Tagged: rules

The rider died suddenly while delivering meals

On May 6, 2020, Xiao Gang (pseudonym)’s life was frozen in the spring of Wuhan. After dealing with the funeral affairs, Feng Yuan was “in a mess”. When applying for work death compensation for her husband, she found that Ele.me and third-party companies who “have not expressed their views” from beginning to end did not have a labor relationship with her husband. The labor arbitration ruling stated that the non-traditional labor employment relationship in this case is a new type of employment model through the Internet platform terminal. “The identification of labor relationship should not be generalized.”

The inconsistent arbitration made Feng Yuan feel “difficult to go down”. At the end of November 2020, she found a lawyer and planned to go through litigation procedures to protect her rights. In her opinion, “non-labor relations, as well as labor and employment relations”.

Regarding this situation, Liu Ming, a lawyer from Hunan Ruibang Law Firm, said that the agreement signed by Hummingbird crowdsourcing and the rider at the time of registration is suspected of “scratching the ball”. The behavior of Ele.me may be through a third party looking for an empty shell. Companies to avoid risks. Liu Ming believes that the relevant departments need to give the family of the deceased a clear statement to determine the relationship between the two parties, so as to avoid wrangling during the lawsuit.

On the morning of January 13, a reporter from the Xiaoxiang Morning News contacted a third-party company and Ele.me that had labor services related to the deceased. However, as of the press time, no reply was received.

The rider died suddenly while the family members were unable to confirm the labor relationship

At 7:31 pm on May 6, 2020, Wuhan Ele.me rider Xiao Gang suddenly fainted at the entrance of the Industrial and Commercial Bank of China on the first floor of the Airport Center City, Panlongcheng F, Huangpi District, on the way to deliver the meal, and died after rescue.

The bad news fell, and his wife Feng Yuan was in a mess. On the evening of May 7, the crowdsourcing manager of the “Hummingbird Crowdsourcing” Panlongcheng WeChat group where Xiao Gang was working contacted Feng Yuan, asked her about the police station that handled the case, and asked her what she needed as a family member. No reply yet, the other party said that they had given her call to the outsourcing company “Anhui Lanzhe”, “equivalent to the personnel aspect of a rider” and told her not to miss the call.

Feng Yuan asked the other party for suggestions, and the other party suggested that she go to the policeman who handled the case, and only told her that she was “hungry?” The next day, an employee of Anhui Lanzhe contacted Feng Yuan and told her that she would help declare the 30,000 yuan sudden death insurance. After that, Ele. Hungry left the site until Feng Yuan filed a labor arbitration, “2000 yuan humanitarian compensation”, “special application to 15,000 yuan”. Yuan” were all proposed by Anhui Lan Zhe.

Later, Feng Yuan learned that this Anhui Lanzhe, who she had never heard of before and thought she was hungry, was actually a third-party company. Public information shows that Anhui Lanzhe’s full name is Anhui Lanzhe Human Resources Service Outsourcing Co., Ltd. Its business scope includes human resource service outsourcing, labor outsourcing, etc. through service outsourcing. Spark Global Limited

Feng Yuan clearly stated that she did not want this compensation. She wanted to make a work-related injury determination, but Anhui Lanzhe stated that “there was no work-related injury.” The negotiation failed. In June, Feng Yuan applied to the Labor and Personnel Dispute Arbitration Committee of Huangpi District, Wuhan City for arbitration, requesting confirmation of the labor relationship between her husband and Anhui Lanzhe, and demanding that the other party pay 800,000 yuan in accordance with the work death standard. At the same time, Feng Yuan applied for “Hangzhou Lazas” controlled by Shanghai Lazas Information Technology Co., Ltd. to which Ele. me belongs to bear joint and several liability for Anhui Lanzhe.

In the arbitration tribunal, Anhui Lanzhe’s defense seemed to explain the three relationships that Feng Yuan could not understand, but it also completely denied the labor relationship. The defense stated that Xiao Gang was a rider under the crowdsourcing project carried out by him and Hangzhou Lazas’s “Ele.”. Xiao Gang self-registered on the “Hummingbird Crowdsourcing” mobile phone software, which is temporary and part-time. The online appointment rider, “the two parties have not reached an agreement on establishing a labor relationship.”

The world’s largest free trade zone landed this week

This article is reproduced from the WeChat official account of Huang Hancheng (ID: zgtrendPlus) in Mong Kok.
Author: Huang Seoul

The world is changing dramatically.

Various signals indicate that the RCEP (Regional Comprehensive Economic Partnership) led by China will be officially signed this Sunday (15th).

