The Ministry of Human Resources and Social Security ("MOHRSS") and Seven Other Authorities have recently issued the Guiding Opinions on Safeguarding the Laborers' Labor Security Rights and Interests in New Employment Forms (the "Opinions").
The Opinions specify that enterprises shall recruit and use employees lawfully, actively perform their employment responsibilities, and assume relevant responsibilities for safeguarding laborers' rights and interests in case of new employment forms under which the conditions for establishing labor relation are met, or such conditions are not fully met but the enterprise conducts labor administration of the laborer. Where a platform enterprise adopts cooperative employment methods such as labor dispatching and outsourcing, it shall assume relevant employment responsibilities jointly with the cooperative enterprise. The Opinions call for improving the systems for fair employment, labor remuneration, rest, labor safety, and social insurance, strengthening occupational injury protection, and improving the mechanism for laborers to raise their demands. In response to the pain points and difficulties faced by laborers under various new employment forms in enjoying labor security public services, the Opinions propose several measures, such as optimizing employment services and social insurance handling.