Shanghai has introduced policies to protect the rights and interests of workers in new forms of employment

2022-04-23 0 By

PRC Shanghai February 14 (xinhua GeJunJun) recently, the Shanghai people club bureau, the National Development and Reform Commission, trade unions and other eight departments jointly issued “on the implementation of the rights and interests of new employment form laborer labor security opinions” (hereinafter referred to as the “implementation opinion”), focusing on Shanghai new employment form laborer labor rights protection problems, aims to clear the responsibility of laborer’s rights and interests,We will strengthen weak links in protecting workers’ rights and interests, improve services for protecting workers’ rights and interests, and improve the working mechanism for protecting workers’ rights and interests.In recent years, with the rapid development of platform economy, new employment forms have become an important way for workers to get employment, especially flexible employment.As the employment form of the platform and the employment mode of the workers in the new employment form are relatively flexible, it is difficult to be simply incorporated into China’s current labor law for adjustment, and the protection of the rights and interests of the workers faces new situations and new problems.In July 2021, the Ministry of Human Resources and Social Security and other eight departments formulated the Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers with New Forms of Employment, putting forward comprehensive requirements for the protection of labor rights and interests of workers with new forms of employment.According to the requirements of the state documents, the implementation Opinions of this time give consideration to the development of the industry and the protection of workers’ rights and interests, focus on the key issues facing the protection of the rights and interests of workers in new employment forms, and put forward specific requirements for safeguarding the labor security rights and interests of workers in new employment forms from four aspects.The guidelines call for clarifying the responsibility for protecting workers’ rights and interests.Enterprises employ workers in accordance with laws and regulations, actively fulfill the main responsibilities of employment, and assume corresponding responsibilities for the protection of the rights and interests of workers in new forms of employment that conform to the situation of labor relations or do not completely conform to the situation of establishing labor relations, but enterprises conduct labor management on workers.If a platform enterprise adopts labor dispatch, outsourcing or other cooperative employment methods, it and the cooperative enterprise shall assume their respective employment responsibilities according to law.Enterprises employing workers in the name of non-labor relations, but conforming to the characteristics of labor relations, shall bear corresponding responsibilities according to law.Focusing on the prominent problems faced by the protection of the rights and interests of workers in new forms of business, the Guidelines improve the system of fair employment, labor remuneration, rest, labor safety and social insurance for workers in new forms of employment that are in line with, but not entirely in line with, the establishment of labor relations.It is clear that the pilot program of occupational injury protection for flexible employment personnel in Shanghai will be carried out with the focus on relevant platform enterprises, requiring platforms to optimize algorithm principles, forbidding platforms to take the strictest algorithm as assessment requirements, and containing the practice of “replacing management with punishment”.Aiming at the problems and shortcomings in public services such as labor security for workers in new forms of employment, the Implementation Guidelines put forward measures to improve the employment service system, optimize the handling of social insurance, strengthen vocational skills training, and improve working and living conditions.The implementation opinions requires district departments coordination to promote new forms of employment work of laborer’s rights and interests, make policy propaganda, give play to the role of trade union organizations on behalf of, strengthen the union worker service and security to the new form of employment, effective mediation disputes according to law, intensify supervision, timely to investigate and punish the illegal ACTS, to safeguard the new employment form legitimate rights and interests of workers.