Written by: Lin Jian
Last update date: 2021-06-15 19:50
Food delivery platforms have become popular in recent years. Under the epidemic, the demand for food delivery has increased sharply, attracting many people to join as casual workers. However, whether the delivery staff are "employees" and whether they are protected by the Employment Regulations is also a cause for concern.
Lu Chung-hsiung, a member of the Labour Legislative Council of the Federation of Trade Unions and chairman of the Human Resources Committee, recently tried to work as a one-day takeaway. He worked for three hours to experience the work of a takeaway. In the process, he almost collapsed many times.
The Human Affairs Committee of the Legislative Council held a meeting today (15th) to discuss the rights and benefits of digital platform workers and casual workers. Many members were concerned about the issue of "fake self-employment" on food delivery platforms.
The Deputy Director of the Bureau of Labor and Welfare, He Qiming, kindly advised his party members at the beginning: "Watch the road carefully, and don't be a servant."
However, Lu Songxiong did not keep his hands when speaking, criticizing He Qiming for not understanding the exploitation faced by the delivery staff, and even rebuking He Qiming: "You are the original intention? Why don't you do it yourself (the delivery staff)?"
The establishment questioned the government's inability to protect digital platform workers
Several committee members mentioned that the "fake self-employment" problem of food delivery platforms is serious. The DAB Zheng Yongshun said that he appreciates Lu Songxiong's personal experience of the hardships of food delivery workers. He said that these food delivery platforms are quite profitable and have the ability to hire well-known people. Big celebrity endorsements.
He criticized the government for "no data, no policies, and no guarantees" for such digital platform workers, and asked whether the government has provided more guidelines on what is meant by "employees".
The DAB also pointed out that the government has no timetable for plugging loopholes in these laws. The answer to the question is exactly the same as in October last year. He believes that it needs to be "strongly condemned."
He Qiming responded that it will depend on work control, whether the company provides equipment, and whether financial risk factors are to be assumed. The bureau is discussing with the Census and Statistics Department, hoping to conduct a thematic study on this topic. Under the current law, the differences are Whether workers are protected by the Employment Ordinance.
In the end, he even pointed out to Lu Songxiong: "I hope that the chairman (Lu Songxiong) will watch the road carefully and not his servants." This caused a roar of laughter.
Talking about the "digital control" of the digital platform Lu: Obviously you have understood it before, do you want to avoid it?
When Lu Songxiong spoke, he did not "keep his hands". First, he asked He Qiming how much he knew about the "digital control" and "performance management" of these food delivery platforms.
He Qiming cited the situation of "digital control" in the Mainland, and pointed out that there is usually a "labor company" in the Mainland to coordinate these digital platforms and their workers. In fact, it is difficult for workers to "push orders", but it is easier for Hong Kong to "push orders". a little.
Lu Songxiong heard this sternly, saying that the situation in Hong Kong is also very serious. For example, when he was a foodpanda takeaway, if he saw some takeaway tasks that were far away and did not take orders, he would be deducted if the order rate fell below a certain level. Remuneration for each order: "I did 3 hours, and I received 80 mosquitoes, which was below the minimum wage." In other words, "push orders" will be punished in practice. They think these are "digital controls." The delivery staff actually There is no "work control".
He even criticized He Qiming for not understanding the market for takeaways: "Associate Director, as far as I know you should have understood it before (digital control), how do you want to avoid the problem? Are you trying to save yourself from the original intention? Are you going to be a takeaway (a takeaway), or ask your colleagues to do it?" He Qiming responded with a slight "suffocation", which only means that the Labour Department will mediate relevant cases and understand whether these digital platforms constitute workers "Pressure" and so on.
At the meeting, Guo Weiqiang from the Federation of Trade Unions proposed a motion asking the government to study the labor status and rights protection of gig workers working on digital platforms, and formulate policies as soon as possible to respond to the impact of gig economy development on current labor relations and labor security. The committee members supported it. .
During Lu Songxiong's concluding speech, he lamented: "There are always gray areas in the interpretation of laws, but should you (the government) deal with it first?" I hope the government will have a more active role in intervention.
In response to questions, I want to turn to the Deputy Director for a reply. Lu: Ask you, Deputy Bureau!
The meeting also dealt with the report on the relationship between the death of an employee at work (commonly known as "death from overwork") and the work situation commissioned by the Occupational Safety and Health Bureau by the Labor Department in October 2017.
The report mentioned that 200 local related cases have been studied. Most of the cases (104 cases) reported a known history of chronic diseases. Another 62 autopsy reports showed that the deceased had other conditions that increased the risk of cardiovascular and cerebrovascular diseases.
In addition, all of the 44 cases where the deceased was classified as "long working hours" involved personal health risk factors.
The Labour Department believes that there are many causes of cardiovascular and cerebrovascular diseases, involving both work conditions and non-work conditions. It will strengthen its efforts to promote awareness of risk factors related to cardiovascular and cerebrovascular diseases to employers and employees in the work environment. .
The content of the report also aroused dissatisfaction among many members. They believed that the government should at least carry out further research, and in the future, it was clear under what circumstances might be related to "death from overwork.
Lu Songxiong once again spoke and attacked. Even if the employee died in the workplace, even if he had a physical problem, it was probably due to the accumulation of long working hours or work as an "inducing factor. I think the government needs to design a clear definition in the future, otherwise the issue will be discussed." It's not over. He said to He Qiming again: "If you study philosophy in the deputy bureau, you should know that "many causes" does not mean "no relationship"." He Qiming once wanted to give the deputy director of the labor department, Liang Yongen, to answer on his behalf. , Lu Songxiong expressed dissatisfaction: "Ask you, deputy bureau!" He Qiming later said that the government has not absolutely ruled out the relationship between working hours and employee deaths.
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