Measures for protecting workers’ rights and interests in new forms of employment are publicly solicited for opinions

China News Service, Beijing, October 8 (Reporter Xie Yanbing) The Ministry of Human Resources and Social Security of China released the "Measures for the Protection of Workers' Rights and Interests in New Employment Forms (Draft for Comments)" on the 8th, and will solicit public opinions from now until November 8. This is the first time in China that, in the form of regulations, workers with new employment forms that are not fully consistent with the establishment of labor relations when enterprises implement labor management are included in the protection of the labor law system.

The consultation draft adapts to the characteristics of the new employment form, responds to the labor security concerns of workers in the new employment form, clarifies the content of basic labor rights protection, standardizes labor rules and algorithms, regulates enterprise employment forms by category, unblocks channels for resolving labor disputes, and clarifies departmental supervision responsibilities and legal responsibilities for violations of these measures.

There are 54 articles in the draft for comments, which clarify the concepts of new employment forms workers, platform enterprises, and platform employment cooperative enterprises to which the measures apply. Through the definition of relevant concepts, it covers major new employment groups such as online delivery personnel, online car-hailing drivers, online freight drivers, and online anchors. In addition, the responsibilities of government departments, trade unions, enterprise representative organizations and other parties are also clarified.

The draft for comments clarifies basic labor rights. In terms of equal employment rights and interests, companies are required not to set discriminatory conditions for workers in platform employment, and are not allowed to collect property from workers in violation of regulations; in terms of labor remuneration rights and interests, companies are required to formulate reasonable remuneration distribution methods, pay labor remuneration in full and on time, and include new employment forms of workers in the minimum wage guarantee Scope; in terms of rest rights and interests, companies are required to reasonably determine the maximum working hours per day and week; in terms of social insurance rights and interests, it is clear that platform companies should participate in occupational injury protection in accordance with regulations, and if they participate in basic pension and basic medical insurance for employees, the company should bear corresponding social insurance responsibilities in accordance with relevant national regulations.