Legislation

Guidelines for services for the protection of the rights and interests of workers in new forms of employment. Ministry of Human Resources and Social Security (MOHRSS) [released on 23 February 2024] No. 50

Country: China

Jurisdiction: National

Authority: Ministry of Human Resources and Social Security

Legislation type: Administrative guidance

Binding: No

Source: Visit page

Date of adoption: 2024

Legal Status: In effect

Platform(s): Location-based (All) Online (All)

Summary

These Guidelines set that workers in new forms of employment have the right to join trade unions and to participate in collective negotiation mechanisms. Platform enterprises are required to establish regular communication mechanisms and appeals channels. The guidelines encourage the establishment of internal labour dispute mediation committees composed of trade union representatives, worker representatives, and enterprise representatives.

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

第十三条. 工会组织要推动平台企业建立常态化的沟通协商机制，代表或组织新就业形态劳动者就涉及劳动者切身利益的事项与平台企业沟通、协商，订立集体合同或协议。新就业形态劳动者有权参与工会与企业组织的恳谈会、集体协商等活动，平台企业、平台用工合作企业应提供便利条件.

ENGLISH TRANSLATION

Article 13. Trade union organizations shall promote platform enterprises to establish a regular communication and negotiation mechanism. They shall represent or organize workers in new forms of employment to communicate and negotiate with platform enterprises on matters closely related to the vital interests of workers, and conclude collective contracts or agreements. Workers in new forms of employment have the right to participate in activities such as talks and collective negotiations organized by trade unions and enterprises. Platform enterprises and platform employment cooperation enterprises shall provide convenient conditions.
第四条.　平台企业要建立健全与新就业形态劳动者的常态化沟通机制和新就业形态劳动者申诉机制，畅通线上和线下沟通渠道.

第五条　新就业形态劳动者可向平台企业反映对平台劳动规则的意见建议或其他合理诉求，平台企业要认真听取并作出回应.

第六条　新就业形态劳动者认为平台用工合作企业侵犯其合法权益的，可向平台企业投诉。平台企业要积极核查，协调处理。情况属实的，要督促用工合作企业及时整改.

第七条　新就业形态劳动者对报酬计算、服务时长、服务费用扣减、奖惩、平台用工合作企业管理服务等有异议的，或遭遇职场欺凌、骚扰的，可向平台企业反映或申诉，平台企业要在承诺时间内予以回应并公正处理.

第八条　新就业形态劳动者认为自身劳动权益受到侵害时，可优先与企业协商解决，也可请工会或第三方组织共同与企业协商解决.

第九条　鼓励平台企业成立由工会代表、新就业形态劳动者代表和企业代表参加的企业内部劳动纠纷调解委员会，提供涉新就业形态劳动者劳动纠纷调解服务。新就业形态劳动者认为自身劳动权益受到侵害时，可向企业劳动纠纷调解委员会提出。调解委员会应当及时核实情况，协调企业进行整改或者向劳动者做出说明.

第十六条　新就业形态劳动者与企业发生纠纷，可向人民调解委员会和各级各类专业性劳动争议调解组织申请调解。经调解达成的调解协议，具有法律约束力，当事人应按照约定履行。符合条件的，可向人民法院申请司法确认或向劳动争议仲裁机构申请置换.

第十七条　发生争议后调解不成或当事人不愿调解，符合劳动争议受案范围的，新就业形态劳动者可向实际工作地的劳动争议仲裁机构申请劳动争议仲裁。不符合劳动争议受案范围的，新就业形态劳动者可向人民法院起诉，人民法院应当依法受理.

第十八条　符合劳动保障监察职权范围的事项，新就业形态劳动者可向人力资源社会保障行政部门举报投诉。各地人力资源社会保障行政部门应当畅通举报投诉渠道，及时受理新就业形态劳动者的举报投诉，依法维护劳动者合法权益.

第十九条　新就业形态劳动者可依法向法律援助机构申请法律援助。鼓励法律援助机构在新就业形态劳动者集中工作地或休息地设立法律援助站或者联络点，就近提供法律援助服务，开设新就业形态劳动者法律援助“绿色通道”，提供便捷高效服务.

