The Foodpanda delivery representative announced the end of the strike after meeting with the management on the evening of Thursday (18th). The labor said that the company responded positively to most of the demands, and the management promised to discuss with the delivery staff regularly and announce the details of the improvement plan later. Implement the timetable.
However, the labor and management did not reach a consensus on the key service fee issues, and the negotiations did not include work-related injury protection issues. It can be expected that the labor-management conflicts between the delivery industry and the platform economy will remain acute in the future.
The labor pattern has long changed, and the government must grasp the situation and clarify the rights and responsibilities of all stakeholders in these emerging occupations to avoid recurrence of conflicts.
He Hongxing, one of the labor representatives and spokesman for the Food and Hotel Workers Union, said that the success of the industrial action was because the couriers were united and forced the company to face problems.
In terms of negotiation strategy, labor may regard the gathering of experts as more important than striving for all demands, so it does not insist on striving for service charges.
The labor side did indeed strive for some results on other issues, such as replacing the straight-line distance calculation service fee with other methods in the short term, reducing the time that the deliveryman waits for the restaurant to place an order, and increasing the compensation for cancellation after the order is delivered. You can go to the office to deal with it in person Complaints, etc., I believe can make up part of the income and make the work process smoother.
Ho Hung Hing, spokesperson for the Food and Hospitality Trades Union, described the success of the industrial operation because the couriers were united regardless of race, and promised to continue to monitor and fight for the rights and interests of the delivery staff. He also thanked the citizens for the delivery staff for the past few days. support.
(Photo by Zeng Fengting)
Traditional employment relationship is out of date
Having said that, the management has not promised to increase service fees and no longer cut service fees, and the labor-management relationship is still unclear.
The service fee is to protect the delivery person's income for each order. In case the service fee is reduced in the future, the earlier increase in income will also be offset.
Furthermore, the 15 demands listed by the laborers this time do not include work-related accident protection and the review of the more basic relationship between the courier and the company. The results of the negotiations can only improve labor's treatment to a limited extent.
From time to time in the past, couriers encountered accidents during the delivery of meals but were not compensated. The Federation of Trade Unions held a press conference with one of the injured on Thursday, saying that Foodpanda did not recognize work-related injury liability because of his self-employed status, and the parties were only covered by accident insurance. The medical expenses of more than one thousand yuan.
The Labour Department responded that it is assisting the person in applying for legal aid.
The Federation of Trade Unions recommends establishing the employer-employee relationship between platform companies and workers so as to clarify the legal liability for accidents.
The society cannot accept that workers are isolated and helpless due to work-related injuries. However, under the technology-led platform economy, enterprises and workers may not be content with the inherent employment relationship, because there are multiple and contradictory relationships of interest.
The gig economy covers a wide range of occupations, with both freedom and flexibility, so many young people are willing to engage in odd jobs for a long time.
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Both parties want to enjoy the benefits but are clumsy at giving
Take-out couriers, online ride-hailing drivers, and other platform workers love the platform's flexibility, ease of entry, and more work. They also hope to get a certain degree of labor protection, especially for the grassroots, so that they will not stop due to injury.
However, most companies only arrange full-time or part-time employees to receive benefits and labor protection, which include certain working hours or retirement accounts.
When workers enter an employment relationship, it will hinder them from engaging in other jobs and daily life, and reduce short-term income.
A Singaporean media reported on the work situation of local couriers a month ago. The "riders" interviewed bluntly stated that they do not need to provide provident funds and think they can plan their own retirement savings. Perhaps Hong Kong colleagues have similar ideas.
On the other side, platform companies like platform workers to prepare their own production tools, and to treat workers as self-employed can save ordinary employee benefits and save a lot of daily expenses.
Secondly, since self-employed persons are not employees, they do not have to deal with labor unions or perform the legal collective bargaining rights in some countries and regions.
However, companies use computer programs to assign duties and rewards and punishments. For example, if they fail to accept orders, they will be deducted from subsequent income or even suspend power. This greatly controls workers' right to choose, and the degree of control is comparable to that of employers over employees.
In this regard, Foodpanda is an obvious example. When the company first entered Hong Kong, the courier was a contract employee, protected by the employment regulations, and enjoyed a basic hourly salary and additional order sharing, but then only the self-employment system was left.
The role of the government is even more important
Societies around the world are exploring the relationship between platform workers and enterprises who are "self-employed or above, but underemployed".
Both sides strive for greater interests, but this is also a source of contradiction.
Under this tension, the role of the government is indispensable, establishing reasonable rights and responsibilities for workers and enterprises, so that they can be followed by law.
Needless to say, platform companies can make money from merchants and subscribers, and they have the ability to raise funds outside of the country. They rarely involve life risks and can take on more responsibilities.
Workers can only earn money from labor, and they have less ability to pay extra guarantees, and there is a chance of injury.
Therefore, the government should require platforms to provide workers with better protection.
Having said that, workers are always different from employees. The government should guide workers to think about their future, such as requiring higher-income earners to provide MPF, and negotiating with insurance companies to design basic accident and medical insurance for platform workers. .
It is believed that the contributions of the three parties of labor, management and administration will help to find a way out for the platform industry.
The platform economy has exploded in labor disputes. The government should start to reform and regulate. Can it let the technology platform eat free meals. Should it be disappointed by the Labor and Welfare Bureau?
