Legislation
Guidelines for the protection of the rights and interests of rest and labour remuneration for workers in new forms of employment Ministry of Human Resources and Social Security (MOHRSS) [released on 23 February 2024] No. 50
- Country
- China
- Jurisdiction
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National
- Authority
- Ministry of Human Resources and Social Security
- Legislation type
- Administrative guidance
- Binding
- No
- Source
- Visit page
- Date of adoption
- Legal Status
- In effect
- Platform(s)
- Location-based (All) Online (All)
Summary
These guidelines provide measures to regulate working hours, rest, and labour remuneration for workers in new forms of employment. The guidelines establish that platform enterprises shall supervise the time and full payment of labour remuneration for workers in new forms of employment.
Additional provisions may be contained in the original Guidelines that are not covered in this summary. For complete information, please refer to the full text of the Guidelines.
Thematic areas
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第四条 第三款. 宽放时间由企业与工会或新就业形态劳动者代表结合行业实际，平等协商合理确定.
第五条. 企业与工会或新就业形态劳动者代表要根据法律法规精神和行业管理规定，结合行业特点和企业实际，平等协商合理确定新就业形态劳动者连续最长接单时间和每日最长工作时间。劳动者达到连续最长接单时间和每日最长工作时间的，系统应推送休息提示，并停止推送订单一定时间。若劳动者当时正在执行订单任务过程中，从该订单任务完成后开始计算停止推送订单时长.
第七条. 企业与工会或新就业形态劳动者代表结合行业特点和企业实际，平等协商制定新就业形态劳动者劳动报酬规则，明确劳动定额标准、抽成比例、计件单价、劳动报酬支付周期、考核办法等，确保新就业形态劳动者提供劳动获得合理劳动报酬.
ENGLISH TRANSLATION
Article 4.3. The allowance time shall be reasonably determined through equal consultation between the enterprise and the trade union or representatives of workers in new forms of employment in combination with the actual situation of the industry.
Article 5. The enterprise and the trade union or representatives of workers in new forms of employment shall, in accordance with the spirit of laws and regulations and the regulations on industry management, and in combination with the characteristics of the industry and the actual situation of the enterprise, reasonably determine the maximum continuous order receiving time and the maximum daily working hours of workers in new forms of employment through equal consultation. When workers reach the maximum continuous order receiving time and the maximum daily working hours, the system shall push rest reminders and stop pushing orders for a certain period of time. If a worker is in the process of executing an order task at that time, the duration of stopping pushing orders shall be calculated from the completion of that order task.
Article 7. The enterprise and the trade union or representatives of workers in new forms of employment shall, in combination with the characteristics of the industry and the actual situation of the enterprise, formulate the rules on labour remuneration for workers in new forms of employment through equal consultation, clarify the standards for labour quotas, the proportion of deductions, the unit price for piecework, the payment cycle of labour remuneration, the assessment methods, etc., to ensure that workers in new forms of employment obtain reasonable labour remuneration for providing labour.
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第七条. 企业与工会或新就业形态劳动者代表结合行业特点和企业实际，平等协商制定新就业形态劳动者劳动报酬规则，明确劳动定额标准、抽成比例、计件单价、劳动报酬支付周期、考核办法等，确保新就业形态劳动者提供劳动获得合理劳动报酬.
第八条. 不完全符合确立劳动关系情形但企业对劳动者进行劳动管理的新就业形态劳动者，适用劳动者实际工作地人民政府规定的小时最低工资标准.
第九条. 新就业形态劳动者在法定节假日工作的，企业应向劳动者支付高于正常工作时间劳动报酬的合理报酬.
第十条. 企业要以货币形式将劳动报酬支付给新就业形态劳动者本人，不得以实物及有价证券替代货币支付.
第十一条. 企业应按时足额支付新就业形态劳动者劳动报酬，不得克扣或无故拖欠。企业支付劳动报酬时，应向劳动者提供本人的劳动报酬清单.
第十二条. 平台企业要对用工合作企业按时足额发放新就业形态劳动者劳动报酬等情况进行监督.
ENGLISH TRANSLATION
Article 7. The enterprise and the trade union or representatives of workers in new forms of employment shall, in combination with the characteristics of the industry and the actual situation of the enterprise, formulate the rules on labour remuneration for workers in new forms of employment through equal consultation, clarify the standards for labour quotas, the proportion of deductions, the unit price for piecework, the payment cycle of labour remuneration, the assessment methods, etc., to ensure that workers in new forms of employment obtain reasonable labour remuneration for providing labour.
