3.1 Superficial protection: A superficial approach to labor protection with clothing, equipment and safety tips
The question of occupational safety answers the question of what kind of protection the delivery riders receive in the course of their work to ensure their safety and health. For this purpose, the panelists used three types of indicators: “Whether there are labor safety, health facilities, and labor protective equipment in the labor work?”, “Have you received labor protection under special circumstances such as adverse weather conditions?”, and “What specific forms of labor safety protection do you have?” (The third category is based on the first and second categories of indicators) to examine the safety and health of delivery riders in the course of their work. It should be noted that the above three categories of indicators refer to the protection provided by the employers for the food delivery riders, excluding the case where the riders purchase their own protective equipment. Due to the immediacy and special nature of food delivery work, delivery riders face high risks in the work process and belong to a group of people prone to occupational injuries. Therefore, it is urgent and necessary to ensure the safety and health of food delivery riders during food transportation. Here, labor safety refers not only to innovations at the level of delivery equipment for delivery riders, but also to the protection of delivery rules, potential risks and safety awareness. The 2022 Meituan Rider Rights and Social Responsibility Report released by Meituan Research Institute shows that in order to guard and protect the personal safety of delivery riders, Meituan has made comprehensive efforts to improve the work safety coefficient of delivery riders from multiple perspectives, such as technology equipment, delivery rules, fire risks, safety awareness, and police and corporate governance according to the daily workflow and habits of riders[10], with the following specific measures: 1) innovate technology equipment, customize intelligent helmet and develop helmet detection function, and effectively improve the helmet rate of riders; 2) optimize the delivery rules, promote the six algorithm rules to the riders, so that they can deliver goods in a comfortable way; 3) prevent air fire risks, regulate the use of rider battery and charging equipment, and issue coupons for riders to change electricity; 4) improve safety awareness, traffic safety main training, and popularize traffic safety knowledge to new riders; 5) explore joint management by police and enterprises, and take the initiative to carry out joint road violation persuasion activities with public security authorities. In addition, with the spread of COVID-19, food delivery riders need to safeguard their own safety to avoid being infected by the virus. Therefore, employers need to provide riders with timely vaccinations, masks and protective clothing and other epidemic prevention materials, while supervising riders to do a good job of cleaning and disinfecting food delivery tools. However, this is not the case in reality. Research data (Table 3) shows that just under 80% of food delivery riders, or 79.26%, receive labor protection during their work. In special circumstances such as bad weather, the percentage of this segment drops again to 70.37%. Among the specific forms of labor protection, superficialized forms of protection represented by clothing and equipment and safety tips dominate, accounting for 48.60% and 24.61%, respectively, while the proportion of prevention items and safety knowledge training also accounts for less than one-sixth of the total sample. In addition, about 10% of the food delivery riders still think they do not need labor protection during labor or in bad weather, which indicates their weak awareness of self-protection and to some extent increases their risk of experiencing occupational injuries. The above data suggest that there is inequality in social rights of food delivery riders at the level of labor safety. On the one hand, the immediate food delivery work exposes food delivery riders to higher visual occupational risks, while the protective equipment provided by employers does not cover all food delivery riders, and this difference in welfare between the same occupations suggests that employers take an inclusive and prudent approach to the physical and mental health of food delivery riders. On the other hand, the incidence of bad weather and the spread of COVID-19 have exacerbated the instability of food delivery riders' income and work, making them a vulnerable group that is more susceptible to viral infections. The digital platform has not taken effective measures to protect the safety of riders, only a small number of platforms issued epidemic supplies such as masks and alcoholic disinfectant for riders. Most platforms still provide protective supplies such as helmets, clothing, safety tips, and other superficial protective facilities. This superficial labor protection also does not match the high-risk and high mobility occupational characteristics of food delivery riders.
Table 3 General overview of labor safety protection for food delivery riders
Question
|
Option
|
Quantity
|
Percentage(%)
|
Q1:Whether there are labor safety and health facilities and labor protective equipment in the labor work?
|
- Yes
- No
- The work performed is not dangerous
|
321
48
36
|
79.26%
11.85%
8.89%
70.37%
24.94%
4.69%
|
Q2:Have you received labor protection under special circumstances such as adverse weather conditions?
|
- Yes
- No
- Don’t need
|
285
101
19
|
Q3:What specific forms of labor safety protection do you have?
