It is necessary to identify technology motorbike taxi drivers as employees to participate in compulsory social insurance

Nam Dương |

The Ho Chi Minh City Trade Union Workers' Counseling and Support Center will work with relevant parties to propose to businesses a platform for algorithm transparency, promote negotiation mechanisms on discount rates and propose to expand compulsory social insurance for technology car drivers.

93.6% of drivers consider technology driving as their main job

Mr. Phung Thai Quang - Vice Chairman of the Ho Chi Minh City Labor Federation, Director of the Ho Chi Minh City Trade Union Workers' Counseling and Support Center - said that the digital economy and job models through technology platforms are increasingly developing, and technology car drivers are becoming a noteworthy labor force in major cities. Currently, Ho Chi Minh City has about 400,000 technology car and delivery drivers. This model creates job opportunities, income and flexibility, but at the same time raises many issues about occupational risks, work intensity and access to social security.

A quick survey of 141 technology car drivers showed that 93.6% of respondents consider technology driving as their main job; 46.1% work from 8 to 10 hours/day and 35.5% regularly work over 10 hours/day. Because they are only considered partners of platforms, drivers are not required to participate in social insurance or compulsory health insurance, only 73.4% of drivers participate in household health insurance or are supported by trade unions, many people have not participated in any type of insurance, including health insurance.

In particular, 92.9% of drivers want their profession and legal status to be more clearly defined; 87.9% want to have appropriate mechanisms to participate in social insurance policies, to be cared for materially and spiritually, and this is a very legitimate desire to be supported if unfortunately encountering risks and in daily life" - Mr. Quang emphasized.

Mr. Pham Mi Sen, a 2-wheeled technology vehicle driver, said that he has been attached to this job for more than 10 years and also has to undergo certain management and administration from platform businesses. From 10 years ago, he collected more than 3,000 signatures from colleagues to petition that it is necessary to stipulate that technology vehicle drivers are employees (NLĐ) who are subject to compulsory social insurance and health insurance contributions. However, to date, this petition has not been resolved.

Proposal to expand compulsory social insurance for technology car drivers

Assoc. Prof. Dr. Nguyen Duc Loc - Director of the Institute for Social Life Research - said that through a survey of 400 drivers (200 car drivers and 200 motorbike drivers), the income of technology drivers has now decreased to the point that if they participate in voluntary social insurance, their lives will not be guaranteed, but there needs to be sharing from businesses and society. "There needs to be a clear identification for technology car drivers and reasonable income distribution between businesses and technology car drivers and both sides pay compulsory social insurance" - Mr. Loc said.

According to Dr. Dinh Thi Chien - lecturer at Ho Chi Minh City University of Law, confirming whether technology car drivers are employees or not depends on the nature of the relationship, not based on the name. Labor law and social insurance in Vietnam have also stipulated compulsory social insurance contributions in cases where the two parties agree on a contract with a different name, but the content shows paid employment, salary and the management, administration, and supervision of one party.

According to my research, the relationship between technology car drivers and platform businesses has a full element of labor relations. Although there is a certain flexibility, technology car drivers are currently much weaker than ordinary workers. If only relying on voluntary social insurance for technology car drivers who do not have labor relations is not enough, but it is necessary to study the mechanism for compulsory social security contributions with the participation of platform businesses" - Dr. Chien emphasized.

Mr. Nguyen Quoc Thanh - Deputy Director of Ho Chi Minh City Social Insurance - also said that the proposal for technology car drivers to be subjects to compulsory social insurance is in accordance with the Party's guidelines and regulations of current Vietnamese law as well as ILO Convention 193.

From the recommendations, Mr. Phung Thai Quang said that the Ho Chi Minh City Trade Union Workers' Counseling and Support Center will work with relevant parties to propose to businesses a platform for algorithm transparency, promote a negotiation mechanism on discount rates and propose to expand compulsory social insurance for technology car drivers, so that workers are protected commensurately for their contributions to the foundation economy.

Nam Dương
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