Opinions on Strengthening the Protection of the Rights and Interests of Employees in New Transportation Business Type

Opinions on Strengthening the Protection of the Rights and Interests of Employees in New Transportation Business Type

Jiaoyinfa [2021] No. 122

In order to thoroughly implement the decisions and deployments of the Party Central Committee and the State Council, strengthen the protection of the rights and interests of employees in new transportation formats, promote the standardized, healthy, sustainable and high-quality development of new transportation formats, and better serve the people, the following opinions are put forward.

General 1. requirements

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, Fourth, Fifth, and Sixth Plenary Sessions of the 19th Central Committee, adhere to the general tone of the work of seeking progress while maintaining stability, based on the new development stage, Complete, accurate and comprehensive implementation of the new development concept, serve and build a new development pattern, adhere to the people-centered development concept, adhere to the system concept, closely focus on solving the most direct and realistic rights and interests protection issues that employees of new transportation formats are most concerned about, pay attention to both symptoms and root causes, improve the governance system, focus on standardizing the business behavior of new transportation formats, maintain fair competition market order, and improve the protection of the rights and interests of employees System, create a good employment environment, make every effort to safeguard the legitimate rights and interests of employees, and promote the standardized, healthy, sustainable and high-quality development of new transportation formats.

2. main tasks

(I) improve the platform and the benefit distribution mechanism of employees. Relevant departments all over the country shall urge the online taxi booking (hereinafter referred to as online taxi booking) platform enterprises to announce the pricing rules and income distribution rules to drivers, passengers and other relevant parties. After each order is completed, the total amount paid by passengers and the driver's labor remuneration shall be listed at the driver's end at the same time, and the proportion of the total amount paid by passengers minus the driver's labor remuneration to the total amount paid by passengers (commonly known as "drawing") shall be shown, guarantee the driver's right to know and supervise. Supervise and urge the online car-hailing platform enterprises to strengthen communication and consultation with the trade union organizations and trade associations where the service is operated, reasonably set the upper limit of the proportion and publish it publicly on the mobile client and the media. Supervise and urge online car-hailing platform companies to publicly solicit the opinions of employee representatives, trade union organizations, and industry associations before determining and adjusting business strategies such as pricing rules and income distribution rules, and announce them to the public one month in advance.

(II) support employees to participate in social insurance. Improve social insurance handling services and improve the convenience of services for employees of new forms of transportation to participate in insurance and enjoy benefits. Strengthen the occupational injury protection of online car-hailing drivers, encourage online car-hailing platform enterprises to actively participate in the pilot of occupational injury protection, and provide protection for the labor safety of online car-hailing drivers during online service. Supervise and urge online car-hailing platform enterprises to participate in social insurance for online car-hailing drivers who meet the labor relationship situation in accordance with the law, and guide and support online car-hailing drivers who do not fully meet the established labor relationship situation to participate in corresponding social insurance.

(III) guarantee employees reasonable labor remuneration. Relevant industry authorities, trade union organizations, industry associations, etc. should continue to pay attention to the operation of the industry and the labor remuneration level of online car-hailing drivers, and publicly release them in due course to guide drivers to form reasonable income expectations. Trade union organizations at all levels shall, in accordance with the nature of work, labor intensity, work tasks, average wages of local employees, market operating conditions and other factors, negotiate with online car-hailing platform companies and industry associations to determine the rules and standards for the calculation of drivers' labor remuneration and announce them to the public. Supervise and urge the online car-hailing platform enterprises to pay the online car-hailing drivers who provide normal labor not less than the local minimum wage standard.

(IV) ensure that employees get a reasonable rest. Relevant departments in various regions should urge online car-hailing platform companies to scientifically determine the working hours and labor intensity of drivers to ensure that they have enough rest time. Supervise and urge the network car platform enterprises to continuously optimize the dispatch mechanism, improve the operational efficiency during the online service of vehicles, and not to lure drivers to work overtime by means of order-punching rewards.

(V) improve the working environment and working conditions. Relevant departments in various localities should optimize the approval process to facilitate the licensing of online car-hailing platform enterprises, vehicles and drivers that meet the access conditions. Actively promote the construction of comprehensive taxi service areas, set up temporary taxi stops in hospitals, residential areas, important commercial areas, comprehensive transportation hubs and other places, allow cruise taxis and online car-hailing to stop temporarily, and solve taxi drivers "Difficulty in dining, parking, and going to the toilet" and other issues. Supervise and urge the online car-booking platform enterprises to strengthen the education and training of employees' vocational skills, labor safety and operation services; Strengthen the management of employment cooperation units, and shall not transfer business risks with high risk of mortgage and margin, shall not link driver service scores with service duration, dispatch mechanism, etc., and shall not hinder drivers from freely choosing service platforms in disguised violation of laws.

