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2021-08-20

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People's Daily: The protection of rights and interests in new employment forms cannot be "trapped in the system"

新就业形态的劳动者数量大幅增加。

People's Daily: The protection of rights and interests in new employment forms cannot be "trapped in the system"

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{"i18n":{"language":"en_US"},"data":{"magic":2,"id":836806938,"tweetId":"836806938","gmtCreate":1629468124924,"gmtModify":1676530051108,"author":{"id":3586656280148992,"idStr":"3586656280148992","authorId":3586656280148992,"authorIdStr":"3586656280148992","name":"PuaTongSeng","avatar":"https://static.tigerbbs.com/3ee3da8bcdfe53b216563ab50afc6e5e","vip":1,"userType":1,"introduction":"","boolIsFan":false,"boolIsHead":false,"crmLevel":11,"crmLevelSwitch":1,"currentWearingBadge":{"badgeId":"7a9f168ff73447fe856ed6c938b61789-1","templateUuid":"7a9f168ff73447fe856ed6c938b61789","name":"Knowledgeable Investor","description":"Traded more than 10 stocks","bigImgUrl":"https://static.tigerbbs.com/e74cc24115c4fbae6154ec1b1041bf47","smallImgUrl":"https://static.tigerbbs.com/d48265cbfd97c57f9048db29f22227b0","grayImgUrl":"https://static.tigerbbs.com/76c6d6898b073c77e1c537ebe9ac1c57","redirectLinkEnabled":0,"hasAllocated":1,"isWearing":1,"stampPosition":0,"hasStamp":0,"allocationCount":1,"allocatedDate":"2023.08.11","individualDisplayEnabled":0},"individualDisplayBadges":[],"fanSize":23,"starInvestorFlag":false},"themes":[],"images":[],"coverImages":[],"extraTitle":"","html":"<html><head></head><body><p>True</p></body></html>","htmlText":"<html><head></head><body><p>True</p></body></html>","text":"True","highlighted":1,"essential":1,"paper":1,"likeSize":0,"commentSize":0,"repostSize":0,"favoriteSize":0,"link":"https://ttm.financial/post/836806938","repostId":1197439227,"repostType":4,"repost":{"id":"1197439227","kind":"news","pubTimestamp":1629465457,"share":"https://ttm.financial/m/news/1197439227?lang=en_US&edition=fundamental","pubTime":"2021-08-20 21:17","market":"hk","language":"zh","title":"People's Daily: The protection of rights and interests in new employment forms cannot be \"trapped in the system\"","url":"https://stock-news.laohu8.com/highlight/detail?id=1197439227","media":"人民日报评论","summary":"新就业形态的劳动者数量大幅增加。","content":"<p>Text/Shen Ruochong</p><p>In recent years, with the rapid development of China's platform economy, the number of workers in new employment forms such as couriers, truck drivers, online car drivers, and food delivery staff has increased significantly. How to effectively protect the legitimate rights and interests of these groups has become a hot spot of social concern. Recently, eight departments jointly issued the \"Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms\", starting with improving the system and mechanism, and making practical and hard measures to solve the problem of rights and interests protection \"trapped in the system\".</p><p>With the promulgation of the \"Opinions\", some people praised the reality of practical moves and the hardness of hard moves. In addition to clarifying that \"platform enterprises should reasonably assume the corresponding responsibilities for safeguarding workers' rights and interests\", it also makes rigid provisions on fair employment, labor remuneration, rest, labor safety, social insurance and other aspects. This is also the most concerned, direct and realistic interest issue of practitioners. For example, aiming at the problem of too long working hours, promote the industry to clarify the labor quota standard; For example, it is clear that enterprises are not allowed to formulate assessment indicators that harm the safety and health of workers, formulate and revise institutional rules and platform algorithms directly related to workers' rights and interests, and fully listen to the opinions and suggestions of trade unions and workers' representatives; For example, aiming at the problem that groups such as takeaway brothers encounter inadequate accident protection, it is planned to carry out a pilot project of occupational injury protection. These policies and regulations bring all-round protection and real dividends to flexible employees, and also draw a \"hard lever\" for related enterprises to carry out business activities.