General Secretary Xi Jinping emphasized: "Adherence to the right to subsistence and the right to development is the basic human right." Safeguarding the rights and interests of workers in terms of labor remuneration, labor protection, and rest and vacation is the inherent requirement and essential content maintaining workers' right to subsistence and the right to development. This year's "Government Work Report" proposes: "Strengthen the protection of the rights and interests workers in flexible employment and new employment forms." In recent years, China's digital economy has been continuously developing and growing, and new employment forms represented by platform work have also rapidly developing, with the scale of practitioners continuously expanding. New employment forms have played an important role in stabilizing employment and ensuring people's livelihoods, but they also face new and challenges in protecting the rights and interests of workers. To follow the Chinese path for the development of human rights and always adhere to the human rights concept that focuses on the people it is necessary to strengthen the protection of the rights and interests of workers in new employment forms in a timely manner and effectively safeguard the right to subsistence and the right to development of.
Adhere to the unity of upholding the status quo and innovation. Unlike traditional employment forms, workers in new employment forms have more autonomy and flexibility in their work. example, delivery workers and ride-hailing drivers in new employment forms have greater autonomy in choosing their working hours and locations; at the same time, platform enterprises can use algorithms to effectively instruct, supervise, and assess workers' work processes. To strengthen the protection of the rights and interests of workers in new employment forms, we need to adhere to the status and fully rely on the existing labor legal system to maintain the basic rights and interests of workers in terms of wages, working hours, and social security; we also need to innovate actively expand the thinking of rights protection, adopt new measures and methods in the way of protection, and help the digital economy and platform enterprises to continue to develop healthily. For, we should enrich the toolbox of laws, in addition to implementing relevant labor law norms, we should also play the role of administrative guidance and other soft measures, and for the employment forms that are still in constant change, we should not only regulate their development but also leave room for their commercial innovation. Further expand the way of rights protection. For example, workers who cannot establish labor relations and cannot apply for industrial injury insurance systems, China has launched a pilot project for occupational injury insurance for new employment forms. When platform enterprises handle occup injury insurance for workers in new employment forms, they adopt a charging method based on orders and declare and pay fees on a monthly basis according to the number of orders, without taking total wages as the base for payment, which promotes the solution to the problem of unbalanced and insufficient occupational injury insurance
Promote the coordinated efforts of legislation, administration, and judiciary. The protection of the rights and interests of new employment form workers covers aspects of the rights and interests of workers. It must adhere to systemic thinking, strengthen the coordinated cooperation of the legislative body, administrative body, and judicial body, and form a synergy to protect the rights and interests of new employment form workers. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi at its core has made scientific deployments and taken effective measures in all aspects of legislation, administration, and judiciary to effectively implement all work related to the protection of the rights and interests of employment form workers. In terms of legislation, the Standing Committee of the National People's Congress revised the Law on Safety Production in 2021, incorporating platform employment into the of adjustment, stipulating that "new industries and fields such as platform economy shall, in accordance with the characteristics of their industries and fields, establish and improve the comprehensive safety production responsibility, strengthen the safety production education and training of employees, and fulfill the relevant safety production obligations prescribed by this law and other laws and regulations," providing legal basis for preventing and reducing injuries of new employment form workers. Administrative bodies have also taken positive actions, issuing a series of normative documents to promote platform enterprises in safeguarding the rights and interests of new employment workers. For example, in 2021, the Ministry of Human Resources and Social Security, together with the National Development and Reform Commission and other departments, jointly formulated theOpinions on Maintaining the Labor Protection Rights and Interests of New Employment Form Workers," which stipulates the implementation of fair employment systems, elimination of employment discrimination, establishment of wage and payment guarantee systems, improvement of rest systems, and clarification of labor quota standards in the industry, promoting the improvement of the protection of the rights and interests of new employment form. Judicial bodies have also provided legal guidance for the identification of labor relations in new employment form labor disputes by issuing special guiding cases