(VI) strengthen the humanistic care for practitioners. Relevant departments in various localities should pay close attention to the difficulties and problems encountered by employees of new transportation formats in their work and life, and extensively carry out various forms of caring and caring activities such as sending warmth. Encourage new transportation enterprises to strengthen the humanistic care for employees, establish a reward system for outstanding employees, and enhance the sense of belonging and professional honor of employees.

(VII) promote the compliance development of online car platform enterprises. Local transportation authorities must urge online car-hailing platform companies to strictly abide by laws and regulations, and must not access drivers and vehicles that have not obtained online car-hailing permits. Supervise and urge online car-hailing platform enterprises to provide online car-hailing driver and vehicle license certificates when drivers and vehicles are newly registered, refuse to register those that cannot be provided, and remind them to apply for corresponding licenses in accordance with laws and regulations. We will crack down on illegal operations and encourage the use of information technology to strengthen precise law enforcement.

(VIII) maintain fair competition market order. We will strengthen the supervision of the whole chain of enterprises in the new forms of transportation before and after the event, strengthen the monitoring of the operation of new forms of transportation, give timely warning of monopoly risks, and strengthen the supervision and enforcement of anti-monopoly and anti-unfair competition. To prevent the disorderly expansion of capital in the field of new forms of transportation, and to strictly investigate and punish illegal acts such as low-price dumping, "big data killing" and induced fraud in accordance with the law. We will implement the main responsibility of enterprises in new forms of transportation, guide enterprises to consciously carry out fair competition, and encourage enterprises to make fair competition and credit commitments to the society.

(IX) smooth complaint reporting channels. Give full play to the role of the 12328 transportation service supervision telephone and the 12315 consumer rights protection telephone, promptly handle complaints and reports from employees and the public against the management department for arbitrary charges, arbitrary fines, and illegal law enforcement, and promptly disclose the handling situation to the public to ensure that everything can be resolved, Everything has an answer. Supervise and urge enterprises with new transportation formats to establish a first-inquiry responsibility system, promptly accept and properly handle complaints from employees and consumers, and not perfunctory prevarication, and effectively protect the legitimate rights and interests of employees and consumers.

(X) strengthen the role of trade union organizations. Local trade union organizations should regard online car-hailing drivers as a key group to promote the establishment of the association, further broaden the channels for membership, maximize the absorption of employees from new transportation formats to join the union organization, and build a communication platform between employees and new business enterprises. Establish an equal consultation mechanism between employees and new business enterprises.

3. safeguard measures

(11) Improve the collaborative linkage mechanism. Give full play to the role of the inter-ministerial joint meeting mechanism for collaborative supervision of new forms of transportation, further strengthen policy convergence and coordination, and timely coordinate and solve various problems encountered in the protection of the rights and interests of employees in new forms of transportation. All localities should refer to the inter-ministerial joint meeting mechanism for collaborative supervision of new forms of transportation, and establish or improve the joint meeting mechanism for multi-departmental collaborative supervision at the provincial and municipal levels by the end of 2021.

(12) Compaction of the responsibilities of all parties. All localities should earnestly fulfill the responsibility of territorial management to protect the rights and interests of employees in new forms of transportation, strengthen overall planning and coordination, refine tasks and measures, and do a good job in implementing the work. The main responsibility of enterprises in the new business type of transportation in the protection of the rights and interests of employees shall be pressed and compacted, and all kinds of employees who are directly managed by enterprises in the new business type of transportation and are organized and employed by employment cooperation units shall bear the main responsibility for the protection of the rights and interests of employees in accordance with laws and regulations. Supervise and urge new transportation enterprises to clearly inform employees of relevant rights and obligations and labor security laws and policies, and provide convenience for their implementation. If they meet the requirements of establishing labor relations, they shall sign labor contracts in accordance with the law.

(13) Strengthen publicity and guidance. Strengthen policy publicity and interpretation, and increase the publicity of positive information such as actively fulfilling social responsibilities, caring for employees and advanced deeds of employees in new transportation formats. Organize and carry out "the most beautiful taxi driver" publicity activities, tell typical stories, and promote the positive energy of the industry.

Ministry of Transport

Central Propaganda Department

Central Network Information Office

National Development and Reform Commission

Ministry of Public Security

Ministry of Human Resources and Social Security

State Administration of Market Supervision and Administration

All-China Federation of Trade Unions

17 November 2021