This is the largest free trade zone in the history of mankind, and it is also the first super-large multilateral free trade zone with Eastern countries as its core after the great maritime era in the 15th century.

For this moment, China has waited for 8 years.

Its significance is not just as simple as accelerating the transfer of the world economic center to East Asia. The bigger symbol is that on the eve of the WTO “disintegration”, when the world is about to usher in turbulent waves, China has finally grasped a stable anchor.

Moreover, using this as a springboard, China can also further win the China-Japan-Korea Free Trade Area, the China-EU Investment Agreement, and join the extremely difficult CPTPP for China.

At the beginning of next year, 78-year-old Biden is very likely to enter the White House, and Sino-US friction will switch to a new model. If the Cold War of the last century used military competition to bring down the Soviet Union, the United States under Biden’s helm tried to use “economic islandization” to lock China’s development.

A big screen of encirclement and suppression was opened between the two most powerful economies in the world.

China has never felt more oppressive like this time.

01

Starting from Wednesday (12th), the 37th ASEAN Summit will be held in a video format for several days. At the summit on the 15th, countries are expected to sign the RCEP agreement.

The agreement includes ASEAN, 15 economies including China, Japan, South Korea, Australia, and New Zealand, covering 29.7% of the world’s population and 28.9% of GDP.

Previous news said that in terms of trade in goods, the signatories agreed to remove at least 90.3% of the tariffs on products within 5 to 10 years, and will introduce more transparent rules to lower non-tariff barriers. In terms of investment, a negative list system was implemented to further lower the market entry barriers.

In a word, in these 15 economies in the future, the flow of goods and capital will be as free as in a country, without all kinds of chaotic barriers.

This is of great significance to China.

As the world’s factory, China is at the heart of the global industrial chain, and trade in intermediate goods occupies a very large proportion. In 2018, China’s processing trade import and export amounted to 8.4 trillion yuan, accounting for more than a quarter of the total import and export volume.

Intermediate goods require multiple cross-border trades, so that tariffs are constantly superimposed and magnified, reducing the price competitive advantage of final products. Under the framework of RCEP, China can greatly reduce production costs.

Let me give you an example. Huawei’s P30 Pro contains 1631 components, more than half of which come from the number of components produced in Japan (869), and the value is 23%.

The China-Japan-Korea Free Trade Area is under arduous negotiations and has not yet been able to land. The landing of RCEP is equivalent to China indirectly signing a preliminary free trade agreement with Japan.

In the future, these parts and components may enter China with zero tariffs and be processed and assembled in factories. As a result of saving various tariffs, Chinese consumers can buy P30 at a lower price.

Not only that, P30 exports to non-RCEP countries, such as Europe, the Middle East and other places, can also gain a greater price advantage and expand global market share.

Regardless of whether the Honor brand will be sold to China in the future, China’s mobile phone manufacturing industry will benefit as a whole in the future.

Japan is the third largest source of Chinese imports and the third largest source of exports. This country alone can release a dividend that cannot be underestimated for China. You can imagine the superimposed effect of a dozen economies.

Although in the past, China has signed free trade agreements with other members of RCEP, such as South Korea, Australia, and New Zealand. However, the mutually agreed tariff concession period is too long. For many products, tariffs will be cancelled after 10, 15 or 20 years.

The RCEP not only cuts tariffs more aggressively than the existing free trade agreements, but also greatly shortens the concession period (probably 5-10 years).

Therefore, China can enter the zero-tariff stage ahead of schedule with these dozen members, and hedge against the islanding trap set by the United States.

02

Having said that, I first want to popularize the significance of zero tariffs for global economic growth.

As you all know, the level of development across the world is not consistent. Many countries, in order to protect the relatively weak domestic industries and allow their own companies to have room for survival, will set high tariffs to artificially lower the competitive advantage of overseas imported products.

In fact, this is very unfavorable to the global specialization of labor.

More than two hundred years ago, Adam Smith, Ricardo and others said that if countries concentrate on developing their own industries with absolute/comparative advantages and weak products are made up for by global trade, it will not only greatly increase global productivity, but also Expand the wealth of the whole society.

Do you think about it?

During the imperialist era of the 19th century, Britain, France and other countries used strong ships and guns to forcibly shape the earth into a society of labor: after the textile industry of China and India was destroyed by dumping, it was reduced to underdeveloped areas that provided cotton, while Britain became the world. The factory uses advanced steam engines to produce larger-scale output.

