Measures to protect gig workers commendable

Editor's note: Earlier this month, the Ministry of Human Resources and Social Security released a set of draft measures, jointly formulated by the ministry and six other departments, to promote the protection of the rights and interests of workers in new forms of employment. Making money by handling orders dispatched by internet platforms according to the platforms' rules, these workers include food delivery riders and ride-hailing drivers. The draft is open for public comments until Nov 8. China Central Television spoke to Shen Jianfeng, head of the center of labor law and social security law studies at the Central University of Finance and Economics, about why such measures are necessary. Below are excerpts of the interview. The views don't necessarily represent those of China Daily.

Many workers in new forms of employment find themselves "trapped in algorithms", as their workload and earnings are largely determined by algorithms of the internet platforms they work for. This has been a prominent challenge for new forms of employment.

As part of efforts to address it, some platforms previously adopted new rules to exclude the time delivery riders spend waiting at red lights from algorithmic calculations. Now, the newly drafted measures also contain provisions which aim to ensure that algorithms operate for good.

Of course, algorithms themselves are highly complex and dynamic. For this reason, the draft measures mainly serve as general guidance, providing frameworks and tools for algorithm regulation.

Negotiations between the platforms and their workers are needed to make sure the specific content of algorithms is fair and reasonable.

Recently, many platforms have moved toward offering workers greater incentives. For instance, some platforms award them points and performance ratings instead of imposing fines arbitrarily, and grant more orders to good performers. Penalties are not always the only solution; incentives can serve as an effective alternative.

Also, penalties should be relevant to, and commensurate with, the misconduct. Severe punishments for minor violations and reliance on fines as a substitute for proper management should be avoided.

All stakeholders have a role to play in extending insurance coverage to workers in new forms of employment. First of all, both the workers and the platforms need to correctly understand the function of social insurance. It is a mechanism that helps individuals mitigate future risks. It carries great value for market entities, and plays an important part in maintaining sound order in society.

The government needs to roll out premium contribution mechanisms tailored to platform workers as soon as possible to encourage the workers and the platforms to participate in pension and medical insurance and access corresponding benefits.

Trade unions in China have long played a significant role in safeguarding the rights and interests of workers in new forms of employment.

The formulation of the measures is significant. As a regulation jointly designed by several government departments, the measures set out extensive legal liabilities to enforce rules covering minimum wages, reasonable working hours and data security. Looking ahead, higher-level legislation should be promoted, because it carries greater authority and can tackle more substantive issues.