Staying up late is the norm. How to protect the rights and interests of the new format?

How to protect the rights and interests of the new business format [long working hours, work intensity, work intensity to stay up late is the norm]

Survey motivation

Recently, the 22 -year -old girl Xu Moumou was engaged in live broadcast operations in Hangzhou, Zhejiang Province due to continuous overtime diseases. Related news rushed to the hot search, causing the public to pay attention to the rights and interests of new business workers.

With the rapid development of the Internet platform economy, there are more and more new formats relying on the employment of Internet platforms, such as anchors, agents, online car drivers, and food delivery staff. What is their current state of living and working environment, and whether rights and interests are guaranteed? Focusing on these issues, the reporter conducted in -depth investigations.

The live broadcast began at 17:00, and it was broadcast at 24:00 to 9:00 the next day to 9 o'clock. At 12 o'clock on the same day, it started to shoot short videos and live broadcast until it was broadcast at 21:00. After the end of the live broadcast of the day and one night, Li Tingting (a pseudonym), who was 22 years old and just joined the work for half a year, said: "It's good to live."

Li Tingting graduated from a broadcaster major in a college in Zhejiang Province. At the beginning of this year, by chance, she entered the live broadcast industry. The work content included video, selection, broadcasting, and re -examination. Staying up late is normal. There is no income if you don't do it. "

With the rapid development of the Internet platform economy, more and more people like Li Tingting rely on Internet platforms, such as anchors, agents, online car drivers, and food delivery staff. They are called "new business workers". Essence

Recently, the reporter visited a number of new format workers and found that most of the daily working hours of respondents exceeded 10 hours. According to public information, the new business workers "work to die" incidents occur from time to time.

A number of experts interviewed by reporters believe that with the release of "Guiding Opinions on Protecting the Rights and Interests of Labor Insurance of Workers in the New Employment" (hereinafter referred to as "Guidance Opinions"), new business labor with labor relationship and incomplete labor relationship will be Those who are included in the category of legal protection and have been clarified in social policies. In the future, it is urgent to establish a working hours system that conforms to the digital age under this policy framework.

The experts interviewed suggested that it is the basic direction based on whether the classification and governance of whether there is a labor relationship. The focus is on the establishment of a working hours system for new format workers who do not complete labor relations, such as introducing working hours account system for new format workers to solve the workers at any time at any time Quantitative computing for multi -platform work. At the same time, accelerate the formulation of the Labor Standards Law and establish a compulsory work time limit system. More importantly, establish a rational growth mechanism for labor compensation for new formats as soon as possible to gradually improve the level of labor remuneration.

Staying up late is more common

Encountered a big promotion all day live broadcast

Li Tingting's daily work is to sell women's clothing live. The daily live broadcast time is less than 4 hours to 10 hours. You need to shoot short videos of related products before live broadcast. Each time it takes three or four hours, playing short videos during live broadcast to attract traffic. She usually started broadcasting in the afternoon, re -entered live broadcast after the broadcast, and chose the next day's product. It was already two or three o'clock the next day.

In mid -July, Li Tingting experienced a live broadcast of nearly a day and one night. That day, the company arranged for her live broadcast for 7 hours, broadcast it at 12 o'clock at night, and at home at 2 am. As soon as home, colleagues in charge of the company sent a message to her, notifying her to add live broadcast at 6 to 9 am. Considering that the time was too tight, she intends to refuse, but the other party said that she could not arrange it, and she had to agree.

In order to save time, she did not remove makeup and sleep, and waited to the company to live broadcast at 5 am. The live broadcast ended in the morning. After one hour of rest, she started making videos at 12 o'clock on the same day and continued until the afternoon, followed by a 10 -hour live broadcast.

"My ankle has been injured and my heart is not very good. Long -term standing live broadcast challenged my body limit. By 9 pm, I have been consciously confused and the body does not listen to the call. After that, Li Tingting could not wait to return to the duration and went home.

Not long ago, the 22 -year -old girl Xu Moumou was engaged in live broadcast operations in Hangzhou, Zhejiang Province. After the death of a continuous overtime disease, Li Tingting received a message from many friends to pay attention to her body. However, she understands that engaging in live broadcasting must stay up late to work overtime, because consumers can go free to watch the live broadcast time, mostly at night; in addition, one of her company's calculation of anchor compensation is the live broadcast time.

