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general provisions

Article 1 These Guidelines are formulated in accordance with relevant national laws, regulations and policies in order to support and standardize the development of new forms of employment and safeguard the rights and interests of workers in new forms of employment in terms of rest and labor remuneration.

Article 2 The workers in the new employment form referred to in these Guidelines mainly refer to the workers who accept online distribution, travel, transportation, housekeeping services and other work tasks issued by the Internet platform, provide platform online services according to the requirements of the platform, and obtain labor remuneration through labor. The enterprises mentioned in the Guidelines refer to platform enterprises and platform employment cooperation enterprises.

Chapter II Working Hours and Rest

Article 3 Enterprises shall formulate and improve the rest measures for workers in new forms of employment, scientifically determine the workload and labor intensity of workers, ensure that workers get the necessary rest time, prevent workers from overwork, and ensure the health of workers.

Article 4 The daily working hours of workers in new forms of employment include the accumulated time of receiving orders on the current day and the extended time determined by taking due account of the workers' necessary online waiting orders, service preparation, physiological needs and other factors. If the enterprise explicitly requires the new employment workers to go to the designated place for routine management at the designated time or online time, the online time and offline time required by the enterprise for routine management shall be included in the working time.

Order receiving time refers to the total time from the time when the employee executes the order task to the time when the task is completed. If a worker receives two or more orders at the same time, the time of receiving orders will not be calculated repeatedly. Due to the nature and characteristics of the operation, if the laborer can obtain a continuous long rest time during the execution of the order task within the order receiving time, the rest time may not be included in the working time.

The extension time shall be reasonably determined through equal consultation between the enterprise and the trade union or representatives of workers in the new employment form in combination with the actual situation of the industry.

Article 5 The representatives of enterprises and trade unions or workers in new forms of employment shall, in accordance with the spirit of laws and regulations and industry management regulations, and in combination with the characteristics of the industry and the actual situation of the enterprise, reasonably determine the maximum continuous order receiving time and the maximum daily working hours of workers in new forms of employment through equal consultation. If the laborer reaches the longest continuous order receiving time and the longest daily working time, the system should push the rest prompt and stop pushing the order for a certain time. If the employee is in the process of executing an order task at that time, the duration of stopping pushing an order will be calculated after the order task is completed.

Article 6 An enterprise shall establish a standing book for the working hours and order receiving times of workers in the new employment form, so as to ensure that workers can independently query their own working hours, order receiving times and other complete records through the application program.

Chapter III Labor Remuneration

Article 7 Enterprises and trade unions or representatives of workers in new forms of employment shall, in combination with the characteristics of the industry and the actual situation of the enterprise, negotiate on an equal basis to formulate rules on the labor remuneration of workers in new forms of employment, clarify the labor quota standards, percentage, unit price per piece, labor remuneration payment cycle, assessment methods, etc., and ensure that workers in new forms of employment can provide labor and obtain reasonable labor remuneration.

Article 8 The minimum hourly wage standard set by the people's government of the place where the laborer actually works shall apply to the laborer in the new employment form that does not fully meet the conditions of establishing labor relations but the enterprise conducts labor management on the laborer.

Article 9 Where a newly employed worker works on a statutory holiday, the enterprise shall pay the worker reasonable remuneration higher than the remuneration for normal working hours.

Article 10 The enterprise shall pay the labor remuneration to the workers in the new employment form in the form of currency, and shall not pay in kind or securities instead of currency.

Article 11 The enterprise shall pay the labor remuneration of the workers in the new employment form in full and on time, and shall not withhold or default without reason. When the enterprise pays the labor remuneration, it shall provide the laborer with its own list of labor remuneration.

Article 12 The platform enterprises shall supervise the employment cooperative enterprises to pay the labor remuneration of workers in new employment forms in full and on time.

Chapter IV Supplementary Provisions

Article 13 The rest and the application of the minimum wage standard of the newly employed workers who meet the conditions of establishing labor relations shall be implemented in accordance with the Labor Law of the People's Republic of China, the Minimum Wage Regulations and other laws and regulations.

Article 14 These Guidelines are not applicable to individuals who rely on the Internet platform to carry out business activities independently.

Article 1 These Guidelines are formulated in accordance with relevant national laws, regulations and policies in order to guide platform enterprises to formulate and revise labor rules for workers in new forms of employment in accordance with the law, and ensure the right to know and the right to participate of workers in new forms of employment.

Article 2 The workers in the new employment form referred to in these Guidelines mainly refer to the workers who accept online distribution, travel, transportation, housekeeping services and other work tasks issued by the Internet platform, provide platform online services according to the requirements of the platform, and obtain labor remuneration through labor. The enterprises mentioned in the Guidelines refer to platform enterprises and platform employment cooperation enterprises.

