Delivery boys, online ride-hailing drivers, etc. are included in the minimum wage guarantee, and order dispatching is stopped when the working hours reach the upper limit

According to news on February 23, the General Office of the Ministry of Human Resources and Social Security today issued the "Guidelines for the Protection of Labor and Remuneration Rights and Interests of Workers in New Employment Forms", "Guidelines for the Disclosure of Labor Rules for Workers in New Employment Formations" and "New Employment Formations" Service Guide for the Protection of Moral Workers' Rights and Interests.

One of the biggest changes brought about by this new regulation is the new employment forms such as online delivery, travel, transportation, and housekeeping services. Workers are included in the minimum wage guarantee, and orders will be stopped when working hours reach the upper limit.

"Guidelines for the Protection of Rest and Remuneration Rights and Interests of Workers in New Employment Forms" and "Guidelines for the Publicity of Labor Rules for Workers in New Employment Formations" are applicable to online acceptance of distribution, travel, transportation, housekeeping services and other work released by Internet platforms. Task, provides platform online appointment services in accordance with platform requirements, and is a new employment form for workers who obtain labor remuneration through labor. Among them, the "Guidelines for the Protection of Rest and Remuneration Rights and Interests of Workers in New Employment Forms" are not applicable to workers in new employment forms who rely on Internet platforms to carry out business activities completely independently. These two guidelines are for platform companies and platform employment cooperative companies to refer to when managing labor and employment.

The purpose of the "Guidelines on the Protection of Rest and Labor Remuneration Rights and Interests of Workers in New Employment Forms" is to guide enterprises to protect the rest and labor remuneration rights and interests of workers in new employment forms. The guidelines include a total of four chapters and 14 items. The main contents are summarized as follows:

Chapter 1 "General Provisions" clarifies the purpose and scope of application of the guidelines.

Chapter 2 "Working Hours and Rest", based on the employment characteristics of the new employment form, puts forward the calculation method of working hours and rest methods for workers in the new employment form. It is clear that working hours are based on the cumulative order-taking time for workers to complete all orders, and appropriate consideration must be given to workers' necessary online waiting for orders, service preparation, physiological needs and other factors. It is clear that the enterprise negotiates with the labor union or labor representatives of the new employment form to reasonably determine the maximum continuous order-taking time and the maximum daily working hours for employees. When workers' working hours reach the upper limit, the system should push rest reminders and stop pushing orders for a certain period of time to ensure that workers get necessary rest time and prevent workers from overworking.

Chapter 3 "Labor Remuneration" proposes that enterprises negotiate on an equal footing with labor unions or representatives of workers in new employment forms to formulate labor remuneration rules. It is clarified that workers with new forms of employment who do not fully comply with the situation of establishing labor relations but where the enterprise performs labor management on workers shall apply the hourly minimum wage standards stipulated by the people's government of the place where the workers actually work. Enterprises should pay labor remuneration to workers in new employment forms who work on statutory holidays higher than labor remuneration during normal working hours, and pay labor remuneration in the form of currency to workers in new employment forms on time and in full, etc..

"Chapter 4 "Supplementary Provisions" mainly emphasizes that the rest and minimum wage standards of workers in emerging employment forms should comply with the provisions of current labor laws and regulations. For activities that are completely autonomously operated by individuals on the Internet platform, it does not apply This guideline.”

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