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用好用工行政指导,保障新就业形态劳动者权益
第一财经· 2026-02-11 01:27
Core Viewpoint - The article discusses the importance of protecting the rights of new employment form workers in China, highlighting government actions to regulate labor practices in companies like Meituan, Taobao, and JD.com [2][4]. Group 1: Government Actions and Regulations - The Ministry of Human Resources and Social Security, along with five other departments, has initiated administrative guidance for 16 companies to ensure compliance with labor management and protect the rights of new employment form workers [2]. - A special action was launched to enhance labor rights protection for new employment form workers, resulting in inspections of 79,000 companies and addressing 14,000 violations [3]. - The government aims to strengthen collaborative governance and establish a regular regulatory mechanism to maintain labor rights [4]. Group 2: Labor Market Statistics - As of August 2025, there are 84 million new employment form workers in China, accounting for 21% of the total workforce. Including flexible employment, this group reaches approximately 200 million [2]. - The number of flexible and new employment form workers continues to grow, with issues of income instability and insufficient labor protection still prevalent [2]. Group 3: Legislative Developments - The government plans to draft the "Basic Rights Protection Measures for New Employment Form Workers" to clarify labor standards and corporate responsibilities, building on previous guidelines issued in July 2021 [5]. - The focus on legislative enhancement is crucial due to the evolving nature of employment forms in the platform economy, which has outpaced existing labor laws [5]. Group 4: Key Focus Areas for Future Guidance - Future administrative guidance will emphasize algorithm regulation, ensuring fair income for workers and addressing issues related to payment rules and commission rates [6]. - The government aims to expand occupational injury insurance coverage and improve social security measures for new employment form workers over the next three years [6]. - Enhanced supervision through big data will be implemented to monitor employment scales, forms, responsibilities, and income changes [6]. Group 5: Collaborative Efforts and Legal Framework - Strengthening administrative guidance is part of a broader strategy that includes collaboration with public prosecution for effective supervision of new employment forms [7]. - Continuous improvement of legal frameworks and clear focus areas are essential for the governance of new employment forms [8].
一财社论:用好用工行政指导 保障新就业形态劳动者权益
Di Yi Cai Jing· 2026-02-10 13:45
Core Viewpoint - The Chinese government is taking significant steps to protect the rights of new employment form workers by implementing administrative guidance for companies like Meituan, Taobao, and JD, emphasizing the importance of labor management and worker rights protection [1][2]. Group 1: Administrative Guidance and Labor Rights - The Ministry of Human Resources and Social Security, along with other departments, has initiated administrative guidance for 16 companies to ensure they fulfill their labor responsibilities and improve labor management [1]. - The administrative guidance focuses on standardizing employment contracts, ensuring algorithm fairness, and guaranteeing workers' income, rest rights, and social security [1][2]. - As of August 2025, there are approximately 84 million new employment form workers in China, accounting for 21% of the total workforce, highlighting the need for enhanced rights protection for this large group [1]. Group 2: Special Actions and Regulatory Measures - A six-month special action was launched in May 2025 to enhance labor rights protection for new employment form workers, resulting in inspections of 79,000 companies and addressing 14,000 violations [2]. - The ongoing administrative guidance will remain a crucial tool for maintaining labor rights, with a focus on collaborative governance and establishing a regular regulatory mechanism [2]. Group 3: Legislative and Algorithmic Focus - There is a need to strengthen legislation to keep pace with the evolving employment forms in the platform economy, as current labor laws are lagging behind [3]. - The government plans to develop a "Basic Rights Protection Measures for New Employment Form Workers" to clarify labor standards and corporate responsibilities, providing a stronger legal basis for administrative guidance [3]. - The focus on algorithm governance is critical, as platform companies may manipulate algorithms to their advantage, affecting workers' earnings and rights [4]. Group 4: Social Security and Data Monitoring - The government aims to expand occupational injury insurance coverage and improve social security measures for new employment form and flexible workers over the next three years [4]. - There is an emphasis on using big data to monitor employment scales, forms, responsibilities, and income changes to support effective administrative guidance [4]. Group 5: Collaborative Efforts and Legal Framework - Strengthening administrative guidance is part of a broader effort to ensure the rights of workers in new employment forms, requiring collaboration with legal measures such as public interest litigation [5]. - Continuous improvement of laws and regulations, along with clear focus areas, is essential for the effective governance of new employment forms [5].
一财社论:用好用工行政指导,保障新就业形态劳动者权益
Di Yi Cai Jing· 2026-02-10 13:40
Core Viewpoint - The government is enhancing administrative guidance and rigid supervision measures to protect the rights of new employment form workers, focusing on companies like Meituan, Taobao, and JD [1][2]. Group 1: Administrative Guidance and Supervision - The Ministry of Human Resources and Social Security, along with six other departments, is conducting administrative guidance for 16 companies to ensure they fulfill their employment responsibilities and improve labor management [1]. - A special action to enhance labor rights protection for new employment form workers was launched, resulting in inspections of 79,000 companies and addressing 14,000 violations [2]. - The collaborative approach among seven departments reflects a commitment to strengthen governance and establish a regular supervision mechanism [2]. Group 2: Legislative and Regulatory Framework - There is a need to strengthen legislation to keep pace with the evolving employment forms in the platform economy, as current labor laws are lagging [3]. - The government plans to establish a "Basic Rights Protection Method for New Employment Form Workers" to clarify labor standards and corporate responsibilities [3]. Group 3: Focus Areas for Administrative Guidance - Key focus areas for administrative guidance include regulating algorithms that affect worker compensation and ensuring social security measures are effectively implemented [4]. - The government aims to expand occupational injury insurance coverage and improve participation in basic pension and medical insurance for flexible and new employment form workers [4]. Group 4: Data-Driven Supervision - Utilizing big data to enhance supervision over employment scale, forms, responsibilities, working hours, and income changes is essential for effective administrative guidance [5]. - The collaboration between administrative guidance and rigid supervision measures, such as public interest litigation by procuratorial organs, is crucial for regulating new employment forms [5].