Article 3 The labor rules referred to in these Guidelines refer to the rules and regulations, standard contract terms, algorithm rules, etc. that platform enterprises organize newly employed workers to provide online services and conduct job scheduling and labor management.

Article 4 The platform enterprises shall follow the principles of legality, fairness, impartiality, transparency, rationality, honesty and credibility when formulating or revising the platform labor rules, and perform democratic procedures according to law.

Article 5 Platform enterprises shall disclose the rules and regulations, standard contract terms, algorithm rules and their operating mechanisms directly related to the basic rights and interests of workers, such as order distribution, remuneration and payment, working hours and rest, occupational health and safety, and service specifications, to workers in new forms of employment relying on the platform. Including but not limited to:

（1） Rules for the entry and exit of workers from new employment forms;

（2） Platform order allocation rules, including the basic principles of order allocation, order priority allocation or differential allocation rules;

（3） Compensation rules, including piecework unit price and determination factors, proportion and determination factors, compensation composition, payment cycle, payment method, etc;

（4） Working hours and rest rules, including requirements for task completion time limit, its determination basis and main influencing factors, and restrictive provisions on the maximum accumulated working hours per day (or week/month), stop pushing orders and rest to prevent fatigue;

（5） Reward and punishment rules, including service requirements and specifications, assessment system, conditions, methods and standards of reward and punishment, grievance channels of workers, procedures for enterprises to deal with grievances, results feedback methods, etc;

（6） Other rules directly related to the vital interests of workers.

Article 6 If a platform enterprise formulates or amends labor rules directly related to the rights and interests of workers in a new form of employment, it should openly solicit opinions from workers in advance through application pop-up windows and other obvious ways, fully listen to the opinions and suggestions of trade unions or workers' representatives, and inform workers of the adoption. It shall be publicized to workers at least seven days in advance before implementation.

Article 7 If a platform enterprise intends to adjust its business mode or formulate or revise labor rules that have a significant impact on the rights and interests of workers in the new employment form, and if it understands or should understand the major system and rule adjustments of the platform employment cooperative enterprise involving the rights and interests of workers in the new employment form, it should carry out risk assessment, And report to the local human resources and social security administrative department and relevant competent departments seven days in advance to listen to opinions and suggestions.

Article 8 The platform enterprises shall, in clear and understandable language, truthfully and accurately publicize relevant content in prominent places such as applications, so as to ensure that workers in new forms of employment can easily view the complete content at any time, and provide channels for feedback on relevant opinions and suggestions.

general provisions

Article 1 These Guidelines are formulated for the purpose of improving the mechanism for safeguarding the rights and interests of workers in new forms of employment, unblocking the channels for safeguarding their rights, resolving labor disputes involving new forms of employment in a timely, convenient and high-quality manner, earnestly safeguarding the rights and interests of workers in new forms of employment, and promoting the sustainable and healthy development of the platform economy.

Article 2 The government administrative departments, courts, trade unions, enterprise representative organizations, platform enterprises, etc. should constantly explore and innovate the labor rights protection service methods that are suitable for the characteristics of the new employment form, and improve and optimize the labor rights protection service for the new employment form.

Article 3 Workers in new forms of employment shall reasonably express their demands according to law when safeguarding their own rights and interests, and shall not take illegal and radical forms.

Chapter II Internal Labor Dispute Resolution Mechanism

Article 4 Platform enterprises should establish and improve the normalization communication mechanism with new employment workers and the appeal mechanism for new employment workers, and unblock online and offline communication channels.

Article 5 Workers in new forms of employment can reflect their opinions and suggestions on the platform labor rules or other reasonable demands to the platform enterprises, which should carefully listen to and respond.

Article 6 Workers in the new employment form who believe that the platform employment cooperative enterprise infringes their legitimate rights and interests may complain to the platform enterprise. Platform enterprises should actively check and coordinate. If the situation is true, urge the employing cooperative enterprises to make timely rectification.

Article 7 Workers in new forms of employment who have objections to the remuneration calculation, service duration, service fee deduction, rewards and punishments, and management services of the platform employment cooperative enterprise, or who are bullied or harassed in the workplace, can report or appeal to the platform enterprise. The platform enterprise should respond within the promised time and deal with them fairly.

Article 8 When workers in the new employment form think that their labor rights and interests have been infringed, they can give priority to negotiating with the enterprise, or ask the trade union or a third party organization to negotiate with the enterprise.