|
- Helmets, clothes and other equipment
- Fluorescent signs, safety tips and other information
- Mask, alcohol and other prevention materials
- Safety knowledge training
|
156
79
30
56
|
48.60%
24.61%
9.35%
17.44%
|
Data source: compiled by the subject group
3.2 Disembedded protection: Incomplete coverage based on medical insurance and work injury insurance
Considering that occupational injury involves complex protection processes such as work injury, work injury recognition, occupational rehabilitation, and medical care, in order to ensure the comprehensiveness of the research subjects, the subject group used “What types of basic medical insurance do you participate in?”, “Have you participated in work injury insurance?” , and “Why don't you participate in basic medical insurance or work injury insurance?” (The third category is based on the first and second categories of indicators) as specific references for measuring the basic occupational injury coverage for food delivery riders. Therefore, the basic occupational health protection mentioned in this paper refers to whether the delivery riders participate in the work injury insurance and medical insurance enforced by the national law, and enjoy the basic protection measures that go along with it. As the basic item of the social insurance, the medical insurance and the work injury insurance can compensate workers for economic losses caused by illness or major risks, while eliminating social instability caused by them, and play an important role in promoting social equity and maintaining social stability. In July 2021, the Ministry of Human Resources and Social Security, the National Development and Reform Commission, the Ministry of Transport, and other eight ministries jointly issued The Guidance on Safeguarding the Labor Security Rights and Interests of Newly Employed Workers (No. 56 [2021]), which made a number of institutional arrangements, including “Localities should liberalize the household registration restrictions for flexibly employed workers to participate in basic pension and basic medical insurance in their place of employment, and improve policies related to basic pension insurance and medical insurance”[11]. It provides policy guidelines for food delivery riders to join basic medical insurance. However, this is not the case in reality. The China Youth Development Report (No.6): The Development of New Occupations Based on the Internet Platform reveals that the “post-80s” and “post-90s” are the mainstream of new occupations, but due to the bundling of labor relations and social insurance, the majority of new occupations are unable to participate in the urban employees’ insurance policies[9]. The research data of the group (Table 4) shows that the participation characteristics of food delivery riders are fragmented and disconnected. At the level of basic medical insurance, 68.64% of the total sample of delivery riders participated in it, of which 18.27% were Basic Medical Insurance for Urban Employees and 50.37% were Basic Medical Insurance for Urban and Rural residents, and more than one-third of the riders still did not participate in basic medical insurance. At for the level of work injury insurance, less than 40% of the delivery riders participated in work injury insurance, while the proportion of uninsured riders accounted for 65.19% of the total sample. Further investigation revealed that low personal income and inability to pay insurance premiums were the main reasons why delivery riders did not participate in basic medical insurance or industrial injury insurance, accounting for 54.48%, followed by complicated filing procedures, difficulties in transferring and transferring from one place to another, and failure of the employer to fulfill its obligation to pay premiums, while only 1.79% of the total sample relied on family savings for protection. The above data show that the basic occupational injury coverage for delivery riders is incomplete. First, because China's social insurance system still adopts an institutional model tied to labor relations, the flexible, diversified, and short-term platform work cannot match the traditional labor relations-based social insurance supply model with unit participation, and it is difficult for delivery riders to get comprehensive coverage of basic medical insurance and work injury insurance, which makes them vulnerable to financial hardship in case of occupational injuries. Second, because they do not have a formal labor contract with the employer[12]and do not have a stable labor relationship with the company, most of the delivery riders can only participate in the insurance as individuals with flexible employment status or simply do not participate in the insurance, thus increasing their contributions. This institutional constraint and hidden pressure to pay contributions also exclude delivery riders from basic occupational injury protection, and to a certain extent expose them to higher risks. Third, at this stage, social insurance for flexibly employed workers in China is mostly based on their household registration, which is not compatible with the high mobility of workers, coupled with the high cost of individual contributions, complicated reporting procedures, and difficulties in transferring to other places, etc. There are more restrictions for delivery riders to participate in basic occupational injury protection, which greatly reduces their willingness to participate in insurance and violates the social security value of fairness and justice.
Table 4 General overview of basic occupational health insurance for food delivery riders
Question
|
Option
|
Quantity
|
Percentage(%)
|
Q1:What types of basic medical insurance do you participate in?
|
- Basic Medical Insurance for Urban Employees
- Basic Medical Insurance for Urban and Rural residents
- Uninsured
|
74
204
127
|
18.27%
50.37%
31.36%
|
Q2:Have you participated in work injury insurance?
|
- Yes
- No
|
141
264
|
34.81%
65.19%
|
Q3:Why don't you participate in basic medical insurance or work injury insurance?
