Recently, the General Administration of Market Supervision, the State Internet Information Office, the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Human Resources and Social Security, the Ministry of Commerce, the All-China Federation of Trade Unions jointly issued the "on the implementation of the responsibility of the network catering platform to effectively safeguard the rights and interests of takeaway food delivery workers", the protection of the legitimate rights and interests of takeaway food delivery workers to put forward a full range of requirements. In terms of safeguarding labor income, the platform is required to establish an income distribution mechanism that matches the work task and labor intensity, and ensure that the normal labor income of takeaway delivery workers is not lower than the local minimum wage standard. The company's main objective is to ensure that the company's products and services are delivered in a timely manner, and that the company's products and services are delivered in a timely manner, and that the company's products and services are delivered in a timely manner.
In this regard, the United States Mission responded to the Beijing News shell financial reporter said, has received and seriously study the "on the implementation of the responsibility of the network catering platform to effectively safeguard the rights and interests of takeaway delivery workers of the guiding opinions". Previously, the company actively cooperated with the relevant government departments to carry out several rounds of field research and seminars, and took the initiative to report and communicate the relevant situation. We have always been committed to operating in compliance with the law and endeavoring to protect the legitimate rights and interests of platform-related entities, including riders. The guidance will play an important role in promoting the healthy development of the industry as a whole.
With the rise of the Internet era, crowdsourcing platforms have emerged. On the one hand, flexible employment, on the other hand, there is no " five insurance and one gold " , the development of crowdsourcing platforms has also been discussed so far. In the new era, flexible employment impacts the original labor relations identified, the employment platform should be responsible for what? Crowdsourcing riders need to how to protect their rights? How should we standardize the development of the flexible labor field?
Helmet Printed Meituan, Tunic Printed Hungry Mall
They are the crowdsourced riders who are "flexible in their employment"
At 12 o'clock on January 8, Li Bing wore a helmet with Meituan logo on it, which was a great help to him. Li Bing, wearing a helmet with the Meituan logo and a blue shirt with HungryMan on it, knocked on the door of a home in Daxing, Beijing, and said, "Your meal is here ".
" No one cares about crowdsourcing, so it's just a matter of what time you go to work. " Just now was Li Bing's 10th order of the day.
At 0:35 on January 9, the temperature in Beijing was minus 9 degrees Celsius, and Xue Yang, a 32-year-old deliveryman, was grabbing a single order from a restaurant on Youth Road. Xue Yang at the same time to take Meituan crowdsourcing and hungry crowdsourcing two platforms single. The reason why he chose the crowdsourcing model instead of full-time, he said it is mainly for the sake of freedom and not be constrained.
Within an hour, six of the seven orders were sent out smoothly, and one was returned, and he calculated that the total **** earned more than 60 yuan. 1:40 or so, Xue Yang sent a message that this will be another three orders.
Li Bing and Xue Yang are part of the crowdsourcing army. The crowdsourcing model refers to a company or organization that outsources work tasks that used to be performed by employees to non-specific people in a free and voluntary manner. Taking the user agreement of the Hummingbird platform as an example, Hummingbird will sign a user agreement with a user before the user registers as a crowdsourcing rider.
Xiaotian has also been in the takeout industry for many years, and is now in charge of a takeout site in Wuhan. He introduced the current takeout platform dedicated riders and crowdsourcing riders accounted for basically 6:4 , " crowdsourcing riders mobility is very large, because there is no one to restrict him to run a single every day, to run how long. It's one of those things that you can get on whenever you want to and not whenever you want to. "
The mobility is related to the low threshold of entry. The small day, the applicant as long as there is no criminal record, have a health certificate, download a hummingbird crowdsourcing APP , registered to pay 99 yuan or 199 yuan deposit can begin to receive orders. " The order mode is not a systematic assignment, rely on the single system; occasionally there will be assigned single, the number of assigned single, with the amount of money paid in deposits, running a single length of time related to (run the longer the run single level higher). Running single commission is not fixed, the closer the single the cheaper. You can also use it to help you get the most out of your work. "
Crowdsourcing rider platform draws low, Xiaotian introduced, " Special delivery has the guarantee of the quality of delivery services, delivery of any problem in the delivery site to bear, but the platform draws high. The crowdsourced riders have a large distribution range, but there is no distribution service quality assurance, the platform draw a little lower, probably 17% around.