</p><p><img src=\"https://static.tigerbbs.com/0ec86c96abb069439cc4d6729ed7062e\" tg-width=\"520\" tg-height=\"1196\" referrerpolicy=\"no-referrer\">(Figure source network)</p><p>Carrying out source governance with institutional innovation and making rigid regulations from top-level design means that the protection of the rights and interests of workers in the new employment form has entered a higher stage of institutionalization and standardization. For some time, because the labor relations of new formats need to be clearly defined, there are \"blind spots\" in social security, platform supervision is still lacking, and many workers in new employment forms are \"trapped in the system\". Behind this, there are not only the reasons why the employment forms and methods are relatively flexible, which makes it difficult to simply incorporate them into the adjustment of China's current labor laws, but also the reality that the institutional norms can't keep up with the rapid development of new economy, new formats and new models, and there are also problems caused by unclear rights and obligations and incomplete equal status between platform enterprises and workers. Previously, the relevant departments have repeatedly consolidated the responsibility of the platform by interviewing the person in charge, carrying out special rectification, and strengthening supervision, and earnestly safeguarded the rights and interests of workers in the new employment form. Compared with the previous scattered guarantee methods, the opinions issued this time have made great efforts to establish rules and regulations, and made practical measures to fill the shortcomings of the system, which can be said to be more comprehensive, more systematic and more powerful.</p><p>Employment is the greatest livelihood. It is the original intention of formulating policies to do everything possible to safeguard the labor security rights and interests of workers in the new employment form and create a better development environment and occupational environment for them. At present, the new employment form has become an important \"reservoir\" for absorbing employment. According to the data, there are 236 online car-hailing platform enterprises in China, with more than 3.51 million licensed online car-hailing drivers, and the scale of take-out food delivery staff has also been expanding, reaching 7.7 million. Workers in new employment forms have made positive contributions to meeting the diverse needs of the masses and are also an important force in promoting the vigorous development of the digital economy. Effectively safeguarding their rights and interests and solving their worries is the only way to enhance the sense of acquisition, happiness and security of workers in the new employment form. In the long run, by improving the level of rights and interests protection, it can also enhance the attractiveness of occupations and promote the standardized and healthy development of platform economy.</p><p>Policy formulation is only the first step, and the next key is to work hard on implementation. Judging from the requirements put forward in the \"Opinions\", whether it is to liberalize the household registration restrictions for flexible employees to participate in basic old-age insurance at the place of employment, to establish a vocational skills training model suitable for workers with new employment forms, or to speed up the construction of urban comprehensive service outlets to provide working and living convenience for workers with new employment forms, these policies and measures cannot stay on paper and need to be further implemented. From a realistic point of view, safeguarding the protection of labor rights and interests of workers in the new employment form is also a systematic project, which needs to form a joint force of joint management. It is worth noting that at the policy briefing held on the 18th, many departments have clarified detailed plans for the implementation of opinions and come up with specific measures, which are worthy of expectation from all walks of life.