Heilongjiang Provincial Department of Human Resources and Social Security guides platform labor partners to safeguard the labor security rights and interests of workers in new employment forms.
Heilongjiang province people’s social welfare department talks about the US Mission online.
Cctv news(Reporter Li Wenxue): Recently, the problem of arrears of wages reflected by American group riders in Heilongjiang Province has aroused widespread concern in society. In order to further understand whether there are problems such as wage arrears, and the protection of employment and rider rights and interests of the US delegation, the People’s Social Welfare Department of Heilongjiang Province held a video conference on March 28 to conduct an online interview with the US delegation. This is also the first interview with platform companies by the human and social departments to promote the healthy development of new employment forms since the implementation of the Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms.
On December 17th, 2021, the Department of Human Resources and Social Security of Heilongjiang Province, together with seven provincial departments, issued the Implementation Opinions on Safeguarding the Labor Security Rights and Interests of Workers with New Employment Forms, and put forward 20 measures to safeguard the rights and interests of workers with new employment forms, such as network distributors, network car drivers, truck drivers and Internet marketers, in guiding enterprises to standardize employment, improving employment security system and optimizing public service measures.
On March 5 this year, some workers sent a video through a social platform, reflecting the problem of wage arrears of the US Mission. On March 8, a website reported that the US Mission was in arrears with wages and bonuses and could not get a rest. On March 25th, a social platform appeared again, which reflected that the Meituan takeaway site in Acheng District of Harbin owed more than 30 people wages.
After paying attention to the problems reflected on the Internet, the People’s Social Welfare Department of Heilongjiang Province read the labor service agreement signed by the rider of Acheng Meituan and Harbin Puhong Technology Co., Ltd., and found that there were some irregularities in the content, such as the simple expression of the agreement, the unequal rights and obligations of both parties, and some obviously unfair clauses for workers.
At the online interview on March 28th, Meituan explained the issues related to the rider’s labor security rights and interests, such as labor and employment, wage payment, social security payment, working hours, rest and vacation, and the unpaid wages reflected by Meituan riders in Acheng District.
According to reports, the focus of the above-mentioned related events is that there is a dispute between Harbin Puhong Technology Co., Ltd., a partner of Meituan Platform, and the takeaway rider in accounting for salary. In view of the fact that the wage payment date agreed by both parties is 25th of each month, and it has been paid normally on 25th of February, according to relevant laws and regulations, if the wage is paid normally on the wage payment date, it cannot be determined that there is wage arrears before the next wage payment date. In view of the disputes reflected by riders in the calculation of performance bonus, they can apply for labor arbitration according to law. Regarding the nonstandard labor service agreement, Meituan indicated that it would further urge the partners to standardize according to the interview requirements.
The Provincial People’s and Social Welfare Department pointed out that Meituan, as a new employment enterprise, should fully understand the importance and urgency of safeguarding the labor security rights and interests of workers in new employment forms, and should shoulder its due social responsibilities while pursuing its own interests and consciously safeguard the legitimate rights and interests of workers; While bringing employment opportunities to the vast number of workers in Heilongjiang, we should pay more attention to the labor security rights and interests of employees. It is necessary to further standardize the outsourcing enterprise contract and the labor service contract signed between the outsourcing enterprise and the rider, and check whether there are comprehensive, clear and specific provisions on the rider’s labor security rights and interests. If it is not done, it is necessary to carry out rectification and improvement, and actively seek the opinions of the people’s society, trade unions and other departments and workers to make the contract more reasonable, legal and compliant.
The Labor and Social Security Supervision Bureau of the Provincial People’s Social Welfare Department requires that the self-inspection and rectification should be reported before the end of April, and contracts with outsourcing enterprises and samples of labor contracts signed by outsourcing enterprises and riders should be provided.
The relevant person in charge of the US Mission said that it is necessary to actively shoulder social responsibilities, do a good job of implementation in light of the actual situation of the enterprise, take effective measures, safeguard the labor security rights and interests of new employees with practical actions, and truly implement the rights and interests of workers.