但案件背后折射出新就业形态领域因劳动关系的灵活性、隐蔽性带来的权益 保障复杂性。为了最大程度平衡保险合同意思自治原则与保障劳动者权益之间紧张关系、减少诉累,实 现案结事了人和,检察官认为引导周某某与保险公司达成和解或许是本案最优解。 为此,静安区检察院积极与区人民法院协同开展矛盾化解工作。在明确案件事实与法律关系基础上,静 安区人民法院充分发挥在诉讼调解中的主导和核心作用,向保险公司释明案件背后的法理、情理及国家 保障新业态劳动者权益的政策导向。同时,多次组织单方谈话与双方面对面调解,耐心安抚申请人情 绪,引导其理性看待诉讼风险,理解调解对于快速获赔、解决实际困难的积极意义。最终,双方当事人 当庭达成调解协议,保险公司同意支付周某某保险金并即时履行完毕。 12月27日,智通财经记者从上海市静安区人民检察院(以下简称"静安区检察院")获悉,近日,该院依 法办理了这起外卖骑手猝死保险理赔纠纷案。 2025年7月,申请人周某某攥着一份拒赔通知书走进静安区检察院,向民事行政检察部门的检察官寻求 帮助。周某某的儿子成某某系外卖众包骑手。2024年7月9日下午,成某某完成最后一单配送后,因身体 不 ...