</p><p>Of course, in safeguarding the rights and interests of workers in the new employment form, the responsibility of enterprises is indispensable and the first. Now that the policy is very clear, relevant enterprises must carry out business and employment activities in accordance with laws and regulations, and timely adjust and optimize practices that do not meet the requirements. For platform enterprises, it is not the proper practice of conscientious enterprises to pass on business risks and costs to workers and use algorithms and other means to infringe on the legitimate rights and interests of workers, let alone a long-term solution. No matter what stage of development they are in, only by earnestly fulfilling the main responsibility of safeguarding the rights and interests of workers can platform enterprises build their development and growth on a legal, compliant, healthy and orderly track.</p>","source":"lsy1607683579346","collect":0,"html":"<!DOCTYPE html>\n<html>\n<head>\n<meta http-equiv=\"Content-Type\" content=\"text/html; charset=utf-8\" />\n<meta name=\"viewport\" content=\"width=device-width,initial-scale=1.0,minimum-scale=1.0,maximum-scale=1.0,user-scalable=no\"/>\n<meta name=\"format-detection\" content=\"telephone=no,email=no,address=no\" />\n<title>People's Daily: The protection of rights and interests in new employment forms cannot be \"trapped in the system\"</title>\n<style type=\"text/css\">\na,abbr,acronym,address,applet,article,aside,audio,b,big,blockquote,body,canvas,caption,center,cite,code,dd,del,details,dfn,div,dl,dt,\nem,embed,fieldset,figcaption,figure,footer,form,h1,h2,h3,h4,h5,h6,header,hgroup,html,i,iframe,img,ins,kbd,label,legend,li,mark,menu,nav,\nobject,ol,output,p,pre,q,ruby,s,samp,section,small,span,strike,strong,sub,summary,sup,table,tbody,td,tfoot,th,thead,time,tr,tt,u,ul,var,video{ font:inherit;margin:0;padding:0;vertical-align:baseline;border:0 }\nbody{ font-size:16px; line-height:1.5; color:#999; background:transparent; }\n.wrapper{ overflow:hidden;word-break:break-all;padding:10px; }\nh1,h2{ font-weight:normal; line-height:1.35; margin-bottom:.6em; }\nh3,h4,h5,h6{ line-height:1.35; margin-bottom:1em; }\nh1{ font-size:24px; }\nh2{ font-size:20px; }\nh3{ font-size:18px; }\nh4{ font-size:16px; }\nh5{ font-size:14px; }\nh6{ font-size:12px; }\np,ul,ol,blockquote,dl,table{ margin:1.2em 0; }\nul,ol{ margin-left:2em; }\nul{ list-style:disc; }\nol{ list-style:decimal; }\nli,li p{ margin:10px 0;}\nimg{ max-width:100%;display:block;margin:0 auto 1em; }\nblockquote{ color:#B5B2B1; border-left:3px solid #aaa; padding:1em; }\nstrong,b{font-weight:bold;}\nem,i{font-style:italic;}\ntable{ width:100%;border-collapse:collapse;border-spacing:1px;margin:1em 0;font-size:.9em; }\nth,td{ padding:5px;text-align:left;border:1px solid #aaa; }\nth{ font-weight:bold;background:#5d5d5d; }\n.symbol-link{font-weight:bold;}\n/* header{ border-bottom:1px solid #494756; } */\n.title{ margin:0 0 8px;line-height:1.3;color:#ddd; }\n.meta {color:#5e5c6d;font-size:13px;margin:0 0 .5em; }\na{text-decoration:none; color:#2a4b87;}\n.meta .head { display: inline-block; overflow: hidden}\n.head .h-thumb { width: 30px; height: 30px; margin: 0; padding: 0; border-radius: 50%; float: left;}\n.head .h-content { margin: 0; padding: 0 0 0 9px; float: left;}\n.head .h-name {font-size: 13px; color: #eee; margin: 0;}\n.head .h-time {font-size: 12.5px; color: #7E829C; margin: 0;}\n.small {font-size: 12.5px; display: inline-block; transform: scale(0.9); -webkit-transform: scale(0.9); transform-origin: left; -webkit-transform-origin: left;}\n.smaller {font-size: 12.5px; display: inline-block; transform: scale(0.8); -webkit-transform: scale(0.8); transform-origin: left; -webkit-transform-origin: left;}\n.bt-text {font-size: 12px;margin: 1.5em 0 0 0}\n.bt-text p {margin: 0}\n</style>\n</head>\n<body>\n<div class=\"wrapper\">\n<header>\n<h2 class=\"title\">\nPeople's Daily: The protection of rights and interests in new employment forms cannot be \"trapped in the system\"\n</h2>\n<h4 class=\"meta\">\n<p class=\"head\">\n<strong class=\"h-name small\">人民日报评论</strong><span class=\"h-time small\">2021-08-20 21:17</span>\n</p>\n</h4>\n</header>\n<article>\n<p>Text/Shen Ruochong</p><p>In recent years, with the rapid development of China's platform economy, the number of workers in new employment forms such as couriers, truck drivers, online car drivers, and food delivery staff has increased significantly. How to effectively protect the legitimate rights and interests of these groups has become a hot spot of social concern. Recently, eight departments jointly issued the \"Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms\", starting with improving the system and mechanism, and making practical and hard measures to solve the problem of rights and interests protection \"trapped in the system\".