On April 18, the Hangzhou Municipal Bureau of Market Supervision, the Municipal Bureau of Commerce, the Municipal Bureau of Human Resources and Social Security, and the Municipal Public Security Bureau jointly held a press conference on the promulgation and implementation of the "Hangzhou Online Catering Takeaway Distribution Supervision and Administration Measures".
Surging News learned from the press conference that Hangzhou is the first city in the country to promulgate regulations on the management of online catering takeaway delivery, and the "Measures" will be implemented in May this year.
The surging news noticed that the "Measures" have a total of 28 articles, about one-third of which are about the protection of the rights and interests of the delivery staff, involving employment contracts, social insurance, and work salary rules.
"As a new employment form, online delivery workers belong to a disadvantaged group in the online catering takeaway industry chain, so the protection of the legitimate rights and interests of online delivery workers is the key content of the Measures," said the relevant person in charge of the Hangzhou Municipal Market Supervision Bureau.
The "Measures" make it clear that platform operators, catering providers and independent online delivery staff, food delivery operators and online delivery staff, who meet the conditions of establishing labor relations, shall conclude employment contracts according to law and participate in social insurance;If it does not fully comply with the establishment of labor relations, a written agreement shall be concluded to clarify the rights and obligations of both parties.Guarantee the legitimate rights and interests of online delivery personnel such as work remuneration, rest, and work safety in accordance with the law, and actively guide and support them to participate in social insurance at the place of employment as flexible employees.
If the online delivery staff delivers meals through the online catering service platform but does not fully comply with the establishment of labor relations, the platform operator can participate in single-insurance industrial injury insurance for them, and the social insurance agency shall handle it in accordance with the relevant provincial and municipal regulations; encourage platform operators, catering providers and delivery operators to provide online delivery staff with occupational injury-related commercial insurance plans.
Regarding labor compensation, the "Measures" make it clear that platform operators, catering providers and food delivery operators shall improve the rules for the work compensation of online delivery staff, formulate reasonable single distribution compensation and workload assessment requirements, clarify the time and method of payment of work compensation, and pay it in full on time. If online delivery staff deliver meals on statutory holidays, bad weather, night and other circumstances, platform operators, catering providers and food delivery operators are encouraged to increase the single distribution compensation or give appropriate subsidies.
The relevant person in charge of the Hangzhou Municipal Market Supervision Bureau said at the meeting that the "Measures" also stipulate the management responsibilities of platform operators. "For example, for independent online delivery personnel, it stipulates the platform’s information registration, vocational training management and other responsibilities, and requires the platform to sign a written agreement with it, participate in insurance for it, etc. At the same time, the platform shall not induce or force independent online delivery personnel to register as individual industrial and commercial households to evade the above obligations. This is the first time in China that more specific regulations have been made on the management of independent online delivery personnel."
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