China News Service, Shenyang, September 11 (Li Jun) Reception consultation, mediation and arbitration, legal aid... The rights protection problems faced by workers such as takeaway riders, couriers, and online ride-hailing drivers. At the Labor Rights and Interests Protection Center of New Employment Forms in Shenyang Huanggu District, open a door and you will find a rights protection channel that connects mediation, arbitration, and litigation.
Efficient work cannot allow labor rights and interests to flow into the "vacuum" of protection
Takeaway riders shuttle through the streets and alleys to deliver food, couriers race against time to deliver goods, and online ride-hailing drivers travel day and night... Workers in new industries bring convenience to people's lives, but their own rights and interests may be "dangling" in the complex employment relationship of the platform.
Workers in the new employment form mainly rely on Internet platforms for employment, and their working hours, places and income are often not fixed. Some platforms use outsourcing, subcontracting and other methods to organize employment. Once disputes such as wage arrears and work-related injuries occur, "who is responsible" and "how to prove the labor relationship" may become difficult problems. Dispatch records, income statements and communication information are mostly left on the platform, making it difficult for workers to retrieve them, which also increases the difficulty of providing evidence.
"The demands of workers in the new employment form mainly focus on labor remuneration and work-related injury benefits." Zhang Bing, a staff member of the Labor Rights and Interests Protection Center for New Employment Formation workers, said that this type of workers are usually paid on a per-unit basis, and if they work less for a day, they may lose an income. Some workers want to safeguard their rights, but are also worried that they “can’t afford it.”
Integrated protection makes rights protection “accessible”
On May 16, 2022, Shenyang Huanggu District established an integrated labor rights and interests protection center for new employment forms that is now operational. The Labor Union People’s Mediation Center, Labor Arbitration Tribunal, Labor Dispute Circuit Court and other forces are stationed in the center to integrate mediation, arbitration, judicial litigation and legal aid on the same platform.
The picture shows the integrated labor rights and interests protection center for new employment forms in Huanggu District, Shenyang City. Photo by China News Service reporter Li Jun
“Workers can handle various matters related to rights protection when they walk through the door.” Zhang Bing said that after the case is accepted, administrative mediation or people’s mediation will be conducted first. If the mediation is successful and the two parties reach an agreement, they can apply for judicial confirmation; if the mediation fails, they will be transferred to arbitration or litigation procedures through the internal "green channel" and electronic file transfer to achieve efficient docking within the guarantee center.
In a previous case, Mr. Liu, a takeaway rider, encountered a traffic accident during delivery and was diagnosed with a ninth-level disability. The platform outsourcing company once refused to compensate. The guarantee center launched a fast track, assigned legal aid lawyers, and coordinated the labor union to carry out rescue. In the end, the two parties reached a work-related injury compensation agreement of 410,000 yuan, and the first payment was received within a week.
In another courier delivery fee dispute, the security center simultaneously transferred the case materials to the arbitration institution and the circuit court for preliminary hearing through internal electronic transfer. It only took 38 days from the filing of the case for arbitration to the court's first-instance judgment taking effect.
According to reports, the security center has accepted 421 dispute cases and helped workers recover remuneration and compensation of 5.502 million yuan. 85% of the cases were resolved through trade union mediation and human resources and social arbitration, and some cases were concluded within 3 to 7 days.
Untie the "dharma knots" in front of you and heal the "knots in your heart"
The dispute is resolved, but what should I do if I lose my job? While handling the case, the Security Center discovered that some workers still face pressure to re-employ after safeguarding their rights. To this end, the Guarantee Center has introduced the "Comfortable Employment" self-service platform, where workers can check the real-time updated recruitment positions in Shenyang City and connect with employment needs.
"After settling their disputes here, some workers checked their positions through the system and contacted the employer, and achieved re-employment," Zhang Bing said.
The center has also launched a comprehensive service package that includes 13 items including employment assistance and skills training, and established a tracking and care mechanism after cases are settled, extending services from resolving labor disputes to helping workers re-employ.
The new employment form workers’ labor rights and interests protection center not only brings smooth channels for rights protection, but also guarantees workers’ peace of mind in life. Protecting workers every time they are busy and giving them less worries is the warm answer given by "this door". (over)