|
a) Low personal income and inability to afford it
b) Complex filing procedures
c) Full family savings and no need for insurance
d) Difficulties in transferring from one place to another
e) The absence of the employer's obligation to pay contributions
|
213
62
7
54
41
|
54.48%
15.86%
1.79%
13.81%
10.46%
|
Data source: compiled by the subject group
3.3 Contingency remedy: Supplementary protection led by commercial accident insurance is slightly lagging
Since the design of China's work injury insurance system adopts an institutional model tied to labor relations, “labor relations—social insurance relations—work injury insurance” is the basic logic of China’s work injury insurance system design[10], which is not compatible with the complex employment mode of platform enterprises, the strong autonomy of employees, and the weak subordination of personality to platform enterprises. In this context, food delivery riders are excluded from the work injury insurance system and turn to purchase commercial accident insurance or simply do not participate in it. Therefore, this paper considers commercial accident insurance as the main way of supplementary occupational health protection for delivery riders, which, together with the basic occupational health protection mentioned in the previous section, form a safety net to maintain the physical health of delivery riders. Considering this situation, the group uses three types of indicators to measure the specifics of supplemental occupational injury coverage for delivery riders. The three indicators are “Have you participated in supplementary occupational health insurance?”, “What are the channels through which you participate in supplementary occupational health insurance?”, and “What is the reason why you didn’t participate in supplementary occupational health insurance?”. The third one is based on the first and the second. In May 2021, Premier Li Keqiang, at an executive meeting of the State Council, stressed the need to further carry out pilot projects on occupational injury protection for flexibly employed workers on platforms, indicating the need for the construction of a commercial accident insurance system for them. It is reported that Meituan and Eleme have made it mandatory for food delivery riders to buy commercial accident insurance. Take Meituan Rider Accident Insurance as an example, its premium is 3 yuan per day. The rider will automatically deduct 3 yuan from his compensation as long as he takes the order, and the coverage is from the time he takes the order to 23:59 on the same day. It includes death and disability compensation (excluding sudden death), medical expenses (including only the necessary and reasonable medical expenses in the hospital and accidental medical compensation), and triple liability compensation (including third-party personal injury indemnity, third-party accidental injury indemnity and third-party property damage indemnity)[13]. The research data of the group(Table 5) shows that nearly 70% of the food delivery riders have supplementary occupational injury coverage, accounting for 67.65%. At the level of the channels involved in commercial accident insurance, 84.31% of riders purchased it at their platform companies, and only 15.69% of the total sample of riders chose to purchase accident insurance from other insurance companies. It is worth noting that more than 30% of food delivery riders still do not participate in any form of supplementary occupational injury coverage. In the analysis of specific reasons, the high cost of commercial insurance is the main reason preventing riders from participating, accounting for 54.96%, followed by the complexity of the commercial insurance claims process and distrust of commercial insurance companies, with less than 5% of riders relying solely on family savings to provide coverage. The data shows that commercial accident insurance occupies an absolutely dominant position in the supplementary occupational injury protection for delivery riders, and this single form of protection mode also makes the occupational injury protection system for riders fragmented and lagging. On the one hand, commercial accident insurance has the endogenous characteristics of commercial insurance, which is “low contribution, low benefit”. Its level of benefit is linked to the contributions base, so it is different from the “no liability compensation” principle of work injury insurance[11] and results in the survival rights of riders are not effectively protected. On the other hand, compared with the design of the work injury insurance system where the employer bears the responsibility for contributions, commercial accident insurance shifts the responsibility for contributions entirely to the riders. And the higher level of costs and pressure for contributions makes them overwhelmed, resulting in an already precarious income and career that is even more “fragile” and “transient”. In addition, the non-mandatory establishment base in commercial accident insurance contrasts with the younger and more mobile practitioners. Since food delivery riders are mainly young and middle-aged, they are more concerned about their current income and short-term benefits, which will lead to “Reverse Selection”[12]. What’s more, due to the complicated insurance claims and the “negative” brand image of commercial insurance companies, commercial accident insurance is gradually “abandoned” by the riders.
Table 5 General overview of supplementary occupational health insurance for food delivery riders
Question
|
Option
|
Quantity
|
Percentage(%)
|
Q1:Have you participated in supplementary occupational health insurance?
|
- Yes
- No
|
274
131
|
67.65%
32.35%
|
Q2:What are the channels through which you participate in supplementary occupational health insurance?
|
- Purchase in the platform company
- Buy from insurance companies
|
231
43
|
84.31%
15.69%
|
Q3:What is the reason why you do not participate in supplementary occupational health insurance?
|
- Commercial insurance is more expensive than you can afford.
- Commercial insurance claims process is complicated.
- Do not trust commercial insurance companies.
