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Who Will Be The Guardian Of "Loose" Labourers?

2017/5/15 21:14:00 30

LaborersLabor ProtectionLegal Rights Protection

It is difficult for drivers to mention cash to pay attention to the "network appointment" and the rights and interests of freelancers.

It is estimated that by 2020, the number of "net workers" who will provide services in the shared economic field will exceed 100 million.

"Is there any friend who is successful?" this is the problem that is most frequently repeated to the drivers' rights groups in Shanghai every day.

No matter who is the new teacher, or the teacher who keeps on presenting it every day, someone will talk about it in the group.

"Not yet."

"Failed again."

The disappointing reply has repeatedly brushed up the screen. Apart from the occasional excited teacher who would curse the Tucao, most of the rest seemed to have no choice but to wait.

"Electronic verification has been processed online."

Shao master recalled the scene when he first joined the company. He told reporters that he had joined a private car and had not signed a labor contract or agreement. Now he still has more than 1.4 yuan.

When it comes to being a net driver, it is only a part-time job of Shao Shifu, but compared with his own job, there is a lack of trade union.

"People who do not speak for drivers have a very poor sense of belonging."

He said.

Drivers generally told reporters that there was not much contact between drivers at ordinary times. Unlike employees in enterprises, there was a closed physical environment such as a fixed workplace.

"Between individuals and platforms, or information asymmetry, or inequality of interests, it is difficult for us to cash in, so we only value the potential risks that existed before. The reality is that we are far more vulnerable than the platform."

Driver Xiao Zheng said.

According to a statement released earlier, the platform has 6 million drivers and 40 million registered users.

In recent days, reporters found that the legal relationship between the driver and the platform varied, not only with the owners of private cars, but also many of the drivers belonging to the leasing companies.

Zhao Xinghai, lawyer of Shanghai Ying Ke law firm, thinks, "what legal relationship is between the driver and the platform?"

He pointed out that at this stage, there are many complicated civil legal relationships between the platform and the driver, and there are direct labor contract relations, and there are also between the leasing companies.

Partnership

The different relations directly affect the difference of applicable law.

Zhang Ji, director of the Shanghai law society labor law research association, said that at present, the special drivers' category is "network appointment". Apart from the employment relationship in Shenzhou, Yi Dao and other platforms are merely an intermediary platform for providing information.

The "net contract workers" of such platforms belong to the self employment industry or the flexible employment personnel. The protection and protection of such groups can only rely on "self-care" at the moment.

"Use your legitimate income to participate in the corresponding social security payment of flexible personnel, or the payment of foreign spouse."

In fact, it is not just the blue collar workers such as drivers, but also more self-employed businessmen.

A previous survey of shopkeepers and shop assistants in Shanghai showed that more than 37% of the shopkeepers did not pay their own social security, and almost all of them paid the most basic price.

In addition, none of the small shops has paid social security for their employees.

Photographer Fang told reporters that although his shooting income has been relatively high, compared with the employees of the enterprise, he still lacks such freelance protection.

"Of course, high income is a safeguard in itself.

But in addition, if we encounter disputes between business customers, we are still relatively vulnerable.

He asked whether organizations such as the photographers' Union could have a sense of belonging, and they could still warm up together.

Zhong Renyao, Dean of the school of public administration of East China Normal University, pointed out to reporters that the lack of protection for self employed employees will be faced with risks in the future and can only be solved by individuals and families.

To put it simply, life and disease are death.

If the income is not high, and the level of insurance is not high, the risk reduction capability will be even weaker.

Zhang Ji suggested that for similar easy access to the platform, not only for the user's prepaid funds, there should be a regulatory margin system, but also for the driver's income part of the funds need to establish bank depository and other systems.

Zhou Bin, editor in chief of Shanghai human resources and social security, said that more and more people choose flexible employment, and the social security mechanism should also be adjusted accordingly.

Under the current social security system, part-time jobs for insured persons "

Web appointment

"Or, according to the net employment contract of the city's flexible employment, it is not clear that the labor relationship is not a big problem; but for those who are not insured, it is not easy to deny labor relations, otherwise it will inevitably become a haven for enterprises (platforms) to circumvent laws and regulations and infringe upon the rights and interests of workers.

Under the impact of the new network economy, how does the trade union keep up with the constant changes?

Employment relationship

Recently, the first Federation of trade unions of the express logistics industry, led by regional unions, was established in Qingpu to realize the double coverage of the independent establishment Association and trade unions.

It is learned that trade unions are made up of people in the same industry who work in the same or similar fields, and are more suitable for dispersed and mobile network workers.

In view of this, Zhao Xinghai believes that it is possible to innovate the mode of trade union organization.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.


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