Completing social insurance policies for technology drivers and independent workers on digital platforms

Before the proposal to expand compulsory social insurance (BHXH) for technology drivers and independent workers on digital platforms, the issue of determining labor relations and the responsibility to ensure social security rights is receiving attention.

According to Dr., Lawyer Dang Van Cuong (Hanoi Bar Association), it is necessary to correctly recognize the nature of work and the level of dependence of workers on the foundation to build a suitable social insurance participation mechanism.

- Lawyer, how do you assess the issue of social security for freelance workers and technology drivers today?

The development of the digital economy is profoundly changing the structure of the labor market. Besides the traditional job model, more and more people are making a living by flexible jobs, without fixed workplaces, not working office hours and not necessarily signing labor contracts in the usual way.

Technology drivers, delivery staff, freelancers, seasonal workers in the fields of services, commerce and tourism are typical examples.

This model creates many job opportunities, helping workers be proactive in time, taking advantage of personal means and abilities to generate income. However, the flexibility of work does not mean that workers can ensure financial safety against all risks in life.

A technology driver can work many hours a day, regularly participate in traffic, bear pressure on time, fuel costs, vehicle depreciation and order fluctuations. When they have an accident, get sick and have to quit work or are no longer healthy enough to continue working, their income can be interrupted immediately.

In the long term, if they cannot accumulate time to participate in social insurance, they are also at risk of lacking a stable source of income when they are old. In my opinion, it is necessary to recognize that this is not only the story of individual insurance contributions but also the issue of social justice, job quality and the responsibility of actors participating in the labor market.

- Lawyer, if employees work regularly for a technology platform but are identified as independent partners, will there be legal loopholes regarding social security responsibilities?

In my opinion, this is an issue that needs to be seriously studied in the process of perfecting the law.

Labor models on digital platforms have characteristics different from traditional labor relations. Workers can choose their own working hours, but service prices, order distribution, evaluation mechanisms, bonuses, deductions or account locks can be significantly affected by the algorithm and platform regulations. Therefore, it is necessary to avoid two extreme approaches.

First, it is not possible to consider all technology drivers as independent workers just because the contract recognizes them as partners. If in reality there are full signs of labor relations, then the law must be applied according to the true nature of that relationship.

Second, it is not possible to implicitly apply the entire social insurance mechanism for employees working under traditional labor contracts to everyone who uses the platform, regardless of their working time, income level and level of independence.

A full-time technology driver, whose income is mainly from a platform and is significantly dependent on the platform's coordination mechanism, is different from a person who only drives for a few hours a week to earn extra income.

People who both do their main job at the enterprise and receive additional orders on the application also have other problems in determining the basis for payment and coordinating insurance data. If only choosing between two options: compulsory payment according to the traditional model or letting employees completely take care of themselves, the policy may not meet the diverse characteristics of the modern labor market.

Therefore, it is necessary to study a suitable legal mechanism for workers on digital platforms, which clearly defines the group of subjects, conditions for participation, contribution calculation basis, contribution rate, responsibility of the platform and mechanism for protecting rights.

Thank you lawyer for your sharing!

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