第二十条　各地要积极构建新就业形态劳动纠纷多元调解机制，加强劳动人事争议调解与人民调解、行政调解、司法调解协调联动。鼓励有条件的地方探索创新新就业形态劳动纠纷调处机制，联通法院、人社、司法行政、工会、企业代表组织等各类争议处理资源，建立“一站式”的新就业形态争议调处机构。鼓励新就业形态劳动者比较集中的市、区以及有条件的县和乡镇、街道，联合相关资源力量，组建集咨询疏导、争议调解、劳动仲裁、法律援助、专业审判于一体的新就业形态劳动用工争议多元化解中心。动者认为自身劳动权益受到侵害时，可向企业劳动纠纷调解委员会提出。调解委员会应当及时核实情况，协调企业进行整改或者向劳动者做出说明.

ENGLISH TRANSLATION

Article 4. Platform enterprises shall establish and improve a regular communication mechanism with workers in new forms of employment and an appeal mechanism for such workers, and unblock both online and offline communication channels.

Article 5. Workers in new forms of employment may convey their opinions and suggestions on platform labour rules or other reasonable demands to platform enterprises. Platform enterprises shall listen attentively and respond accordingly.

Article 6. If workers in new forms of employment believe that a platform employment cooperation enterprise has infringed upon their legitimate rights and interests, they may lodge a complaint with the platform enterprise. The platform enterprise shall actively verify the situation and coordinate for handling. If the situation is true, it shall urge the employment cooperation enterprise to rectify in a timely manner.

Article 7. If workers in new forms of employment have objections to matters such as remuneration calculation, service duration, service fee deductions, rewards and punishments, management and services of platform employment cooperation enterprises, or if they encounter workplace bullying or harassment, they may report or appeal to the platform enterprise. The platform enterprise shall respond within the promised time and handle the matter fairly.

Article 8. When workers in new forms of employment believe that their labour rights and interests have been infringed, they may first negotiate with the enterprise to resolve the issue, or invite a trade union or a third - party organization to jointly negotiate with the enterprise for a solution.

Article 9. Platform enterprises are encouraged to establish an internal labour dispute mediation committee composed of trade union representatives, representatives of workers in new forms of employment, and enterprise representatives, to provide mediation services for labour disputes involving workers in new forms of employment. When workers in new forms of employment believe that their labour rights and interests have been infringed, they may apply to the enterprise labour dispute mediation committee. The mediation committee shall promptly verify the situation, coordinate with the enterprise for rectification or provide an explanation to the workers.

Article 16. In case of disputes between workers in new forms of employment and enterprises, they may apply to people's mediation committees and professional labour dispute mediation organizations at all levels for mediation. The mediation agreement reached through mediation shall have legal binding force, and the parties shall perform their obligations as agreed. If the conditions are met, an application can be made to the people's court for judicial confirmation or to the labour dispute arbitration institution for replacement.

Article 17. If mediation fails after a dispute occurs or the parties are unwilling to mediate, and the case falls within the scope of labour dispute acceptance, workers in new forms of employment may apply for labour dispute arbitration to the labour dispute arbitration institution at the actual workplace. If the case does not fall within the scope of labour dispute acceptance, workers in new forms of employment may file a lawsuit with the people's court, and the people's court shall accept the case in accordance with the law.

Article 18. For matters within the scope of labour security supervision functions and powers, workers in new forms of employment may report and lodge complaints to the human resources and social security administrative departments. The human resources and social security administrative departments in various places shall unblock the reporting and complaint channels, promptly accept the reports and complaints of workers in new forms of employment, and safeguard the legitimate rights and interests of workers in accordance with the law.

Article 19. Workers in new forms of employment may apply for legal aid to legal aid institutions in accordance with the law. Legal aid institutions are encouraged to set up legal aid stations or liaison points at the concentrated workplaces or rest places of workers in new forms of employment to provide legal aid services nearby, open up a "green channel" for legal aid for workers in new forms of employment, and provide convenient and efficient services.

Article 20. All localities should actively build a multi - mediation mechanism for labour disputes in new forms of employment, and strengthen the coordinated linkage between labour and personnel dispute mediation, people's mediation, administrative mediation, and judicial mediation. Localities with conditions are encouraged to explore and innovate the mediation and handling mechanism for labour disputes in new forms of employment, integrate various dispute - handling resources such as courts, human resources and social security departments, judicial administrative departments, trade unions, and enterprise representative organizations, and establish a "one - stop" institution for mediating and handling disputes in new forms of employment. Cities, districts where workers in new forms of employment are relatively concentrated, as well as counties, townships, and sub - districts with conditions, are encouraged to combine relevant resources and forces to establish a multi - resolution center for labour employment disputes in new forms of employment, integrating functions such as consultation and guidance, dispute mediation, labour arbitration, legal aid, and professional adjudication.