At the same time, there's more flexibility. " The order came, after the call single, crowdsourcing riders can choose to take the order or not take the order, there will be an order, the merchant has been out of the meal, but there is no rider to take the order, resulting in the cancellation of the order, the merchant meal to do in vain. In addition, crowdsourcing riders run single, timeout will deduct money, complaints will deduct money, but bad reviews, do not deduct money. " Xiaotian said.
Li Bing also said that crowdsourcing is more free, but there are also delivery workers are dedicated, " dedicated to the station manager tube, all day long to manage your meetings and what we crowdsourcing will not be necessary, but the people dedicated to the wage will be correspondingly higher "
These are the most important things that you need to know about crowdsourcing.
These are the first time I've ever seen a brand-new product on the market, and I'm sure it's a good one.
Internet economy has given rise to crowdsourcing mode
Many legal disputes, labor relations are difficult to identify
Takeaway, flash delivery, city delivery and other services closely related to the public's life are instant logistics. The logistics expert, Zhao Xiaomin, said that the common logistics fulfillment model of the current instant delivery platform includes subcontracting, special delivery, crowdsourcing, etc., but the crowdsourcing model accounts for more than seven percent of the total, and the future will remain the mainstream.
The Blue Book "China Flexible Labor Development Report ( 2021 )" released by the School of Labor and Human Resources of the University of the People, People's Republic of China, and the Social Science Literature Publishing House, shows that the proportion of enterprises adopting flexible labor will increase by more than 11% year-on-year in 2020 , to reach 20% in 2021. , to 55.68%; more than three-quarters of companies are using flexible labor primarily for " lower labor costs" motives.
" Basically, in areas that require a large workforce, you can see the crowdsourcing model. Without crowdsourcing, industries such as takeout could not develop so quickly, and a platform would have to go out and recruit millions of people, and also conduct management training, which would require a large amount of manpower and financial investment, but by partnering with a third-party outsourcing company of this kind, the platform would have a relatively easier workload. The workload of the platform is relatively easy. " Internet observer Ding Daoshi said.
At present, the Internet company Meituan, hungry, and many other platforms are using the crowdsourcing model. Zhao Xiaomin said that the advantages of the crowdsourcing model are obvious, the use of social idle resources, reduce costs, the platform to summarize the transaction is highly effective, fee diversification, submit the volume. On the other hand, the stability of order distribution will be challenged, legal disputes are common, and will also face some moral criticism.
The sudden death of the takeaway operator triggered a controversy, the takeaway platform in the end with the crowdsourcing delivery workers have no labor relations, should be large compensation has become the focus of public attention. The new Beijing News shell financial reporter access to the Hummingbird user agreement, the agreement shows, " Hummingbird crowdsourcing only to provide information aggregation services, you and Hummingbird crowdsourcing does not exist in any form of labor / employment relationship " " . .
Prof. Xue Jun, vice dean of Peking University Law School, said that there is no problem with the legality of the crowdsourcing model, which is now a new form of business. But now there is a big problem in the law or policy, that is, this new mode of industry practitioners, their social security system how to build? Takeaway workers may not have a fixed single subordinate relationship, so there is a difference with the ordinary labor relations, but there is a difference does not mean that they should not be protected.
Guangdong Legal Shengbang Law Firm lawyer Zhang Jianping said that the three criteria for determining the labor relationship, that is, the main body, subordination, the labor provided is part of the business. If the takeaway distributor and the platform exists to meet the above attributes that the establishment of labor relations. If the platform does not exist with the deliveryman labor relationship, the platform can not be subject to labor law, this is a legal issue, about whether it is reasonable as well as ethical judgments are in the eye of the beholder.
Ding Xiaodong, associate professor at the School of Law of Renmin University of China, said that in terms of labor law or workers' rights and interests, the first impact brought by the zero-work economy is the identification of labor relations. As we all know, in China, the identification of labor relations and labor relations has a series of different consequences in law. If the relationship in the casual economy is recognized as a labor relationship, the employer must assume many mandatory obligations under the law, for example, the wages paid by the employer to the workers must be higher than or equal to the local minimum wage as stipulated by the government; the working hours of the workers must not exceed the legal hours; and the rights and interests of special groups, such as females, are mandatorily protected by the relevant laws, and so on. If it is a labor relationship, then basically do not have to bear the corresponding responsibility.
But Ding also said that more and more courts around the world have produced a new **** knowledge, that is, it does not have to be recognized as a labor relationship, and then only to determine the platform has the responsibility, " Even if it is not a labor relationship, does not mean that the platform does not have to assume responsibility, especially involving personal safety
It's a good thing that the platform is not in a labor relationship, because it's not a labor relationship.
