Expanding compulsory social insurance for technology drivers, it is necessary to clarify the responsibility of businesses

Before the proposal to expand compulsory social insurance (BHXH) for technology drivers and groups of workers on digital platforms, clearly defining the responsibility of businesses is important in ensuring social security rights.

Lawyer Tran Thi Thanh Lam (Hanoi Bar Association) said that it is necessary to distinguish between current legal obligations and mechanisms that need to be further researched and improved in the coming time.

- Lawyer, if compulsory social insurance is expanded for technology drivers, how should the responsibility of businesses be determined?

I believe that it is necessary to define the responsibility of businesses in two aspects: current legal obligations and responsibilities that need to be designed in future policies.

For cases where the actual relationship between the business and the driver is identified as a labor relationship subject to compulsory social insurance participation, the business must fully fulfill its obligations according to legal regulations.

For the group of drivers who actually work independently, if the State considers expanding the scope of compulsory social insurance participation, it is necessary to simultaneously specify the responsibilities of the foundation enterprise. It is not advisable to only set contribution obligations for employees without clearly defining the subject responsible for collecting, deducting, paying, comparing and handling when data or contributions are inaccurate.

In my opinion, it is possible to study a contribution mechanism with sharing between employees and the foundation enterprise, with contribution rates and bases designed to suit the characteristics of each labor group.

The contribution of enterprises needs to be considered based on the economic role, level of operational control and benefits that enterprises earn from organizing and connecting service provision. This is a policy improvement recommendation, which does not mean that all platform enterprises are now obliged to pay social insurance instead of independent drivers according to a common rate.

In addition to financial obligations, it is necessary to study the mechanism requiring businesses to provide accurate data on operating hours, payments, etc. In addition, it is necessary to evaluate the effectiveness of implementing existing occupational accident insurance mechanisms, and at the same time study additional solutions suitable to the specific nature of the work and the level of risk of foundational labor.

- In addition to social insurance, according to the lawyer, how should technology drivers and digital workers be protected to ensure comprehensive social security?

First, it is necessary to ensure health insurance (HI) benefits according to the corresponding group of subjects. Workers need to have access to medical examination and treatment services when sick, reduce the burden of medical expenses and not completely depend on the family's ability to pay immediately.

Second, it is necessary to pay attention to safety, occupational hygiene and protection mechanisms against accident risks during work. For technology drivers, the risk of traffic accidents is related to operating hours, road conditions, delivery pressure and order distribution methods.

Third, it is necessary to ensure transparency in income, service fees, deductions, bonuses and cooperation conditions. Employees must be provided with clear information on income calculation methods, complaint handling mechanisms, as well as reasons, grounds and procedures for locking or terminating accounts.

Fourth, it is necessary to improve the dispute resolution mechanism. Employees must have a convenient complaint channel, be able to access necessary information and be able to request competent authorities to protect their rights when disputes arise.

Fifth, it is necessary to strengthen the dissemination of laws on social security. Many workers may not fully distinguish between compulsory social insurance, voluntary social insurance, health insurance and types of accident insurance. If accurate information is not provided, workers may not fully understand their rights.

Thank you lawyer for your sharing!

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