news

Shijiazhuang City requires the platform to set up mandatory rest rules: riders will be suspended from dispatching orders after delivering orders for more than 4 hours in a row

2024-08-09

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

This newspaper (reporter Li Yulin) reported that the Human Resources and Social Security Bureau of Shijiazhuang City, Hebei Province, recently issued the "Shijiazhuang City New Employment Form Labor Management Guidelines (Trial)" (hereinafter referred to as the "Guidelines"), which proposed that online catering platforms will no longer assign orders within 20 minutes to delivery personnel who have been delivering orders continuously for more than 4 hours, to prevent potential accidents caused by continuous work.

The Guidelines propose that for new industries involving traffic safety, such as online catering, online car-hailing, and express logistics, companies should use information technology or other means to set up mandatory rest rules. After a total of 4 hours of work on the same day, workers should be actively encouraged and effective measures should be taken to remind them to rest.

Shijiazhuang will also urge platform companies to formulate and revise institutional rules and platform algorithms that directly involve workers' rights and interests, such as platform entry and exit, order allocation, piecework price, commission ratio, remuneration structure and payment, working hours, rewards and punishments, etc., and must not use the "strictest algorithm" as an assessment requirement. It is necessary to reasonably determine the assessment factors through "algorithm selection" and other methods, fully listen to the opinions and suggestions of trade unions or workers' representatives, and publicize the results and inform workers. If trade unions or workers' representatives make consultation requests, platform companies should actively respond and provide necessary information and materials.

New business enterprises shall not collect property from workers in the name of paying security deposits, deposits or other names, and the labor remuneration paid shall not be lower than the minimum wage standard of Shijiazhuang City. The payment (settlement) cycle of labor remuneration for new employment forms can be determined by month, week, day or hour, but the longest period shall not exceed one month. If workers work on statutory holidays, bad weather, at night, etc., enterprises are encouraged to give appropriate subsidies.

In order to effectively safeguard the labor rights and interests of workers in new employment forms represented by online delivery personnel, online car-hailing drivers, and online freight drivers, and to support the healthy and sustainable development of new business enterprises, the "Guidelines" clearly state that when new business enterprises establish labor relations with full-time workers, they shall conclude written labor contracts in accordance with the law within one month from the date of employment. When new business enterprises establish labor relations with part-time workers, they may conclude oral agreements, but may not agree on a probationary period, and both parties are encouraged to sign written part-time labor contracts. Workers in new employment forms who engage in part-time employment may conclude labor contracts with one or more units, and the later concluded labor contracts shall not affect the performance of the earlier concluded labor contracts. The term of the written labor contract shall be determined by negotiation between the two parties.