Guiding Opinions on Safeguarding the Labour Security Rights and Interests of Workers in New Employment Forms - Ministry of Human Resources and Social Security (MOHRSS)[2021] No. 56

(十) 督促企业制定修订平台进入退出、订单分配、计件单价、抽成比例、报酬构成及支付、工作时间、奖惩等直接涉及劳动者权益的制度规则和平台算法，充分听取工会或劳动者代表的意见建议，将结果公示并告知劳动者。工会或劳动者代表提出协商要求的，企业应当积极响应，并提供必要的信息和资料。指导企业建立健全劳动者申诉机制，保障劳动者的申诉得到及时回应和客观公正处理。

ENGLISH TRANSLATION

10. Supervising enterprises to formulate and revise institutional rules and platform algorithms that directly involve workers' rights and interests, such as platform entry and exit, order allocation, piece-rate unit prices, draw rates, remuneration composition and payment, working hours, rewards and penalties. Enterprises are also instructed to fully listen to the views and suggestions of trade unions or workers' representatives, and to make the results public and inform workers of them. In instances where trade unions or workers' representatives request consultations, enterprises are expected to respond positively and provide the necessary information and materials.Enterprises are instructed to establish a sound mechanism for workers' grievances, and to ensure that workers' grievances are responded to in a timely manner and dealt with objectively and fairly.

（四）落实公平就业制度，消除就业歧视。企业招用劳动者不得违法设置性别、民族、年龄等歧视性条件，不得以缴纳保证金、押金或者其他名义向劳动者收取财物，不得违法限制劳动者在多平台就业。

 ENGLISH TRANSLATION

4. Implementing a fair employment system and eliminating discrimination in the workplace. Enterprises are obliged to refrain from unlawfully setting discriminatory conditions for the recruitment of workers, such as gender, ethnicity, age, etc., or from collecting property from workers on the basis of payment of a bond, deposit, or in any other name. They must also refrain from unlawfully restricting workers' access to employment on multiple platforms.

（十八）各级法院和劳动争议调解仲裁机构要加强劳动争议办案指导，畅通裁审衔接，根据用工事实认定企业和劳动者的关系，依法依规处理新就业形态劳动者劳动保障权益案件。各类调解组织、法律援助机构及其他专业化社会组织要依法为新就业形态劳动者提供更加便捷、优质高效的纠纷调解、法律咨询、法律援助等 务。

ENGLISH TRANSLATION

18. Courts and labour dispute mediation and arbitration bodies at all levels are required to strengthen their guidance on handling labour disputes, smooth the interface between adjudication and adjudication, determine the relationship between the enterprise and the worker on the basis of the facts of employment, and deal with cases concerning the rights and interests of workers in new forms of employment in accordance with the law. Various types of mediation organisations, legal aid agencies and other specialised social organisations are required by law to provide more convenient, high-quality and efficient dispute mediation, legal counselling, legal aid and other services to workers in new forms of employment.

（十七）各级工会组织要加强组织和工作有效覆盖，拓宽维权和服务范围，积极吸纳新就业形态劳动者加入工会。加强对劳动者的思想政治引领，引导劳动者理性合法维权。监督企业履行用工责任，维护好劳动者权益。积极与行业协会、头部企业或企业代表组织开展协商，签订行业集体合同或协议，推动制定行业劳动标准。

ENGLISH TRANSLATION

17. Trade union organisations at all levels should enhance the effective coverage of their organisations and work, expand the scope of their rights protection and services, and proactively recruit workers in new employment patterns to join trade unions. They should strengthen their ideological and political leadership of workers and guide them to defend their rights rationally and legally. They should also supervise enterprises in fulfilling their employment responsibilities and safeguarding workers' rights and interests. They should also proactively engage in consultations with trade associations, leading enterprises or enterprise representative organisations, and sign industry collective contracts or agreements, while also playing an active role in the formulation of industry labour standards.

（七）健全并落实劳动安全卫生责任制，严格执行国家劳动安全卫生保护标准。企业要牢固树立安全“红线”意识，不得制定损害劳动者安全健康的考核指标。要严格遵守安全生产相关法律法规，落实全员安全生产责任制，建立健全安全生产规章制度和操作规程，配备必要的劳动安全卫生设施和劳动防护用品，及时对劳动工具的安全和合规状态进行检查，加强安全生产和职业卫生教育培训，重视劳动者身心健康，及时开展心理疏导。强化恶劣天气等特殊情形下的劳动保护，最大限度减少安全生产事故和职业病危害。

ENGLISH TRANSLATION

7. It is vital that enterprises establish and implement a responsibility system for labour safety and health that strictly adheres to national standards for safety and health protection. Enterprises must recognise the 'red line' of safety and refrain from setting assessment indicators that could compromise the safety and health of workers. They must strictly comply with all relevant laws and regulations related to work safety, implement a system of responsibility for work safety for all employees, establish and improve work safety rules and regulations and operating procedures, equip necessary work safety and health facilities and labour protective equipment, promptly inspect the safety and compliance status of labour tools, strengthen education and training on work safety and occupational health, attach importance to the physical and mental health of workers, and carry out psychological counselling in a timely manner. Labour protection under special circumstances, such as inclement weather, has been strengthened, and production safety accidents and occupational disease hazards have been reduced to the maximum extent possible.