</p><p>With the promulgation of the \"Opinions\", some people praised the reality of practical moves and the hardness of hard moves. In addition to clarifying that \"platform enterprises should reasonably assume the corresponding responsibilities for safeguarding workers' rights and interests\", it also makes rigid provisions on fair employment, labor remuneration, rest, labor safety, social insurance and other aspects. This is also the most concerned, direct and realistic interest issue of practitioners. For example, aiming at the problem of too long working hours, promote the industry to clarify the labor quota standard; For example, it is clear that enterprises are not allowed to formulate assessment indicators that harm the safety and health of workers, formulate and revise institutional rules and platform algorithms directly related to workers' rights and interests, and fully listen to the opinions and suggestions of trade unions and workers' representatives; For example, aiming at the problem that groups such as takeaway brothers encounter inadequate accident protection, it is planned to carry out a pilot project of occupational injury protection. These policies and regulations bring all-round protection and real dividends to flexible employees, and also draw a \"hard lever\" for related enterprises to carry out business activities.</p><p><img src=\"https://static.tigerbbs.com/0ec86c96abb069439cc4d6729ed7062e\" tg-width=\"520\" tg-height=\"1196\" referrerpolicy=\"no-referrer\">(Figure source network)</p><p>Carrying out source governance with institutional innovation and making rigid regulations from top-level design means that the protection of the rights and interests of workers in the new employment form has entered a higher stage of institutionalization and standardization. For some time, because the labor relations of new formats need to be clearly defined, there are \"blind spots\" in social security, platform supervision is still lacking, and many workers in new employment forms are \"trapped in the system\". Behind this, there are not only the reasons why the employment forms and methods are relatively flexible, which makes it difficult to simply incorporate them into the adjustment of China's current labor laws, but also the reality that the institutional norms can't keep up with the rapid development of new economy, new formats and new models, and there are also problems caused by unclear rights and obligations and incomplete equal status between platform enterprises and workers. Previously, the relevant departments have repeatedly consolidated the responsibility of the platform by interviewing the person in charge, carrying out special rectification, and strengthening supervision, and earnestly safeguarded the rights and interests of workers in the new employment form. Compared with the previous scattered guarantee methods, the opinions issued this time have made great efforts to establish rules and regulations, and made practical measures to fill the shortcomings of the system, which can be said to be more comprehensive, more systematic and more powerful.</p><p>Employment is the greatest livelihood. It is the original intention of formulating policies to do everything possible to safeguard the labor security rights and interests of workers in the new employment form and create a better development environment and occupational environment for them. At present, the new employment form has become an important \"reservoir\" for absorbing employment. According to the data, there are 236 online car-hailing platform enterprises in China, with more than 3.51 million licensed online car-hailing drivers, and the scale of take-out food delivery staff has also been expanding, reaching 7.7 million. Workers in new employment forms have made positive contributions to meeting the diverse needs of the masses and are also an important force in promoting the vigorous development of the digital economy. Effectively safeguarding their rights and interests and solving their worries is the only way to enhance the sense of acquisition, happiness and security of workers in the new employment form. In the long run, by improving the level of rights and interests protection, it can also enhance the attractiveness of occupations and promote the standardized and healthy development of platform economy.