The platform side should assume greater responsibilities. During this period, Meituan was caught in an anti-monopoly investigation, and the employment of its distributors once again caused controversy. According to the insiders, there are three kinds of cooperative relationships between the take-away platform and the delivery staff. One is to send riders exclusively, which is signed with the platform and the platform also provides corresponding welfare protection, and the other is to outsource riders, who are signed with a third-party labor service company and have no employment relationship with the platform, and these labor service companies basically will not buy five insurances and one gold for the delivery staff. Finally, there is the crowdsourcing rider, who does not sign a contract with anyone and delivers in a part-time way.
At present, the largest number of take-away delivery staff are outsourced riders. Although these riders have to deliver according to the official requirements of the US Mission, they have not signed any employment agreement with the platform. Once an accident occurs, they can only rely on the three yuan insurance they bought. However, this kind of insurance has limited compensation ability and cannot be effectively guaranteed. Therefore, many people accuse Meituan of the development of this platform economy, which has squeezed the living space of working people.
but in fact, similar things have appeared on many internet platforms, such as online car drivers, live broadcast platforms, express delivery companies, etc. The cooperative relationship between these platform-based enterprises and their employees has been unstable, and many service personnel are not guaranteed at all.
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According to Wang Tianyu, at the level of general law, China has established social relations with labor as the target? Independent labor-subordinate labor? The dual legislative framework of. Among them, the civil law regulates independent labor and the labor law regulates subordinate labor. For crowdsourcing labor service providers, it does not belong to the adjustment scope of labor law, but once something goes wrong, civil law can not meet their rights and interests protection needs.
then, can the new employment form workers be directly included in the adjustment scope of the current labor security law? The Ministry of Human Resources and Social Security has publicly stated that this move? Significantly increasing the responsibility of platform enterprises is not conducive to the development of new economy and new formats? .