Cctv newsRecently, in order to thoroughly study, publicize and implement the important arrangements of the 20th National Congress of the Communist Party of China on supporting and standardizing the development of new employment forms and strengthening flexible employment and the protection of workers’ rights and interests, the Ministry of Human Resources and Social Security and the Supreme People’s Court jointly issued typical cases of labor disputes in new employment forms, which is of great significance to effectively improve the quality of handling labor disputes in new employment forms and fully realize the mutual promotion and progress of the benign development of platform economy and the protection of workers’ rights and interests.
In recent years, with the rapid development of Internet platform economy, issues such as the maintenance of labor security rights and interests of workers in new employment forms have been widely concerned by the society. In this regard, the case covers the main industry types and common employment methods of the platform economy, implements the guidance requirements of the Ministry of Human Resources and Social Security, the Supreme People’s Court and other eight departments on safeguarding the labor security rights and interests of workers in new employment forms, adheres to the principle of "facts first" and identifies the relationship between enterprises and workers according to employment facts; Clarify the idea of "subordination+factor-type" labor relations identification, comprehensively analyze the personality subordination, economic subordination and organizational subordination between workers and enterprises, strengthen the comprehensive consideration of the degree of labor management, and make key specifications to meet the identification standards for establishing labor relations. We will correct illegal employment practices such as evading the obligations of employers by concluding civil cooperation agreements, "fake outsourcing and real employment", and inducing workers to register individual industrial and commercial households, and earnestly safeguard the legitimate rights and interests of workers.
In the next step, the two departments will take the opportunity of studying and implementing the theme education of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era to continue to strengthen the joint investigation on the handling of labor dispute cases in the new employment form, actively promote the improvement of laws and policies on labor security rights and interests of workers in the new employment form, increase the guidance for handling labor and personnel dispute arbitration institutions and people’s courts, standardize the rational rights protection of employees and laborers according to law through the platform for handling dispute cases and its cooperative enterprises, and better realize the organic unity of political, legal and social effects of resolving labor disputes.