（五）健全最低工资和支付保障制度，推动将不完全符合确立劳动关系情形的新就业形态劳动者纳入制度保障范围。督促企业向提供正常劳动的劳动者支付不低于当地最低工资标准的劳动报酬，按时足额支付，不得克扣或者无故拖欠。引导企业建立劳动报酬合理增长机制，逐步提高劳动报酬水平。

ENGLISH TRANSLATION

5. The minimum wage and payment guarantee system is being improved, and the inclusion of workers in new forms of employment who do not fully meet the requirements for establishing a labour relationship is being promoted.Enterprises are being urged to pay workers providing normal labour remuneration not less than the local minimum wage standard, and to do so in full and on time, without deductions or undue delays. Enterprises are being guided to establish a mechanism for reasonable increases in labour remuneration, and to gradually raise the level of such remuneration.

（八）完善基本养老保险、医疗保险相关政策，各地要放开灵活就业人员在就业地参加基本养老、基本医疗保险的户籍限制，个别超大型城市难以一步实现的，要结合本地实际，积极创造条件逐步放开。组织未参加职工基本养老、职工基本医疗保险的灵活就业人员，按规定参加城乡居民基本养老、城乡居民基本医疗保险，做到应保尽保。督促企业依法参加社会保险。企业要引导和支持不完全符合确立劳动关系情形的新就业形态劳动者根据自身情况参加相应的社会保险。

（九）强化职业伤害保障，以出行、外卖、即时配送、同城货运等行业的平台企业为重点，组织开展平台灵活就业人员职业伤害保障试点，平台企业应当按规定参加。采取政府主导、信息化引领和社会力量承办相结合的方式，建立健全职业伤害保障管理服务规范和运行机制。鼓励平台企业通过购买人身意外、雇主责任等商业保险，提升平台灵活就业人员保障水平。

（十二）优化社会保险经办，探索适合新就业形态的社会保险经办服务模式，在参保缴费、权益查询、待遇领取和结算等方面提供更加便捷的服务，做好社会保险关系转移接续工作，提高社会保险经办服务水平，更好保障参保人员公平享受各项社会保险待遇。

 ENGLISH TRANSLATION

8. Improving policies relating to basic pension insurance and medical insurance is a key priority. All localities should liberalise the household registration restrictions on flexibly employed persons' participation in basic pension and basic medical insurance at their place of employment. In individual mega-cities where this is difficult to achieve in a single step, local realities should be taken into account and conditions should be created for gradual liberalisation. Flexibly employed persons who have not participated in basic pension and basic medical insurance for employees should be encouraged to participate in basic pension and basic medical insurance for urban and rural residents in accordance with the regulations, so as to ensure that they are insured to the fullest extent possible. It is also recommended that enterprises participate in social insurance in accordance with the law. Enterprises must guide and support newly employed workers who do not fully meet the requirements for establishing a labour relationship to participate in social insurance according to their own circumstances.

9. The plan is to strengthen occupational injury protection, focusing on platform enterprises in industries such as travel, take-away, instant delivery and same-city freight transport. Pilot projects on occupational injury protection for platform flexible employees will be organised, in which platform enterprises should participate in accordance with regulations. A combination of government-led, information technology-led and social force-undertaking will be adopted to establish and improve occupational injury protection management service norms and operation mechanisms. Platform enterprises are encouraged to enhance the level of protection for flexible employment personnel on platforms by purchasing personal accident, employer's liability and other commercial insurance.

12. Optimising the handling of social insurance, exploring a social insurance handling service model suitable for new employment patterns, providing more convenient services in the areas of participation in contributions, enquiries about rights and interests, and the receipt and settlement of benefits, as well as doing a good job of transferring and renewing social insurance relationships, improving the level of social insurance handling services, and better guaranteeing that insured persons can fairly enjoy all social insurance benefits.

（六）完善休息制度，推动行业明确劳动定员定额标准，科学确定劳动者工作量和劳动强度。督促企业按规定合理确定休息办法，在法定节假日支付高于正常工作时间劳动报酬的合理报酬。

ENGLISH TRANSLATION 

6. Enhancing the rest system, encouraging industries to clarify standards for labour quotas, and scientifically determining the workload and intensity of labour for workers. Enterprises are urged to determine a reasonable method of rest in accordance with the regulations, and to pay reasonable remuneration on statutory holidays that is higher than the remuneration for labour during normal working hours.