" The platform should at least have to bear the minimum obligation of safety and security is not only the labor law, in tort law and many of our country's related laws have mentioned, this is a very important principle " , Ding Xiaodong believes that you can not say that because it is a crowdsourced delivery person, the platform can be exempted from liability.
Beijing Kanda Law Firm lawyer Han Snapdragon, in recent years, takeaway riders caused damage to the tort cases, takeaway riders work injury and death of labor dispute cases are not uncommon, but the courts around the identification of labor relations, labor relations does not appear to be a clear tendency, which may be related to the platform company, distribution companies of different takeaway riders of the actual management of the way to pay the way of remuneration This may be related to the platform company, delivery company of different takeaway riders actual management, pay the difference between the different cases, resulting in differences in the determination of different cases.
Crowd-sourced riders "can only solve anything by themselves"
Deducted 3 yuan of insurance premiums per day, but do not know what is included
January 8, the Beijing News shell financial reporter interviewed more than 10 takeaway riders. More than 10 takeaway workers, about more than half of the takeaway workers said they had heard of the sudden death of peers, many takeaway workers said that this is "very inhumane". A full-time deliveryman said "2000 dollars a little too that".
One of the crowdsourced delivery workers said after hearing about the incident, "It's all about the employees until something happens, and then it doesn't matter." There is also a medicine deliveryman said "crowdsourcing, part-time, what kind of all, but this is certainly the responsibility of the platform."
It is understood that the crowdsourcing rider's income is mainly by running a single commission, plus distance subsidies, time subsidies (snacks, breakfast), bad weather subsidies and other components. Li Bing introduced, the summer average earned 4.5 yuan delivery fee per single, the winter average earned 8 yuan delivery fee per single.
Crowdsourcing riders do not have five insurance and one gold, did not sign any labor contract. Anything that happens can only be solved by yourself, including but not limited to: the vehicle is broken on the way to delivery, you can solve it yourself, you can go through the insurance process by yourself in a traffic accident, and you can solve all kinds of problems for your business customers. "
Talking about insurance, the new Beijing News shell financial reporter found that a number of takeaway workers do not understand what their own insurance includes, for the claims situation is not understood. They also revealed that the 3 yuan of insurance premiums they pay every day is their " only protection ", "" , "" , "" .
We don't have insurance like that, but we do have accident insurance, which is a few dollars a day " .
At the same time, most of the delivery workers interviewed weren't quite sure what specific coverage they were paying for. One full-time deliveryman said that a few dozen dollars are deducted from his paycheck every month for accident insurance. But he also said, "I don't know what all this insurance is for." Another part-time deliveryman said that the daily deduction of 3 dollars of insurance, but for the things that can be covered "did not look too carefully", most other people said "did not report, do not know."
Xue Yang's understanding of this insurance is mainly to protect against accidents, "whether it is someone else touched you, or you touched someone else, are considered accidents, are in this coverage." But at the same time, he also believes that the role of this insurance is not great, because "the maximum amount of coverage seems to be only 60,000", the specifics of which he said he did not understand.
Not long after doing crowdsourcing, Xue Yang in his family suggested that they buy other accident insurance and medical insurance, "the platform rules are more, sometimes they play the word game, we are illiterate, you can not play with them, it is better to have a personal insurance."
A full-time part-time deliveryman said, "It's just that if something happens, you can't find anyone." The three dollars a day deducted from the insurance premiums to cover what exactly, he said he was not too clear.
Wang Haiyi (a pseudonym), a crowdsourced delivery worker who also works part-time on two platforms, Hungry Mansions and Meituan Takeout, said, " Every day on the line, you'll be deducted 3 yuan, and if I work on both at the same time, I'll be deducted 6 yuan per day. . Wang Haiyi said, do not know 3 yuan deductions include what, just the platform will be deducted every day, and currently there is no need to claim the situation.
" Specialized delivery riders are currently insured for about 120 yuan per month, with claims up to 1 million. Crowdsourced riders are insured for 1 day at 3 dollars per day, which is deducted from the commission on the first order. The crowdsourcing rider really does not have a labor relationship with the platform, the insurance process is very cumbersome, if the crowdsourcing rider will not go through the insurance process, the accident is basically a waste.
"1 yuan of commercial insurance, claims amounting to a maximum of 100 million, which insurance companies will go to pick up? " Xiaotian asked rhetorically, the daily payment of 3 yuan insurance by the deliveryman, all to the insurance company side, there is no money to be deducted as a service charge.