Article 9 Platform enterprises are encouraged to establish an internal labor dispute mediation committee with the participation of trade union representatives, representatives of workers in new employment forms and enterprise representatives to provide mediation services for labor disputes involving workers in new employment forms. When the workers in the new employment form think that their labor rights and interests have been infringed, they can propose to the enterprise labor dispute mediation committee. The mediation committee shall verify the situation in a timely manner, coordinate the enterprise to make rectification or make explanations to the workers.

Chapter III Trade Union Rights and Interests Maintenance Services

Article 10 Workers in new forms of employment have the right to join trade unions. Trade union organizations should actively absorb workers in new forms of employment to join the trade union.

Article 11 Trade union organizations shall timely help workers in new forms of employment to solve difficulties in life and work. If workers in the new employment form encounter difficulties in life and work, they can request support and help from their trade union organizations or local trade union organizations.

Article 12 The trade union organization shall supervise the performance of employment responsibilities by platform enterprises and platform employment cooperative enterprises. If the platform enterprises and the platform employment cooperative enterprises violate the laws, regulations and policies related to the protection of workers' rights and interests in the new employment form, the trade union organization should put forward opinions or request correction. Workers in new forms of employment can reflect their opinions and suggestions on enterprise labor management to trade union organizations. The trade union organization shall collect the opinions of the workers in the new employment form and feed back to the enterprise in a timely manner. The enterprise shall promptly study and give a reply to the opinions and suggestions put forward by the trade union and collected by the workers in the new employment form.

Article 13 The trade union organization shall promote the platform enterprises to establish a normalized communication and negotiation mechanism, and represent or organize workers in new employment forms to communicate and negotiate with the platform enterprises on matters involving the vital interests of workers, and conclude collective contracts or agreements. Workers in new forms of employment have the right to participate in symposiums, collective negotiations and other activities between trade unions and enterprise organizations. Platform enterprises and platform employment cooperation enterprises should provide convenient conditions.

Article 14 If a worker in a new form of employment believes that a platform enterprise or a platform employment cooperative enterprise infringes on his or her own labor rights and interests and applies for labor dispute arbitration or brings a lawsuit to the people's court, he or she may apply to the trade union for legal aid and other services.

Article 15 Workers in new forms of employment may apply for coordination and settlement of rights and interests protection issues at nearby service stations established by trade union organizations, etc.

Chapter IV Rights and Interests Maintenance Services of Relevant Departments and Institutions

Article 16 In case of a dispute between a newly employed worker and an enterprise, he or she may apply to the people's mediation committee and various professional labor dispute mediation organizations at all levels for mediation. The mediation agreement reached through mediation shall be legally binding and the parties shall perform as agreed. If it meets the conditions, it can apply to the people's court for judicial confirmation or apply to the labor dispute arbitration institution for replacement.

Article 17 If the mediation fails or the parties are unwilling to mediate after a dispute occurs, and it is within the scope of accepting cases of labor disputes, the newly employed workers can apply to the labor dispute arbitration institution in the actual place of work for labor dispute arbitration. If it does not meet the scope of accepting cases of labor disputes, the newly employed workers may file a lawsuit with the people's court, which shall accept it according to law.

Article 18 The newly employed workers can report and complain to the administrative department of human resources and social security for matters that meet the scope of labor security supervision. The local human resources and social security administrative departments should unblock the reporting and complaint channels, timely accept the reports and complaints of new employment workers, and safeguard the legitimate rights and interests of workers according to law.

Article 19 Workers in new forms of employment may apply to legal aid institutions for legal aid according to law. Legal aid institutions are encouraged to set up legal aid stations or contact points in the places where workers in new forms of employment work or rest, provide legal aid services nearby, open "green channels" for legal aid for workers in new forms of employment, and provide convenient and efficient services.

Article 20 All localities should actively build a diversified mediation mechanism for labor disputes in new employment forms, and strengthen the coordination and linkage between labor and personnel dispute mediation and people's mediation, administrative mediation, and judicial mediation.

Encourage qualified places to explore and innovate the mediation mechanism for labor disputes in new forms of employment, connect courts, human resources and social security, judicial administration, trade unions, enterprise representative organizations and other dispute resolution resources, and establish a "one-stop" dispute mediation agency for new forms of employment.

Encourage cities, districts, counties, towns and sub districts where workers in the new form of employment are concentrated, as well as counties, towns and sub districts where conditions permit, to unite relevant resource forces to establish a diversified settlement center for labor disputes in the new form of employment that integrates consultation and mediation, dispute mediation, labor arbitration, legal aid, and professional adjudication.

Article 21 Workers in new forms of employment who have difficulty in living and need assistance may apply to the relevant departments for assistance.

Chapter V Supplementary Provisions

Article 22 These Guidelines are not applicable to commercial disputes involving new forms of employment.