Looking forward to the ＂cool strategy＂ and ＂little brother＂ high temperature allowance, don’t change ＂rushing single reward＂
editorial comment/note
At present, the high temperature weather in many places in China continues, and the temperature in Beijing, Tianjin and Hebei has repeatedly broken historical extremes. Under the hot summer, many new employment forms such as take-away riders and couriers are still rushing around the streets and insisting on their work. Due to the flexible employment form of the Internet platform, the employees’ employment form is more complicated, and the format they are engaged in is also special, which makes their protection of high-temperature rights and interests face new "baking problems". For example, can the "little brothers" receive the high-temperature allowance, how the algorithm can make the "little brothers" safer, what high-temperature rights and interests they can enjoy, and so on.
When the high temperature strikes, the protection and care of high temperature rights and interests should also adapt to the new situation and meet new demands. Starting from today, this edition launched a series of reports on "New Employment Form Workers’ High-temperature Protection" Baking Questions and Expecting "Cool Strategies", trying to explore the "new solution" of rights and interests protection behind the current extreme high temperature through in-depth interviews and investigations. Stay tuned.
One day in early June, Fu Qingfei, a takeaway rider in Beijing, was delivering a bill when he suddenly found that one eye could not see the road clearly. Later, he saw the news about heatstroke, and found out that he had heatstroke by comparing the symptoms.
Fu Qingfei picked the pick-up list from 13: 00 to 15: 00. I wanted to take advantage of this time when many riders went home to rest, so I could contact more sheets. I didn’t expect to rest for several days after heatstroke.
Since June, Beijing has issued high-temperature warnings many times, and the highest temperature has reached above 40℃ for many times. The Measures for the Administration of Heatstroke Prevention and Cooling Measures defines the protection standards for outdoor workers in hot weather. Workers with new employment forms such as take-away riders and couriers work outdoors for a long time. Can they receive high temperature allowance? How to protect the "cool rights"?
"More like a ‘ Red single reward ’ "
On July 10th, Beijing ushered in a new round of hot weather. At 10: 30 in the morning, Shao Yongbo, a 26-year-old takeaway rider, filled a large bottle of water and went out to work. At the end of the day, he can drink two bottles of 2 liters of water. From 14: 00 to 17: 00, he went back to the rental house to sleep. "It’s too hot to run.".
According to the Measures for the Administration of Heatstroke Prevention and Cooling, if the employer arranges the workers to engage in outdoor open-air operations in high-temperature weather above 35℃ and cannot take effective measures to lower the workplace temperature below 33℃, it shall pay the high-temperature allowance to the workers and include it in the total wages.
Can "little brothers" such as take-away riders and couriers receive this money? How to get it?
Liu Kang, the courier, signed a labor contract with the company. From July to September every year, the company will pay a fixed high-temperature allowance with the salary of more than 100 yuan a month, in addition to preparing drinks, Huoxiang Zhengqi water and so on.
Compared with the express delivery industry, it is difficult to adjust the working hours of take-away riders, and the hottest afternoon rush hour in a day is often their busiest time. The reporter of Workers Daily interviewed 10 takeaway riders randomly, and most of them said that they had never heard of the high temperature allowance.
“‘ High temperature care fund ’ Does it count? " Shao yongbo asked. He told reporters that the platform will issue this subsidy in a certain period of time, but the condition for receiving it is to complete a certain amount of delivery during this period, "more like a ‘ Red single reward ’ " .
The reporter saw on Shao Yongbo’s order-taking page that an activity on July 9 showed that there were three awards from 10: 00 to 14: 00, and 22 yuan was rewarded with 22 awards for completing the first gear. The day was a Sunday, "there was no order", and Shao Yongbo only completed 9 orders. There is also a reward activity from 14: 00 to 17: 00. After completing five orders, 9 yuan can get it, but this is just in time for him to go home and sleep. On this day, he didn’t get the "high temperature care gold".
Wang Liang, a 33-year-old from Handan, Hebei Province, has been a takeaway rider in Beijing for 4 years. From 10: 00 to 18: 00 on July 10th, Wang Liang completed 22 orders and got the "weather subsidy" from 72 yuan. However, he found that sometimes when there are more riders who take orders online, the price of subsidies is "down".