</p><p>Policy formulation is only the first step, and the next key is to work hard on implementation. Judging from the requirements put forward in the \"Opinions\", whether it is to liberalize the household registration restrictions for flexible employees to participate in basic old-age insurance at the place of employment, to establish a vocational skills training model suitable for workers with new employment forms, or to speed up the construction of urban comprehensive service outlets to provide working and living convenience for workers with new employment forms, these policies and measures cannot stay on paper and need to be further implemented. From a realistic point of view, safeguarding the protection of labor rights and interests of workers in the new employment form is also a systematic project, which needs to form a joint force of joint management. It is worth noting that at the policy briefing held on the 18th, many departments have clarified detailed plans for the implementation of opinions and come up with specific measures, which are worthy of expectation from all walks of life.</p><p>Of course, in safeguarding the rights and interests of workers in the new employment form, the responsibility of enterprises is indispensable and the first. Now that the policy is very clear, relevant enterprises must carry out business and employment activities in accordance with laws and regulations, and timely adjust and optimize practices that do not meet the requirements. For platform enterprises, it is not the proper practice of conscientious enterprises to pass on business risks and costs to workers and use algorithms and other means to infringe on the legitimate rights and interests of workers, let alone a long-term solution. No matter what stage of development they are in, only by earnestly fulfilling the main responsibility of safeguarding the rights and interests of workers can platform enterprises build their development and growth on a legal, compliant, healthy and orderly track.</p>\n<div class=\"bt-text\">\n\n\n<p> source：<a href=\"https://mp.weixin.qq.com/s/0QWjV0MDN9crv76hd3uOqQ\">人民日报评论</a></p>\n\n\n</div>\n</article>\n</div>\n</body>\n</html>\n","type":0,"thumbnail":"https://static.tigerbbs.com/3d4f566845ca8be6a93019ecc36e0ebc","relate_stocks":{"03690":"美团-W"},"source_url":"https://mp.weixin.qq.com/s/0QWjV0MDN9crv76hd3uOqQ","is_english":false,"share_image_url":"https://static.laohu8.com/e9f99090a1c2ed51c021029395664489","article_id":"1197439227","content_text":"文／沈若冲\n近年来，随着我国平台经济快速发展，快递员、货车司机、网约车司机、外卖送餐员等新就业形态的劳动者数量大幅增加。如何切实保障这部分群体的正当权益，成为社会关注的热点。近日8部门联合印发《关于维护新就业形态劳动者劳动保障权益的指导意见》，从健全制度机制入手，为破解“困在系统里”的权益保障难题出实招、上硬招。\n《意见》出台，有人赞叹实招之实、硬招之硬。除了明确“平台企业应当合理承担维护劳动者权益的相应责任”外，更是在公平就业、劳动报酬、休息、劳动安全、社会保险等方方面面作出刚性规定。这也是从业者最关心、最直接、最现实的利益问题。比如针对工作时间过长的问题，推动行业明确劳动定员定额标准；比如明确企业不得制定损害劳动者安全健康的考核指标，对企业制定修订直接涉及劳动者权益的制度规则和平台算法，要充分听取工会和劳动者代表意见建议；再比如针对外卖小哥等群体遭遇意外事故保障不到位的问题，拟开展职业伤害保障试点。这些政策规定给灵活就业人员带来全方位的保障、实打实的红利，也为相关企业开展经营活动划出了“硬杠杠”。\n（图源网络）\n以制度创新展开源头治理，从顶层设计作出刚性规定，意味着新就业形态劳动者的权益保障迈入了制度化、规范化的更高阶段。一段时间以来，由于新业态劳动关系待明晰界定，社会保障存在“盲区”，平台监管仍有缺失，不少新就业形态劳动者被“困在系统里”。这背后，既有用工形式和就业方式相对灵活，难以简单纳入我国现行劳动法律调整的原因，也有制度规范跟不上新经济新业态新模式快速发展的现实，更有平台企业和劳动者之间权利义务不明确、地位不完全对等带来的问题。此前有关部门多次通过约谈负责人、开展专项整治、强化监督等方式压实平台责任，切实维护新就业形态劳动者权益。相比较之前零散的保障方法，此次出台的意见在建章立制上下功夫，在补齐制度短板上出实招，可以说更加全面、更加系统，也更加有力。\n就业是最大的民生。千方百计维护好新就业形态劳动者劳动保障权益，为他们创造更好的发展环境、职业环境，这是制定政策的初衷。当前，新就业形态已成为吸纳就业的重要“蓄水池”。数据显示，全国共有236家网约车平台企业，取得许可的网约车驾驶员超过351万人，外卖送餐员规模也不断扩大，已经达到770万的规模。新就业形态的劳动者，为满足群众多样化需求做出了积极贡献，也是推动数字经济蓬勃发展的重要力量。切实维护好他们的权益，解决好他们的后顾之忧，这是增强新就业形态劳动者的获得感、幸福感、安全感的必由之举。从长远来看，通过提高权益保障水平，也能增强职业的吸引力，促进平台经济规范健康发展。\n政策制定只是第一步，接下来关键要在落实上下功夫。从《意见》提出的要求来看，无论是放开灵活就业人员在就业地参加基本养老保险的户籍限制，还是建立适合新就业形态劳动者的职业技能培训模式，抑或是加快城市综合服务网点建设，为新就业形态劳动者提供工作生活便利，这些政策举措不能停留在纸面上，需要进一步落实落细落地。从现实来看，维护新就业形态劳动者劳动权益保障也是一个系统工程，需要形成齐抓共管的合力。值得注意的是，在18号举行的政策吹风会上，多个部门已经就贯彻落实意见明确了细化方案，拿出了具体的举措，值得各界期待。\n当然，在维护新就业形态劳动者权益上，企业的责任不能少，也是第一位的。现在政策已经很明确了，相关企业务必依法依规开展经营、用工活动，及时调整优化不符合要求的做法。对于平台企业而言，把经营风险和成本转嫁给劳动者，用算法等手段侵害劳动者正当权益，不是良心企业应有的做法，更不是长久之计。不论处于何种发展阶段，唯有切实履行维护劳动者权益保障的主体责任，平台企业才能将发展壮大建立在合法合规、健康有序的轨道上。","news_type":1,"symbols_score_info":{"03690":0.9}},"isVote":1,"tweetType":1,"viewCount":2088,"commentLimit":10,"likeStatus":false,"favoriteStatus":false,"reportStatus":false,"symbols":[],"verified":2,"subType":0,"readableState":1,"langContent":"EN","currentLanguage":"EN","warmUpFlag":false,"orderFlag":false,"shareable":true,"causeOfNotShareable":"","featuresForAnalytics":[],"commentAndTweetFlag":false,"andRepostAutoSelectedFlag":false,"upFlag":false,"length":4,"xxTargetLangEnum":"ORIG"},"commentList":[],"hasMoreComment":false,"orderType":2}