Author: Sun Jie (Professor of the National Institute of Opening to the Outside World University of International Business and Economics, Member of the Social and Legal Committee of the National Committee of the Chinese People’s Political Consultative Conference)
During the “Thirteenth Five-Year Plan” period, the annual business volume of express delivery in my country increased from 20.67 billion to 83.36 billion, with an average annual growth rate of 32.2%. The volume of parcel delivery exceeds that of developed economies such as the United States, Japan and Europe combined, and contributes more than 50% of the world’s growth. Seven express delivery companies have been restructured and listed one after another, of which the annual business income of three companies has exceeded 100 billion yuan. In the past five years, the express delivery industry has driven more than 1 million new jobs, supported the annual output value of the manufacturing industry to exceed 1.2 trillion yuan, and promoted the sales of industrial products to the countryside and agricultural products into cities for more than 1.5 trillion yuan. A number of important results have been achieved in the three major battles, decisive victory, and the implementation of major national strategies, making positive contributions to opening up the main arteries and unblocking the microcirculation.
The protection of the rights and interests of employees in the new business is facing challenges
Couriers are industrial workers in the new era under the new economic format, and they are a huge employment group accompanied by new formats such as e-commerce. The express industry is developing rapidly, and the scale of absorbing labor is getting larger and larger, but the protection of the rights and interests of employees in the express industry is facing challenges.
On the one hand, the nature of employment needs to be clearly defined. Under the new business model, the dependence and subordination of “people” to “organization” is gradually weakening. People have found that this flexible working method has brought difficulties to the definition of labor relations, and it is even difficult to identify them as labor relations in the traditional sense, so that employees of new business types are separated from the protection of labor law. At the same time, under the new business model, the platform exists in a virtualized manner, and employees directly have economic relations with consumers. Once disputes and contradictions in economics and services occur, it is difficult to confirm the responsibilities of all parties.
On the other hand, labor rights need to be protected. Since most of the employees of the new business format are not restricted by the labor law on working hours, working locations, working conditions, etc., the platform does not bear the due employer responsibilities for the employees, which leads to insufficient protection of the rights and interests of the employees, and there is no contract Written labor contracts, non-payment of social insurance, etc., it is difficult to defend rights when rights and interests disputes occur. In particular, when a courier has a work-related accident, it is generally only possible to use commercial insurance or private negotiation to solve the compensation problem.
At the same time, government supervision must be put in place urgently. Due to the fact that new business forms of labor and employment are facing the reality that existing supervision methods are “unavailable”, industry management is not standardized. The express industry has low entry barriers, limited space for career advancement, and low professional reputation, which is not sufficiently attractive to most people, resulting in unstable workforce and relatively high mobility. At the same time, it is common for the platform to impose penalties on couriers. Driven by economic interests, employees must compete every second in order to improve the efficiency of receiving and delivering goods. They often ignore the most basic road traffic safety requirements, running red lights, driving backwards, speeding, and speeding at will. Occupying motor lanes and making calls to and from mobile phones during cycling have caused frequent traffic accidents.
We should guide and standardize in development, and gradually establish a new era and new employment form institutional system
The flexible employment platform based on express delivery personnel is an economic phenomenon formed by the development of the digital economy under the promotion of market mechanisms. It should be guided and standardized during development, and innovative policies should be formulated to gradually establish a new era and new employment system system.
First, speed up the formulation of laws and regulations governing the express delivery industry. As the express delivery industry is a new form of the Internet, the working methods are more autonomous, and the characteristics of flexible, flexible, and diversified labor relations are obvious. It is recommended that the national level promote the introduction of relevant laws and regulations to regulate the express delivery industry based on the current development of the express delivery industry. , Regulate the business behavior and employment model of the express delivery industry, impose legal restrictions on the registration management of couriers and the qualifications of express franchise entities, and clearly stipulate labor when the operating entities adopt other forms such as subcontracting, subcontracting, and contracting. The responsibility of the main body of rights protection, effectively protecting the labor rights of couriers.
Second, improve the social insurance system. Social insurance is a safety net for maintaining social stability and a booster for economic development. The core of safeguarding the legitimate rights and interests of workers in the new business is to safeguard the social security rights and interests of workers. To implement the main social security responsibilities of express delivery and other new business enterprises, for non-labor relations workers, consider using the tax settlement system, and the platform companies will pay social insurance for the workers on a bill-by-order basis. Efforts should be made to include most workers in the social security system, and to build a multi-level social security system that covers the whole people, coordinates urban and rural areas, and is fair, unified, and sustainable.
Third, strengthen the supervision of platform employment. It is necessary to promote the establishment of a new business format big data analysis and monitoring system, accelerate the construction of a digital and informatized monitoring and statistics platform, strengthen the statistical monitoring of new employment forms, grasp the employment information of the new business form service industry in real time, and strengthen the platform’s access rules, format contracts, and labor employment. Supervision of other issues, real-time monitoring and regular analysis of the business behavior and employment situation of new business forms of service industries, and establish and improve the early warning mechanism of new business forms of labor and employment risks.
Fourth, use platform methods, Internet thinking, and blockchain technology to strengthen the protection of platform practitioners’ social security rights and promote co-governance and sharing. With the Ministry of Human Resources and Social Security as the lead department, and other related departments as the main body on the chain, it releases policies, shares and stores platform enterprise business operations and real-time employment information; platform companies also act as relevant entities on the chain to release enterprise business and employment information in real time. Platform companies and workers are compulsory to participate in insurance, pay by bill, and directly use the amount of orders as the payment base, and withhold and pay social insurance by the platform in accordance with a certain percentage (such as 3 yuan to 5 yuan per day, or 1% of the unit price, etc.) Fee. Compared with the current system, the main adjustments are the payment form and application conditions, with the least changes and the strongest operability.
Fifth, with regard to the promotion of the flexible employment protection mechanism, platform companies cooperate with local governments to try first, and take the lead in establishing a new employment security system with Chinese characteristics in local areas, and allow flexible employment on the premise of removing the household registration threshold for flexible employment insurance. People pay insurance at the place of employment, and tailor the payment base and payment ratio for each group according to the income level of the industry.
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责编：刘梦甜 ]
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