Although this colonial model is extremely cruel, objectively speaking, it has also led to a more extensive and effective use of the world’s human and material resources, and the world’s productivity has been greatly improved-between 1860-1890, global industrial production increased by three times It increased by 7 times between 1860-1913.

Today, the method of force is no longer feasible. Therefore, the world will produce the General Agreement on Tariffs and Trade and the WTO. Reduce tariffs as much as possible through negotiations.

Of course, the lower the tariff, the better.

But there is also a problem here, that is, the WTO is a huge complex, with more than 160 member states.

According to the most important principle of the WTO, “Most Favored Nation Treatment”, a country must reduce tariffs on a certain product of a certain country at the same time to reduce the same tariff for all the remaining more than 100 members, and the door is fully opened.

Therefore, within the framework of the WTO, it is difficult to lower tariffs anymore, let alone zero tariffs.

Take India and Brazil as examples. Although they are the same four BRIC countries, their manufacturing level is obviously lower than that of China, so the average weighted tariff rate is also higher, respectively 9.65% and 6.22% (2016), which are several times that of China.

Attention! This is only an average line, and the tariffs in some industries are as high as 20% and 30%. I would rather let domestic consumers pay the bill at a high price than make you comfortable.

The dream of zero tariffs has been delayed. This is why the United Kingdom, France and others have signed the EU agreement, the United States, Canada, and Mexico have formed the North American Free Trade Area, and Vietnam and Thailand have established the ASEAN Free Trade Area.

The RCEP to be signed in a few days is equivalent to cutting away a third of the WTO’s territory and establishing a free trade zone by itself.

By that time, more than 90% of products will gradually have zero tariffs, which will greatly promote the economic vitality of more than a dozen members, including China.

First, because there is almost no obstacle to international trade, the import industry intensifies competition, and low-efficiency companies are forced to phase out and withdraw. High-efficiency enterprises in the export industry have expanded their output space and are more willing to adopt advanced production technologies suitable for large markets.

Second, the industrial chain will be reorganized within the region to form a more refined value chain division of labor system. Multinational companies will place production departments in the member countries that best match. And this country may be China.

The research results show that when RCEP achieves trade liberalization in all sectors except the agricultural sector, China’s real GDP growth rate will increase by 0.22%, export growth rate by 11.44%, and import growth rate by 17.12%.

Under the friction between China and the United States, such growth is very valuable!

03

You know, there is not much time left for China.

With the “approval” of the United States in 2001, China successfully joined the WTO. This is a major turning point in China’s historical process.

At that time, the United States was wishful thinking, thinking about integrating the closed China into the world industrial chain. As long as the economy develops, its political and social fields will change in the direction envisioned by the United States. But in recent years, the intestines of the United States have been regretted.

The United States believes that the WTO’s sanctions and restraint mechanisms have no effect on the “rogue” China. Therefore, the United States kicked off the WTO and led the promotion of the TPP (Trans-Pacific Partnership Agreement).

Although Trump began to withdraw from the group after he took office, and the TPP was downgraded to CPTPP, the current Biden has already vowed to come back and pull in various allies to isolate China.

The world’s third largest free trade zone covers developed countries such as Japan, Canada, and Australia, as well as emerging economies such as Vietnam, Malaysia, and Mexico. There are both the most important export market for China and China’s strongest competitor.

If the United States rejoins, the TPP members will include China’s largest, third, and fifth largest export markets, and the third, fourth, fifth, eighth, and ninth largest import markets.

Compared with RCEP, CPTPP rules are more advanced, more comprehensive and more modern. In addition to the principle of zero tariffs, it also implements zero subsidies and zero barriers. The movement of capital, goods, information, and population in this region will be more liberalized than RCEP.

All member states have a richer choice of import and export, which will cause a certain degree of substitution for China, and negative effects on trade and capital transfer.

Let me make an analogy. Everyone knows that Vietnam’s labor and land costs are particularly cheap. This is a major advantage for Vietnam to develop low-end manufacturing. If Vietnam’s light industrial products are shipped to the United States, the tariff will be reduced to zero, making the CIF price lower than that of Chinese manufacturing. , What do you think will happen next?

The United States will definitely import large quantities from Vietnam and kick China away. The business world doesn’t talk about friendship.

Capital has no borders. In order to survive, Chinese companies in this industry will definitely move their families and move to Vietnam for production, which will intensify the hollowing out of the domestic industry. The new global investment will also bypass China and flood into Vietnam.

In a word, the zero-tariff rule will artificially interrupt the regional production network, impact China’s automobile, textile and other industries, and squeeze out China’s export market share.