Li Tingting's experience is not an example. Some live broadcast practitioners said: "After introducing the last product and turning off the live broadcast, the time has passed at zero, and I was paralyzed on the chair."

Many live broadcast practitioners interviewed by the reporter said that they work more than 10 hours a day, and it is more common to stay up late to stay up late. During the large -scale shopping festival (such as "6 · 18" and "Double 11"), the "Sunless" live broadcast, that is, the live broadcast, that is 24 hours continuously live broadcast.

Such a state of work makes them often feel unbearable, and some practitioners are even interested in order to withdraw from the live broadcast industry.

Implementation intensity needs to be strengthened

New business hours lack of standards

In addition to practitioners in the live broadcast industry, other new format practitioners are also in a state of long working time and high labor intensity.

The 39 -year -old Zheng Le (pseudonym) driving an online car in Beijing has many years of experience. He first chose to drive a car to get a car is very simple.

However, when he really entered this industry, he found that he was wrong. As a online car driver, Zheng Le has received 50 orders a day. According to the platform regulations, each single platform is drawn into 20%. He earn about 20,000 yuan a month, and the cost of renting a car will be more than 10,000 yuan.

After communicating with other online car drivers, Zheng Le found that everyone's schedule is very similar: prepare the order at 8 am every day, and then keep the rhythm of pick -up sports cars until 7 or eight pm get off the night peak to pick up orders. After that, a few drivers chose to end the work one day, but most drivers will continue to work for two or three hours. "There is no way. If you want to make money, you can only spend more time to run more orders." Zheng Le said.

Chen Lankai (pseudonym) is in his 40s this year and has been engaged in driving services in Beijing since 2017.

He usually takes orders around 5 pm. The peak period of the order is from 10 to 12 pm. After that, Lu went home to rest at four or five in the morning the next day. "My working hours can only follow the guests. Need to go, the guests finish drinking the wine at night, and I send the guests safely home. If you want to make more money, you need to receive more orders. "

Behind Li Tingting, Zheng Le, Chen Lankai and others are tens of millions of new business workers who rely on Internet platforms. For them, the daily working hours are more than 10 hours, and staying up late to work overtime has become the norm.

"With the rapid development of the platform's economy, the number of new formats has increased significantly. This group generally exists in problems such as long working time and high work intensity. Labers have been in this high -intensity working model for a long time, which will definitely lead to excessive physical load. Bring a huge challenge and influence on physical and mental health, "said Yang Baoquan, a senior partner of Beijing BOC Law Firm.

From the perspective of Shen Jianfeng, the dean of the School of Labor Relations School of Labor Relations, the new format workers mostly work through the platform and other work. The online time is more flexible. Make a special system design. In addition, the calculation of working hours also involves the issue of wage standards, which will further increase the difficulty of institutional design.

Regarding the overtime work phenomenon of many new formats, Wang Tianyu, deputy director of the Social Law Office of the Institute of Law of the Chinese Academy of Social Sciences, believes that it is necessary Labor laws and regulations, labor laws and regulations have clearly stipulated the working hours system; but in practice, the implementation of the labor law is insufficient. For this violation of labor laws, it lacks strong implementation methods.

"For workers who have no labor relationship, such as online car drivers, drivers, etc., they can independently decide whether to work, when to work, and where to work; And because of the 'platform points', they must be subject to platform rules. For their working hours system, my country has not yet constructed a legal system that is compatible with the new format. "Wang Tianyu said.

Establish a working hours account system

Increase the unit price of measurement tasks

In July 2021, the Ministry of Human Resources and Social Affairs and other departments jointly issued the "Guidance Opinions" that for the new employment format workers and those who meet the establishment of a labor relationship, the enterprise shall establish a labor contract with the workers in accordance with the law. If it is not fully in line with the establishment of a labor relationship, but the company conduct labor management of the workers, instructs the enterprise and the workers to establish a written agreement to reasonably determine the rights and obligations between the enterprise and the workers.

