不完全劳动关系
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给百万骑手保障,为何是世界难题?
虎嗅APP· 2025-11-06 13:17
Core Viewpoint - Meituan has announced that its rider pension insurance subsidy will be implemented nationwide two months ahead of schedule, benefiting millions of riders [2][3]. Group 1: Industry Context - The rider community has rapidly grown to over ten million since the inception of online food delivery in China in 2008, highlighting the challenge of providing social security for the 240 million flexible workers globally [5]. - The U.S. and U.K. have struggled with defining labor relationships for gig workers, often classifying them as independent contractors, which complicates their access to social security [6][23]. - The introduction of the "Labor Tripartite" concept in 2021 by Chinese authorities aims to address the unique needs of flexible employment groups, including riders and ride-hailing drivers [8]. Group 2: Current Challenges - Riders face a low participation rate in social security, with only 25% covered under urban employee insurance, and many are reluctant to contribute due to financial constraints [11]. - The existing social security options are limited, with urban employee insurance being too costly for most riders, while rural resident insurance offers low coverage [12]. - A significant portion of riders (about 40%) are hesitant to pay more than 500 yuan per month for social security, indicating a preference for lower costs over comprehensive coverage [20]. Group 3: Meituan's Initiatives - Meituan has initiated a pension insurance subsidy that is now available to all riders, regardless of their employment status, aiming for inclusivity and fairness [33]. - The company has also participated in the "New Occupational Injury" pilot program, which provides a flexible insurance model based on the number of orders completed rather than traditional employment contracts [25][29]. - By 2024, Meituan plans to expand its insurance offerings and has already covered over 13 million riders with more than 2 billion yuan in premiums [29]. Group 4: Future Outlook - The rider insurance model established by Meituan may serve as a blueprint for other gig economy workers, such as delivery personnel and ride-hailing drivers, to access similar benefits [43]. - The ongoing collaboration between government and platforms like Meituan is essential for creating a sustainable social security framework for the growing flexible workforce in China [42].
提供AI账号招人直播构成劳动关系吗?法院判了
Xin Hua She· 2025-04-29 11:04
Core Viewpoint - The case highlights the emergence of "incomplete labor relationships" in the context of AI digital human live streaming, where companies exert control over workers while not fully establishing traditional labor relations [1][2][3] Group 1: Company Practices - A network company recruited personnel for AI digital human live streaming, providing a one-year free digital account and requiring a minimum of 4 hours of daily streaming [1] - The company imposed a 6% revenue sharing model and required weekly submission of streaming data, indicating substantial control over the worker's activities [2] - Despite the control, the worker retained some autonomy in choosing the streaming platform and content, reflecting a blend of management and flexibility in new employment models [2][3] Group 2: Legal Findings - The court determined that the network company had a degree of controlling labor management over the worker, but the relationship did not meet the criteria for a full labor relationship [2] - The company failed to provide necessary training and support despite the worker's repeated requests for assistance, which contributed to the worker's inability to fulfill contractual obligations [2] - The court ruled that the company's claim for a breach of contract penalty lacked factual and legal basis, leading to the dismissal of the company's lawsuit [2]