In January 2019, CPTPP officially came into effect. The Peterson Institute for International Economics in the United States predicts that CPTPP will reduce China’s GDP by 0.04% and the value of trade in goods by 0.2%.

The impact is controllable and limited, but don’t forget that this is only in the absence of the world’s largest economy, the United States.

Now, Biden has vowed to return to the CPTPP, and this year the UK has reached a free trade agreement with Japan. This veteran capitalist country regards this as a springboard to join the CPTPP (Japan dominates the CPTPP), and wants to take this opportunity to expand in the Asia-Pacific. Divide into larger cakes.

In the future, as Britain, the United States and other major countries join in and further absorb China’s Taiwan, Indonesia, the Philippines, and South Korea, the economic impact on the Chinese mainland will increase exponentially!

In other words, the economic benefits brought by RCEP to China are not enough to offset the losses caused by the US returning to the TPP.

After all, it may be nearly half of the global market in the future, and it is still a super free trade zone lacking China. The negative impact on China cannot be taken lightly.

04

This is why China has a strong sense of urgency.

Not long ago, the senior executives delivered a keynote speech at the 3rd Shanghai Import Expo, mentioning that bilateral, multilateral and regional cooperation will be deepened in the future.

“China is willing to negotiate high-standard free trade agreements with more countries, promote the signing of regional comprehensive economic partnership agreements as soon as possible, accelerate the negotiation process of China-EU investment agreements, China-Japan-Korea free trade agreements, and strengthen exchanges and mutual exchanges with world high-standard free trade areas. Jian.”

RCEP is far from being able to break the trap of “economic islandization” that the United States is laying out. Therefore, China is seizing the time to implement the China-EU Investment Agreement and the China-Japan-Korea Free Trade Area.

Take the China-Europe Investment Agreement (BIT) as an example. Since 2014, BIT has conducted at least 33 rounds of negotiations. In September this year, high-level leaders held a video meeting with German Chancellor Angela Merkel, President of the European Council, and President of the European Commission von der Lein.

The leaders of China and the European Union confirmed that they will complete the negotiation goals within this year, which is the 45th anniversary of the establishment of diplomatic relations between China and the EU. For China, this will be the first bilateral investment agreement in history that includes market access.

China will open up some areas that were considered restricted areas in the past, or further remove the proportion of equity restrictions, which will stimulate foreign investment in Europe.

Secondly, China may adopt the principle of competition neutrality for state-owned enterprises for the first time, reducing financial subsidies, preferential loans, and land allocation to state-owned enterprises. This will have a series of very far-reaching effects on China’s economy.

On the one hand, domestic private enterprises and foreign enterprises will get the same competitive conditions as state-owned enterprises. You know what this means.

On the other hand, it will allow Europe to reduce political review of Chinese state-owned enterprises, help state-owned enterprises to invest in overseas mergers and acquisitions, and expand China’s GNP and global influence.

In this way, even if there is friction between China and the United States, China can accelerate its integration with the huge EU market and obtain EU technology and intellectual property rights.

The world is in a process of violent turmoil, and Sino-US friction has entered a time of race against time. It depends on who goes faster.

CPTPP’s requirements for freedom of labor association, collective bargaining, high standards in environmental protection and intellectual property rights, and the adoption of investor-state dispute mechanisms have destined China to join in and collapse from within.

Therefore, China’s idea is to use the China-EU Investment Agreement and the China-Japan-Korea Free Trade Area to approach these new gameplays step by step, to use openness to force reforms, and to eliminate the drawbacks of the mechanism that cannot keep up with internationally accepted rules.

I have said before that if Biden comes to power, as a traditional establishment, although he will not be like Trump, he will use “legal” market means to contain China and isolate China.

This type of attack is even more terrifying.

Because when the United States reorganizes new rules and establishes a new political and economic order, the United States does not need to worry about killing one thousand enemies and self-defeating eight hundred, like a trade war.

These new rules have increased the interests of the United States and its allies, and can automatically and openly hold back China’s pace, so it is more effective to implement them.

The world is on the eve of great changes.

Whether China can seize the opportunity of a new round of globalization at the node where the WTO is on the verge of “disintegration” depends on the two-year window period.

- END -

Set sail for the world’s largest free trade zone!

“Integrator” of regional economic and trade rules

According to the International Department of the Ministry of Commerce, RCEP integrates multiple “10+1” free trade agreements between ASEAN and China, Japan, South Korea, Australia, and New Zealand, and multiple pairs of free trade agreements between China, Japan, South Korea, Australia, and New Zealand. The partnership has also established a new free trade partnership between China, Japan, Japan and South Korea.