Experts interviewed agreed that with the release of the "Guidance Opinions", new format workers with labor relationships and incomplete labor relations are included in the category of legal protection, and social policies have been clarified. However, under the framework of the "Guidance", it is also necessary to use whether the new format workers establish a labor relationship with relevant enterprises as the standard to classify the policy.

In Shen Jianfeng's view, the problem that needs to be resolved in the future is what labor laws can be applied to incomplete workers, and existing labor law systems can adapt to the digital era employment model.

Wang Tianyu's point of view is that we must improve labor laws, establish the bottom line of the total working hours, and establish a working time deployment system that adapt to the flexibility of work in the Internet era.

"The labor law can consider setting the monthly or quarterly overtime limit, replacing the existing weekly overtime limit regulations, and can appropriately increase the overtime limit under the premise of listing special circumstances in order to adapt to the flexible trend of work in the digital age. "Wang Tianyu said that it should be matched with the legal liability that violates the benchmark of working hours and allows labor law to have mandatory enforcement.

In response to the situation of incompleteness to establish a labor relationship, but the enterprise conducts labor management of the workers, the experts interviewed suggested that the shortcomings of laws and regulations and standards as soon as possible.

"At the standard level, laws, regulations, and regulations should further standardize unreasonable working hours and unreasonable employment models, especially to introduce some regulations for regulatory and flexible employment group employment models." Yang Baoquan said.

Shen Jianfeng proposed that as far as working hours are concerned, as an important system for calculating workload and balanced workers' work and life, it should be applied to platform workers. The problem here is that the working hours of the platform workers are determined by online and offline. They are often in uncertain state, and the launch and actual work are sometimes not synchronized. At the same time These all means that the work hours system of platform employment cannot be carried out by traditional working hours. "In the future, we can consider introducing working hours account system for platform workers to solve excessive labor issues brought about by online and offline and multi -platform work. Of course, the development of socio -economic development and changes in the concept of workers are more basic in the implementation of the system's implementation of the system. The condition. "Shen Jianfeng said.

In Wang Tianyu's opinion, it is necessary to explore the task -type labor benchmark based on economic support, control the unit price, continuity, and total amount of the contracting task, establish an algorithm knowledge and collective consent rules, and adopt a "independent special chapter" system in the labor benchmark legislation. Construction path.

"You can establish a mission -type labor benchmark system. Under the premise that the total employment period of the practitioners cannot be directly controlled, large platforms can limit labor opportunities through the control of task continuity and total amount to prevent excessive labor. Determining labor through certain procedures to determine labor through certain procedures. After the unit price of the mission and the publicity, it is convenient for practitioners to calculate the daily work time of the expected target of income, and then realize the average working time of the industry in a reasonable range in the whole. Adjust the upward adjustment, and when the unit price of the workers is increased and the overall remuneration is increasing, the working time of the workers will be shortened. "Wang Tianyu said.

External supervision is also essential. Yang Baoquan believes that the rights and interests of practitioners depend on the protection of all aspects. In terms of law enforcement, relevant government departments should shoulder supervision and management responsibilities, formulate different levels and intensity supervision mechanisms for different industries, strengthen early warning mechanisms, and formulate normal and irregular inspection mechanisms. Platform enterprises that infringe the legitimate rights and interests of the new business formats in a timely manner will be announced, and serious violations of cases will be announced.

Yang Baoquan suggested that the relevant departments should actively act to protect the rights and interests of the new format workers in all aspects. For example, human resources and social security administrative departments at all levels should increase the supervision of labor security, urge enterprises to implement the responsibility for the protection of the rights and interests of workers in the new employment form, strengthen outstanding issues such as arrears of labor compensation and overtime overtime, and protect the rights and interests of workers in accordance with the law.

"The departments and units must conscientiously perform their duties, strengthen work synergy, and include the protection of workers 'rights and interests into the digital economy synergy governance system, establish a platform for employment system for the employment of the enterprise, improve the joint incentive and punishment mechanism of workers' rights and interests, improve relevant policy measures and judicial interpretation . "Yang Baoquan told reporters.

Source: Rule of Law Daily

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