@84 million new employment form workers, the labor contract template is here!

Source: Workers Daily

Recently, the Ministry of Human Resources and Social Security issued the "Guidelines for the Establishment of Labor Contracts and Written Agreements for Workers in New Employment Forms (Trial)", which clarified the latest version of labor contracts and written agreement templates and 16 guidelines for labor The content, method of conclusion and application of contracts and written agreements are clearly stipulated.

At present, relevant departments in Hebei, Guangdong Haifeng, Gansu Linxia, ​​Anhui Fuyang, Jiangxi Jiujiang and other places have made documents public and opened the downloading of reference texts such as labor contracts.

Who is the applicable group?

Who signsthelabor contract and who signs the written agreement?

What specific rights and obligations are involved?

Let’s take a look together ☟☟☟

Applicable to

According to the notice, the new employment form workers referred to in the guidelines refer to those who accept work tasks such as distribution, travel, transportation, and housekeeping services released by Internet platforms based on user needs online, provide platform online appointment services in accordance with platform requirements, and obtain Laborers who are rewarded for their labor.

The enterprises mentioned in the guidelines refer to platform enterprises and platform employment cooperative enterprises.

Signature type

The guidelines stipulate that enterprises should comprehensively consider the degree of independent decision-making of workers in the new employment form on working hours and workload, the degree to which the labor process is subject to management control, and whether they need to comply with relevant work rules and labor disciplines, as well as rewards and punishments, based on the employment facts and labor management level. , the continuity of work, the ability to determine or change the transaction price and other factors, entering into a labor contract with a new employment form worker that is consistent with the establishment of a labor relationship,with a situation that is not completely consistent with the establishment of a labor relationship Workers in the new employment form enter into written agreements.

Signature form

In terms of signing forms, labor contracts and written agreements shall be agreed upon by the enterprise and the new employment form workers, and shall take effect after being signed or sealed by both parties.

If it is concluded in paper form, the enterprise and the employee will each keep one copy. If it is concluded in electronic form, it must meet legal requirements. Enterprises must ensure that workers can use commonly used equipment to view, download, and print the complete content at any time.

When to sign

Regarding the specific signing time of labor contracts and written agreements, the guidelines state:

The enterprise shall conclude labor contracts in accordance with the law with workers in new forms of employment who meet the conditions for establishing labor relations. If a labor relationship has been established but a labor contract has not been concluded at the same time,the enterprise shall conclude a labor contract with the worker within one month from the date of employment. .

Platform companies enter into written agreements with workers in new forms of employment that do not fully comply with the circumstances for establishing labor relations. This agreement can be concluded when the workers register a personal account on the platform, or before the workers perform their work tasks.

Specific content

Labor Contract: Clarify the basic information of the employer and the employee, the term of the labor contract, work content and work location, working hours and rest and vacations, labor remuneration, social insurance, labor protection and other matters, and can agree on a trial period term, training, benefits and other matters.

Written Agreement: Generally includes the basic information of the platform company and workers, order push and confirmation, remuneration, service time and rest, professional security, as well as changes in the agreement, termination and liability for breach of contract, dispute resolution and other matters.

Other provisions

If a platform enterprise entrusts a for-profit human resources service agency to provide human resources management services to workers with new employment forms that do not fully meet the conditions for establishing labor relations, the for-profit human resources service agency can serve as a third party to cooperate with platform enterprises and workers with new employment forms. Negotiate and enter into a three-party written agreement, in which the human resources management and service responsibilities entrusted by the platform company are clarified. The conclusion of a three-party written agreement does not change the main employer responsibilities that the platform company should bear.

This guideline does not apply to individuals who rely on Internet platforms to independently carry out business activities.

The editor checked three model texts including the "Reference Text of Labor Contract for New Employment Form", "Reference Text of Written Agreement for New Employment Form" and "Written Agreement Text for New Employment Form (Three Parties)" and found that the new employment The working hours, social insurance and welfare benefits of formal workers are all clearly stated.

How working hours are regulated

Article 5 of the "Reference Text of the Labor Contract for New Employment Forms" stipulates that Party B's cumulative working hours shall not exceed 8 hours per day and 40 hours per week. Article 8 stipulates that if Party A arranges or agrees to Party B to work overtime, it shall arrange compensatory leave or pay overtime wages in accordance with the law. If Party A continues to dispatch orders after Party B's daily cumulative working time reaches 8 hours, it will be deemed as arranging Party B to work overtime.

Article 12 of the "Reference Text of Written Agreement for Workers in New Employment Forms" stipulates that in distribution, travel and other industries, if Party B receives orders continuously for 4 hours, the system will issue a fatigue reminder and Party A will stop pushing 20 minutes for order.

How to stipulate labor security

Article 13 of the "Reference Text of Labor Contract for New Employment Form Workers" stipulates that both Party A and Party B participate in social insurance in accordance with the law. Party A handles relevant social insurance procedures for Party B and assumes corresponding social insurance obligations. The social insurance premiums paid for Party B shall be withheld and paid by Party A from Party B's salary.

Article 21 of the "Reference Text of the Written Agreement for Workers in the New Employment Form" stipulates that Party A promises to adhere to the principle of algorithmic centering. The formulation of algorithm rules is based on the basic premise of ensuring the safety and health of Party B, and strengthens the Algorithm optimization and safety tips in special situations such as weather.

Document Meaning

In recent years, the number of workers in new employment forms has continued to expand. According to the latest 9th National Workforce Survey, the number of new employment workers in my country has reached 84 million, mainly truck drivers, online ride-hailing drivers, couriers, takeout delivery people and other groups .

The guidelines released this time clearly document the occupational injury protection system in terms of social insurance and welfare benefits to solve the problem of occupational injury protection for employees in new industries and fill the gaps in the current work-related injury insurance system.

Warm reminder

With the introduction of the guidelines, relevant measures from local government departments will also be introduced. Workers in the new employment form will bid farewell to the era of "naked" rights and interests.

At the same time, we remind all workers thatyou should carefully review the content of the model text that has been published to make it clear whether it is a labor contract or a written agreement, understand various risk warnings, rights and obligations in advance, and retain all the proofs when signing the text. Materials.

(Comprehensive sources: Hebei Public Recruitment Network, local government websites, etc.)