Wang Sufen, a professor at Liaoning University Law School, has always been concerned about the protection of the rights and interests of "little brothers". In her view, whether workers can enjoy the high-temperature allowance should be the core elements of temperature standards and whether they actually fulfill their labor payment obligations, and should not include the workload standards attached by platform enterprises. "In other words, the delivery amount of take-away riders cannot be a condition for whether they enjoy the high temperature allowance".
High temperature care needs to find a "new solution"
"The flexible form of employment on the Internet platform makes the identification of labor relations of practitioners more complicated, and a series of rights protection issues including high temperature allowance are more prominent." Wang Sufen said.
According to the Management Measures for Heatstroke Prevention and Cooling Measures, the high-temperature allowance is an integral part of the salary, and the obligatory subject for granting the high-temperature allowance is the "employer". Wang Sufen told reporters that the premise of enjoying the high-temperature allowance for new employment forms such as take-away riders is to confirm labor relations, which is a big problem in practice.
According to the professor of capital university of economics and business Institute of Labor Economics, the obligation subject of rights and interests protection is not clear for workers with new employment forms such as take-away riders.
"The counterpart of the new employment form workers is more complicated. The crowdsourcing mode can be registered directly through the platform, but the special delivery mode involves third parties or even third parties in different places. Therefore, it is easy to cause controversy in practice who bears the special labor protection obligation at high temperature. " Scope theory.
"There are also difficulties in the implementation of rights protection." The scope further explains that, unlike traditional employment, it is not fixed whether or not workers in the new employment form take orders and how much they take orders. Therefore, it is still difficult to determine their rights and interests. In addition, the format of take-away riders is special, and the more extreme weather such as high temperature, the more orders and tasks. If the daily maximum temperature reaches above 40℃ in strict accordance with the Management Measures for Heatstroke Prevention and Cooling Measures, the outdoor operation on that day will be stopped, which will inevitably have a great impact on the platform business.
Faced with new situations and problems, high temperature care needs to find a "new solution" — — This is the unanimous view of the experts and scholars interviewed.
"We can expand the scope of application of labor standards, no longer stick to the identification of labor relations, and change the path of protecting the rights and interests of new employment workers from ‘ Labor relations ’ Turn ‘ Labor rights and interests ’ So that this group can enjoy the high temperature allowance. " Wang Sufen said.
The scope thinks that the specific situation of outdoor work should be defined more accurately, so that the obligations of the platform can be set more reasonably. In addition, we can also rely on technical capabilities to guide and encourage platform enterprises to establish more comprehensive heatstroke prevention and cooling programs, such as grabbing orders, delivering orders and subsidy rules in high temperature weather.
Form a joint force to protect the right to health at high temperature
"High temperature allowance is only a way of economic compensation. In essence, the most fundamental problem is how to protect workers’ right to health." Wang Sufen said that platform enterprises, the government, trade unions and many aspects of society should form a joint force to give better employment conditions to workers with new employment forms such as take-away riders.
"Platform enterprises can upgrade the high-temperature protection emergency mechanism, adjust the distribution range of each distribution area through platform algorithms, optimize the delivery route, reduce the difficulty of distribution, and reduce the time that riders are exposed to the outdoors." Wang Sufen said, "At the same time, platform enterprises can also build a network of heatstroke prevention stations in the city, prepare heatstroke prevention and cooling materials for riders, and push practical information such as the location of nearby heatstroke prevention stations through the rider’s running App."
Song Zengguang, a takeaway rider in Shanghai, is the winner of the National May 1st Labor Medal. He told reporters that his platform company has built a knight station, equipped with microwave ovens, water dispensers and emergency medicine boxes. The trade union has also set up a love relay station for outdoor workers, where riders can go to rest, recharge and get cold drinks.
The reporter learned that at present, under the guidance of the All-China Federation of Trade Unions, local trade unions have fully deployed heatstroke prevention and cooling work. Trade unions around the country are also constantly strengthening the construction of service sites to provide more "cool services" for outdoor workers, including workers with new employment forms.
"Of course, hold up for the takeaway rider ‘ Green shade ’ It also requires the participation and care of the whole society. " Wang Sufen said, "For example, large shopping malls and office buildings can provide special areas for take-away riders to rest, and consumers can be more tolerant of new employment forms in high temperature weather."