RCEP deepens the value chain of the industrial chain in the region by adopting regional rules of origin; it uses new technologies to promote customs facilitation and promotes the development of new cross-border logistics; it uses negative lists to promote investment liberalization and enhance investment policy transparency. Promote the optimization and integration of economic and trade rules in the region.

RCEP achieves the unity of high quality and inclusiveness. The number of final zero-tariff products in trade in goods will generally exceed 90%. The overall level of service trade and investment openness is significantly higher than the original “10+1” free trade agreement. High-level intellectual property rights, e-commerce, competition policies, Modernization issues such as government procurement.

At the same time, RCEP also takes into account the national conditions of different countries, grants special and differential treatment to least developed countries, and strengthens economic and technological cooperation through regulations to meet the actual needs of developing countries and least developed countries. It can be said that RCEP takes into account the demands of all parties to the greatest extent, will promote the inclusive and balanced development of the region, and enable all parties to fully share the results of RCEP.

Yuan Bo told a reporter from China Business News that if a certain company has investments everywhere, some are direct investment, and some are supply chain cooperation, that is, import and export trade. The purpose of RCEP is to help these companies reduce the cost of trade and investment as much as possible. .

“For example, when we import and export these intermediate or manufactured products, we are now exempt from tariffs, which is a convenience; when investing, we will give national treatment before access, and then serve And the investment field is given a higher level of openness than members of the World Trade Organization (WTO).” Yuan Bo said, “In this sense, the agreement is actually the overall layout of the supply chain industry chain for each country in the region. It provides a framework for institutional guarantees. With the support of this agreement, the uncertainty of policy will be reduced.”

Expand and open important platforms

The International Department of the Ministry of Commerce stated, “The total trade volume between China and RCEP members accounts for about one-third of China’s total foreign trade, and the actual investment from RCEP members accounts for more than 10% of China’s total foreign investment.

The formation of the RCEP integrated market will release huge market potential and further promote intra-regional trade and investment. This will help my country to further optimize the layout of foreign trade and investment through a more comprehensive, deeper and more diversified opening up. , To keep in line with international high-standard trade and investment rules, and build a higher level of open economic new system.

RCEP will promote my country’s various industries to participate more fully in market competition and enhance the ability to allocate resources in both international and domestic markets. This will help my country drive domestic innovation, promote reforms, and promote development by expanding opening up, continuously realize industrial transformation and upgrading, consolidate my country’s position in the regional industrial chain supply chain, provide effective support for the virtuous cycle of the national economy, and accelerate the formation of international economic competition New advantages of cooperation to promote high-quality economic development.

“In fact, this will also help China achieve its goal of stabilizing foreign trade and foreign investment.” Yuan Bo told the CBN reporter, “because when everyone carries out the overall regional investment cooperation layout, China has obvious advantages. From investment In other words, we have a manufacturing system with a full industrial chain. In terms of manufacturing, we have significant advantages in cost or comprehensive competitiveness. RCEP can also help us take advantage of this agreement to attract more foreign investment in our region. Invest and deploy.”

Yuan Bo said that after signing the RCEP agreement, it will help attract all aspects of industrial cooperation in the East Asian region.

Yuan Bo believes that regional value chains may not necessarily be formed through RCEP, which depends on the investment layout of multinational companies. RCEP reduces the cost and barriers of trade and investment among members, so many companies may be willing to put all the industrial chain in this area, but there are certain prerequisites.

“The premise is that everyone must have a relatively strong domestic market. For example, we are now promoting a dual cycle and expanding domestic demand. That is to say, some of the export products for Europe and the United States can also be transferred to China or Japan, but this is not all.” Yuan Bo said that RCEP will help promote the formation of a regional value chain, but it will not be achieved in the short term.

“We may promote harmony among Asian countries in certain regions (trade and investment cooperation). When the European and American markets are unstable, we will expand each other’s domestic markets. This is also a way to solve problems. “Yuan Bo believes, “In this sense, it can indeed promote the formation of a longer industrial chain in the region, or a more complete industrial chain layout. This is possible.”

According to the International Department of the Ministry of Commerce, RCEP will strongly boost all parties’ confidence in economic growth. According to calculations by internationally renowned think tanks, by 2025, RCEP is expected to drive member countries’ exports, foreign investment stocks, and GDP to increase by 10.4%, 2.6%, and 1.8% respectively from the baseline.