When asked about the views of the sudden death of the deliveryman in the takeaway, Wang Haiyi smiled at the reporter and teased, " It's very normal, I didn't think about using the insurance situation, while I was young, it doesn't matter ", and then rode his own The first thing you need to do is to get your hands on a motorized vehicle and rush to deliver the next order of takeout.
January 8, for the takeout workers were deducted 3 yuan a day premium, hungry in the announcement responded that, in the current crowdsourcing service contract, crowdsourcing riders will pay 3 yuan a day before running a single service fee, collected on behalf of the hungry platform, the hungry platform will then pay a portion of the fee, *** with the same given to the rider served by the human resources business, entrusted to the crowdsourcing riders to provide labor management and safety and security services, in which it is agreed that the human resources business for the rider to take out accident insurance.
"Riders should actively protect their rights and interests through judicial means"
"Calling on large companies and platforms to introduce third-party insurance"
"Calling on large companies and platforms to introduce third-party insurance"
Beijing Kangda Law Firm lawyer Han Snapdragon that, from the formal point of view, the legality of the crowdsourcing model does not seem to have a problem, the platform as an independent legal person has the right to independently decide whether to sign agreements with other legal persons will be part of the business entrusted to other enterprises to operate, and the distribution company also has the right to independently sign the agreement and determine the content of the agreement within the scope of the lawful, etc.. If the contracts of the parties under the crowdsourcing model are not invalid, revocable, etc., they should be considered to be legally established and valid.
" Then in the crowdsourcing mode of the various contracts are legal and effective, the crowdsourcing model of the legitimacy of the law should be affirmed, due to the existence of the legitimacy of the platform should be considered to be whether the company has to evade the responsibility of the employer's suspicion of this kind of question is too ambiguous, can not be directly for the law. The answer to this question is that the platform company is too ambiguous to be answered directly on a legal level. Han Snap said.
" In the current situation, takeaway riders in the process of protecting their own rights, encountering the determination of labor relations, the determination of the problem of labor relations, or should be actively through arbitration, litigation and other means to require the judicial organs to review, can prove that constitute a labor relationship, can be based on the labor law, the relevant provisions of the protection of their rights. The relevant provisions of the protection of their rights and interests. " Han Snap suggests.
" Leaving aside safety and labor contracts, the crowdsourcing model facilitates users to receive faster delivery of products, which is worth encouraging. However, the current health care and labor system for this group is still not enough, and needs to be worked on by all parties. " Internet observer Ding Daoshi believes that the crowdsourcing model of employees do not have five insurance and one gold and other protection, the Internet platform will not pay attention to the health of this group of people, once something happens with the Internet platform also has no relationship.
Zhao Xiaomin said, at present, in the crowdsourcing model of protection, there is indeed a lot of room for improvement, but due to the rapid development in the past, in order to encourage the development of ah the whole platform, the regulation adopted is flexible, prudent principles. Nowadays, in the case of the platforms are getting bigger and bigger, the subsequent protection of employees need to keep up. Calls for large platforms, large companies, can take the lead to make an example, such as the introduction of third-party insurance.
" The fragmentation of labor will also bring the problem of growth to the workers, the workers may have more job opportunities or more opportunities to jump ship, the time to dominate the flexibility of a higher degree, but if the laborer is a piece of odd jobs, do not carry out a systematic learning, no transformation and upgrading of labor skills, may be for the workers' own growth. For the overall transformation and upgrading of China's labor force capacity may also be a great challenge. " said Ding Xiaodong, an associate professor at the Law School of Renmin University of China.
As an industry veteran for many years, Xiaotian believes that crowdsourcing is a product that does not fit the development of the takeout industry. Nearly a year, crowdsourcing days are becoming more and more difficult to do, because the dedicated delivery has a delivery quality assurance, a single dedicated delivery staff sufficient, will be the region of the crowdsourcing orders forced to cut into dedicated orders.
"Crowdsourcing mode belongs to the takeaway industry rapid development in the legacy of the problem, in the development of the same time, the staff can not keep up with the trend of single-volume growth. Because of the takeout platform side, almost every year to reduce the unit price of dedicated delivery, resulting in a decline in the unit price of the rider, the rider went to run crowdsourcing." Xiaotian said, the only way to change the takeaway platform side to improve the pricing of the special delivery, the rider price is in place, the single volume is stable, no one to do crowdsourcing.
New Beijing News shell financial reporter Chen Weicheng Cheng Zijiao intern reporter Sun Wenxuan intern Lin Mengxue
Edited by Xu Chao Proofreading Wu Xingfa