Article 8. For workers in new forms of employment who do not fully meet the conditions for establishing labour relations but are subject to labour management by enterprises, the hourly minimum wage standards stipulated by the people's government of the actual place of work of the workers shall apply.
Article 9. If workers in new forms of employment work on statutory holidays, the enterprise shall pay them reasonable remuneration higher than that for normal working hours.
Article 10. Enterprises shall pay labour remuneration to workers in new forms of employment in monetary form and shall not replace monetary payment with in-kind goods or securities.
Article 11. Enterprises shall pay the labour remuneration of workers in new forms of employment on time and in full, and shall not deduct or delay payment without justifiable reasons. When paying labour remuneration, enterprises shall provide workers with their own lists of labour remuneration.
Article 12. Platform enterprises shall supervise the situation of employment cooperation enterprises in paying the labour remuneration of workers in new forms of employment on time and in full.
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第三条. 企业要制定完善新就业形态劳动者休息办法，科学确定劳动者工作量和劳动强度，确保劳动者获得必要休息时间，防止劳动者过度劳动，保障劳动者身体健康.
第四条. 新就业形态劳动者每日工作时间包括当日累计接单时间和适当考虑劳动者必要的在线等单、服务准备、生理需求等因素确定的宽放时间。企业明确要求新就业形态劳动者在线时间或在指定时间前往指定场所接受常规管理的，企业要求的在线时间和线下接受常规管理时间计入工作时间。接单时间是指劳动者自执行订单任务时起至完成任务时止的全部时间。劳动者同一时间接两个及以上订单，接单时间不重复计算。劳动者因作业性质和特点，在接单时间内执行订单任务期间可获得连续较长休息时间的，该休息时间可不计入工作时间。 宽放时间由企业与工会或新就业形态劳动者代表结合行业实际，平等协商合理确定.
第五条. 企业与工会或新就业形态劳动者代表要根据法律法规精神和行业管理规定，结合行业特点和企业实际，平等协商合理确定新就业形态劳动者连续最长接单时间和每日最长工作时间。劳动者达到连续最长接单时间和每日最长工作时间的，系统应推送休息提示，并停止推送订单一定时间。若劳动者当时正在执行订单任务过程中，从该订单任务完成后开始计算停止推送订单时长.
第六条. 企业要建立新就业形态劳动者工作时间、接单时间台账，确保劳动者可通过应用程序自主查询本人工作时间、接单时间等完整记录.
ENGLISH TRANSLATION
Article 3. Enterprises shall formulate and improve the rest measures for workers in new forms of employment, scientifically determine the workload and labour intensity of workers, ensure that workers obtain the necessary rest time, prevent workers from overworking, and safeguard the physical health of workers.
Article 4. The daily working hours of workers in new forms of employment include the cumulative order receiving time on the same day and the allowance time determined by appropriately considering factors such as the necessary time for workers to wait for orders online, prepare for services, and meet physiological needs. If an enterprise clearly requires workers in new forms of employment to be online or go to designated places at designated times to receive routine management, the online time required by the enterprise and the time for receiving routine management offline shall be included in the working hours. The order receiving time refers to the entire time from when a worker starts to execute an order task until the task is completed. If a worker receives two or more orders at the same time, the order receiving time shall not be calculated repeatedly. If a worker can obtain a relatively long continuous rest time during the execution of order tasks within the order receiving time due to the nature and characteristics of the work, this rest time may not be included in the working hours. The allowance time shall be reasonably determined through equal consultation between the enterprise and the trade union or representatives of workers in new forms of employment in combination with the actual situation of the industry.
Article 5. The enterprise and the trade union or representatives of workers in new forms of employment shall, in accordance with the spirit of laws and regulations and the regulations on industry management, and in combination with the characteristics of the industry and the actual situation of the enterprise, reasonably determine the maximum continuous order receiving time and the maximum daily working hours of workers in new forms of employment through equal consultation. When workers reach the maximum continuous order receiving time and the maximum daily working hours, the system shall push rest reminders and stop pushing orders for a certain period of time. If a worker is in the process of executing an order task at that time, the duration of stopping pushing orders shall be calculated from the completion of that order task.
Article 6. Enterprises shall establish ledgers for the working hours and order receiving hours of workers in new forms of employment to ensure that workers can independently query the complete records of their own working hours and order receiving hours through application programs.