- The family has sufficient savings and does not need to participate in insurance.
|
72
37
17
5
|
54.96%
28.24%
12.98%
3.82%
|
Data source: compiled by the subject group
3.4 Self-help defense: The function of the risk-avoidance approach, in which family, relatives and friends help each other as the priority, is weakened
Considering the incomplete coverage of the basic protection led by medical insurance and work injury insurance and the slightly single and lagging supplemental commercial accident insurance, some delivery riders are still excluded from the occupational injury protection, which defeats the original purpose of the social security system. With the higher volume of orders, higher risks and mobility, delivery riders are much more likely to be exposed to serious accidents than other types of employees. In this context, it is urgent and necessary to explore the ways of avoiding the risk of serious accidents for delivery riders, which is closely related to their social security rights. Therefore, the research group use “What is the risk-avoidance approach you choose when facing serious accidents?” and “What is the reason for choosing this risk-avoidance approach?” as the core elements to measure the preference and confidence of delivery riders in different risk-avoidance approaches in the event of a major risk encounter. The research data(Table 6) shows that in the event of a major accident, mutual assistance from family and friends became the main way of risk avoidance for delivery riders, accounting for 53.33%. Social insurance, self-savings and commercial insurance are followed, accounting for 21.73%, 12.35% and 10.62% respectively, and only 1.97% of the total sample choose to rely on union help to get through the difficulties. In the analysis of specific reasons, the simplicity of the operation process is the primary reason, accounting for more than half of the total, followed by the high level of payment and subjective confidence, accounting for 28.64% and 18.27% of the total sample respectively, and only 2.72% of the riders have no other choice being compelled by the premise to avoid the risk. The data indicates that the risk-avoidance approaches of the riders when they encounter serious accidents are fragmented and disconnected. On the one hand, different forms of risk-avoidance provide more options for delivery riders, and to a certain extent, disperse the risk of serious accidents. On the other hand, the dominance of mutual assistance from relatives and friends among various risk-avoidance methods makes it a fractured distribution. The reason is closely related to the family protection function, which has been the core of traditional Chinese society. As a fundamental institutional arrangement of Chinese national governance, family has important political, economic, social, and cultural functions, and is the first support system for individuals to obtain resources for social services such as upbringing, education, marriage, employment, pension, medical care, and funeral[13]. Therefore, the family protection function is not only reflected in nurturing children and supporting the elderly, but also is the first choice for family members in case of serious accidents. In addition, because family members and friends do not need complicated procedures and processes to help each other, a form of mutual assistance based on “mutual trust” also makes delivery riders prefer family in case of serious accidents. From the ancient Chinese “Bao-Jia” system to the modern household registration system, the family has become the logical starting point for risk avoidance and ethical assurance[14], but its “fragile” structure and informal forms have also greatly weakened its function. Since the Reform and Opening, with the continuous adjustment of Chinese population policy and the influence of modernization trends, the rural population has been moving to the cities, forming a large group of migrant workers, which has led to a smaller and more miniaturized rural family structure. As one of the many groups of migrant workers, delivery riders are caught in the gap between “trying to maintain income” and “trying to avoid risks”, and the huge pressure of life and higher occupational risks make them “overburdened”. It also leads to a weakening of the risk-avoidance of their family. In the event of a serious accident, the preference for “mutual assistance from family” contrasts sharply with the “weakening of family function”. This self-contradictory structural dilemma largely undermines riders’ right to occupational health, while exposing them to higher risks.
Table 6 Choice status of delivery riders when they encounter serious accidents
Question
|
Option
|
Quantity
|
Percentage(%)
|
Q1:What is the risk-avoidance approach you choose when facing serious accidents?
|
- Social Insurance (Medical/Industrial Injury)
- Commercial insurance
- Mutual assistance from family, relatives, and friends
- Self-savings
- Union help
|
88
43
216
50
8
|
21.73%
10.62%
53.33%
12.35%
1.97%
|
Q2:What is the reason for choosing this risk-avoidance approach?
|
- High level of benefits and coverage
- Simple operation process
- Subjective confidence is sufficient
- No other choice being compelled by the premise
|
116
204
74
11
|
28.64%
50.37%
18.27%
2.72%
|
Data source: compiled by the subject group
[10]Meituan.2022 Meituan Rider Rights Protection Social Responsibility Report.
https://waimai.meituan.com/cpc/csrpc/index.html. Accessed 14 April 2023.
[11]China Government Network. Guiding Opinions on Safeguarding the Labor Rights and Interests of Workers in New Employment Patterns. http://www.gov.cn/zhengce/zhengceku/2021-07/23/content_5626761.htm. Accessed 14 April 2023.
[12]The research data shows that only 55.06% of food delivery riders signed labor contracts with their employers, 6.91% and 15.31% of food delivery riders signed labor dispatch contracts and labor outsourcing contracts, and more than one-fifth of food delivery riders still did not sign any labor contracts.
[13]Source: 2021 Meituan Riders' Rights and Social Responsibility Report.