Shandong Province Drafts Regulations to Boost Express Delivery Industry
TapTechNews August 11th news, the 'Regulations of Shandong Province on the Promotion of the Express Delivery Industry (Draft)' (hereinafter referred to as the 'Regulations (Draft)') has passed the initial review of the 10th meeting of the Standing Committee of the 14th Shandong Provincial People's Congress, and opinions and suggestions from all sectors of society are publicly solicited before August 26, 2024.
The 'Regulations (Draft)' stipulates that intelligent mailboxes, intelligent express lockers and other express terminal service facilities are included in the scope of public service supporting facilities; special electric tricycles need to be registered and 'legally on the road'; courier companies cannot place parcels in lockers without consent, and for the parcels agreed to be delivered to the door, the express delivery enterprise can provide two free deliveries; reasonably determine the labor quota and piece-rate compensation standard to ensure the rest and vacation rights of practitioners.
TapTechNews attaches the following partial rules as follows:
Inclusion of intelligent express lockers and other public service support
In terms of express delivery facility construction, it is clear to strengthen the construction of three-level express delivery nodes in counties, villages and towns, support the establishment and improvement of county-level delivery and distribution centers everywhere, optimize and upgrade township delivery service places, and construct and maintain village-level delivery and logistics comprehensive service stations.
Further emphasizing the public attribute of express terminal service facilities, including express terminal service facilities in the scope of public service supporting facilities, promoting the planning and setting of express terminal service facilities in residential quarters, commercial buildings, colleges and universities, etc., to improve the service quality of the last '100 meters' of urban express delivery.
At the same time, the office places of state organs, enterprises and institutions, as well as the property service personnel in commercial areas, residential areas, industrial areas and other places should provide necessary conveniences such as passage and delivery for express delivery practitioners according to the actual situation. Regulate the management and use of express delivery service vehicles in accordance with the law, provide conveniences for the road passage and temporary parking of express delivery service vehicles.
Registration of special electric tricycles for express delivery before going on the road
The special electric tricycles for express delivery will enter the 'era of going on the road legally'. The postal administrative organ of the city divided into districts should, in conjunction with the traffic management department of the public security organ, establish an information management system for the unified special electric tricycles for express delivery within the administrative region, and regulate the management and use of express delivery service vehicles in accordance with the law, and implement unified numbering and logo management for express delivery service vehicles. The special electric tricycles for express delivery should conform to the relevant national standards and can go on the road only after being legally registered by the traffic management department of the public security organ.
Encourage express delivery enterprises to insure third-party liability insurance, driver's personal accident injury insu rance and other commercial insurances for special electric tricycles for express delivery.
No unauthorized placement in express lockers, two free door-to-door deliveries allowed
The express delivery enterprise provides users with a validity period of one year for domestic express delivery query information and a validity period of six months for international outbound express delivery query information. The query content should include the current service link and location of the express delivery.
The express delivery enterprise should deliver the express delivery to the agreed recipient address, recipient or the consignee designated by the recipient. For the express delivery agreed to be delivered to the door, the express delivery enterprise can provide two free deliveries in accordance with the national standard of express delivery services, except as otherwise agreed with the user. If the express delivery enterprise places the express delivery in an unattended place without the consent of the user, it cannot confirm the receipt of the express delivery on behalf of the user.
The recipient or the sender requests to place the express delivery in an unattended place, the express delivery enterprise should inform the user of the risk of loss or damage of the express delivery; if the express delivery is lost or damaged, the liability for compensation shall apply the provisions of civil law.
Upon the request or consent of the recipient, the express delivery enterprise can deliver the express delivery to express terminal service facilities such as intelligent express lockers and express delivery service stations, and promptly inform or entrust the intelligent express locker operation enterprise and the express delivery service station to inform the recipient of the address, storage period and other information of the express delivery.
Protect the rights and interests of 'little brothers', reasonably determine labor quota and compensation standard
Regulate the conclusion of labor contracts and the payment of social insurance premiums, especially regulate the participation of temporary employees in work-related injury insurance, and encourage express delivery enterprises to purchase commercial insurances such as personal accident injury insurance for practitioners.
The express delivery enterprise should reasonably determine the labor quota and piece-rate compensation standard in combination with the average delivery quantity and labor intensity of the express delivery personnel during the normal working time to ensure the rest and vacation rights of the practitioners.
When an express delivery enterprise is complained or appealed by users, it should investigate whether the relevant practitioners have faults, and cannot illegally deduct the wages of practitioners by means of internal fines.
Up to $10,000 fine for unauthorized handling of 'unattended express deliveries'
In accordance with the provisions of the Administrative Penalty Law, supplementary administrative penalty provisions are set for behaviors such as not delivering express deliveries according to the publicly announced service area and illegally handling express deliveries that cannot be delivered and cannot be returned.
The 'Regulations (Draft)' clearly states that if an express delivery enterprise does not deliver express deliveries according to the publicly announced service area in violation of these regulations, the postal administrative organ shall order correction, give a warning or circular criticism, and may also impose a fine of less than $200; if the circumstances are serious, a fine of $200 to $1,000 shall be imposed.
In violation of these regulations, if an express delivery enterprise fails to handle express deliveries that cannot be delivered and cannot be returned according to the regulations, the postal administrative organ shall give a warning or circular c riticism, and may also impose a fine of $1,000 to $3,000; if the circumstances are serious, a fine of $3,000 to $10,000 shall be imposed.