CCTV NewsAccording to the website of the State Administration for Market Regulation, recently, the State Administration for Market Regulation, the Cyberspace Administration of China, the National Development and Reform Commission, the Ministry of Public Security, the Ministry of Human Resources and Social Security, the Ministry of Commerce, and the All-China Federation of Trade Unions jointly issued the "Guiding Opinions on Implementing the Responsibilities of Online Catering Platforms and Effectively Safeguarding the Rights and Interests of Takeaway Deliverymen" (hereinafter referred to as the "Opinions"), putting forward all-round requirements for protecting the legitimate rights
In terms of ensuring labor income, the platform is required to establish an income distribution mechanism that matches the work tasks and labor intensity, and ensure that the normal labor income of takeaway delivery staff is not lower than the local minimum wage standard. The "strictest algorithm" shall not be used as the assessment requirement, and the assessment factors such as the number of orders, on-time rate, and online rate shall be reasonably determined through "algorithm selection" and other methods, and the delivery time limit shall be appropriately relaxed.
In terms of ensuring labor safety, improve the platform order dispatch mechanism, optimize the delivery route, reasonably determine the order saturation, and reduce labor intensity. Strengthen traffic safety education and training, and guide and supervise takeaway delivery staff to strictly abide by traffic laws and regulations.
In terms of maintaining food safety, we shall implement the main responsibility for the safety of food distribution in platform enterprises, formulate management standards for takeaway food delivery services, and strengthen food safety knowledge training to ensure that the food delivery process is free from contamination.
In terms of improving social security, urge the platform and third-party cooperation units to participate in social insurance for takeaway food delivery workers who have established labor relations, support other takeaway food delivery workers to participate in social insurance, and participate in the platform’s pilot occupational injury protection for flexible employees in accordance with national regulations. Encourage exploration and provision of diverse commercial insurance protection plans to improve multi-level protection levels.
In terms of optimizing the working environment, we will encourage and support the development of new business models, promote the establishment of temporary residency points for takeaway food delivery staff, promote the installation of smart dining cabinets, and encourage the development of smart helmets and other wearable devices to create a good working environment and actively play a role in stabilizing and expanding employment.
In terms of strengthening organizational construction, we will promote the establishment of trade union organizations that adapt to new employment patterns, actively recruit takeaway food delivery staff, participate in the negotiation and coordination of important matters involving workers’ rights and interests, improve the support and security system, and carry out in-depth and meticulous assistance work.
In terms of the conflict resolution mechanism, the platform is urged to establish a direct channel for the appeal of takeaway delivery staff to reflect, clarify the appeal handling procedures and time limits, strengthen democratic consultation and equal communication, and generally resolve routine problems such as overtime delivery due to objective factors within 24 hours.
The Opinions require all localities to implement territorial responsibilities, establish and improve a coordination mechanism for the protection of the rights and interests of food delivery staff, strengthen organizational implementation, strengthen threat and risk assessment, effectively resolve contradictions, implement the main responsibility and social responsibility of online catering platforms, protect the legitimate rights and interests of food delivery staff, and resolutely maintain social stability.
