#30万以下的理想L6来了#
During the May Day holiday in 2024, Wuhan, the provincial capital city known as the first in the central region, was completely overwhelmed by crowds, and the major tourist attractions, stations, docks, pedestrian streets, and business districts were all overcrowded.
The advantage of having more people is that it greatly promotes local economic consumption, and the disadvantage is that there are traffic jams everywhere. Not only that, a large number of online car-hailing drivers and takeaway platform riders have exploded, due to the peak period of the explosion of orders, the major online car-hailing platforms and takeaways have begun to frequently act as demons, and constantly force their online car-hailing drivers and riders to send orders.
Whether it is an online car-hailing platform or a takeaway platform, if the price is reasonable and on the basis of obtaining the consent of the workers, a large number of orders are distributed, it is not to blame, after all, both parties are willing to do so. However, if the worker clearly refuses, the platform will do its own thing to force the order to be singled out, and it cannot be canceled, and once the cancellation is completed, the responsibility will be counted on the employee.
In view of the new labor model under the Internet + emerging business format, if it is a worker as an employee, that is, we often say that it is similar to online car-hailing drivers, food delivery riders, employees on the Internet and other identity groups. In case of encountering the above situations, how to properly protect their legitimate rights and interests!?
In other words, when the employee explicitly refuses, the employer still requires one person to do the work of two or three people, which is a typical forced or disguised forced worker to increase the workload. According to Article 31 of the Labor Contract Law of the People's Republic of China, "an employer shall strictly implement the labor quota standards and shall not force or indirectly compel an increase in the workload of employees." ”
For example, at 21:13 on April 30, 2024, after Master Cheng, an online car-hailing driver, clearly informed the online car-hailing platform that he refused to accept the carpooling order, the platform still forced him to deliver a large number of carpooling orders in Wuhan Optics Valley. At the same time, the driver is required to pick up an order to Jiangxia within 13 minutes to Optics Valley Pedestrian Street, friends who have been to Wuhan should know that Optics Valley is the most congested location in Wuhan with many cars, and it is like being trapped in it and unable to get out.
Master Cheng, an online car-hailing driver, was also unlucky, from 21:13 to 21:30, exceeding the estimated pick-up time for 7 minutes, he could not reach the starting point of the carpooling passengers.
So, in order to avoid stepping on the pit, Master Cheng, an online car-hailing driver, canceled the order without hesitation, and also reported it on the platform. As a result, the platform did not hesitate to determine that the driver was responsible, and the reason turned out to be a far-fetched statement, that is, 'the driver did not arrive at the designated place.' ’
In accordance with Article 577 of the Civil Code of the People's Republic of China, if one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
According to the Guidelines for the Conclusion of Labor Contracts and Written Agreements for Workers in New Employment Forms (for Trial Implementation) issued by the Ministry of Human Resources and Social Security of the People's Republic of China, the Guidelines further regulate the working hours of flexible employment groups such as online car-hailing drivers and food delivery workers.
Among them, it is worth noting in the Guidelines that it clearly stipulates that "Party B (i.e., online ride-hailing drivers, or other new forms of employment) shall not exceed 8 hours per day and 40 hours per week." At the same time, it is also mentioned that "if Party A arranges or agrees to Party B to work overtime, and increases the workload, it shall arrange compensatory leave or pay overtime wages in accordance with the law." If Party B accumulates working hours every day, or Party A continues to dispatch orders after the workload reaches 8 hours, it shall be deemed to arrange Party B to work overtime. ”
As mentioned above, the platform forcibly increases the workload in disguised form without the consent of the employee, which is equivalent to requiring employees to work overtime in disguise, and if the income does not match the workload and the legal requirements, it is forced labor in serious cases. According to Article 35 of the Labor Contract Law, "the employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. "It is not permissible and illegal for the company to unilaterally change the content of the contract in disguised form without reaching an agreement with the employee.
Therefore, increasing the workload is not inevitable for overtime, and you can't always rely on overtime to complete the work, which is easy to cost the people and money. It is hoped that Internet companies in emerging industries will motivate employees to complete their work more efficiently and create higher value through a set of mechanisms. While making profits, the company is willing to give corresponding incentives to employees. In this way, the interests of employees and enterprises converge to form a win-win situation.