China’s Practice And System Construction Of Occupational Injury Insurance In The New Employment Form

With the rapid development of a new generation of information technology,enterprises use digital technology to build platforms to provide more employment opportunities,attracting many workers such as food delivery drivers,online car-hailing drivers,online-hailing freight drivers,and online education anchors.This phenomenon of relying on platform employment is called "new employment form",which has brought profound changes to the labor market.Compared with the traditional employment methods,the new employment forms are quite different in three aspects: the form of enterprise organization,the employment methods of workers,and the degree of stability of the relationship between the two parties.At the same time,the irregular platform management rules and the ignorance of workers themselves make them also have great work risks.It is not uncommon for workers to suffer casualties due to work-related accidents during the process of receiving orders.However,the current work-related injury insurance system takes a stable and clear labor relationship as the premise for the identification of work-related injuries.Most of the workers in the new employment form and platform companies do not form a standard labor relationship for various reasons,so workers cannot enjoy work-related injury protection.However,relying solely on commercial insurance such as accidental injury insurance is not as effective as social security in reality,and cannot really protect the occupational risks of workers.In recent years,although some places have implemented occupational injury protection for workers in the new form of employment,and included workers into work-related injury insurance one by one according to their industries,the effect of the number of insureds is not satisfactory.Therefore,if the problem of occupational injury protection for workers in new employment forms is limited by the system design restrictions of social insurance,and if they insist on clarifying the relationship between workers and platform companies and including them in work injury insurance,it will lead to some workers in new employment forms facing the dilemma of no guarantee.Based on this,according to the current policy,this paper defines the relevant concepts,analyzes the theoretical basis,and expounds the necessity of establishing a separate occupational injury insurance system.At the end of this paper,it analyzes the commonalities and differences of the pilot policies of independently establishing occupational injury protection system in my country,and summarizes the practical experience.Through these,this paper attempts to find an effective and universally popularized occupational injury protection system scheme for a new employment form,and proposes ideas.This paper is divided into three parts.The first part is the theoretical support of the new employment form occupational injury insurance system.By comparing the two concepts of new employment form and traditional employment form,new occupational injury insurance and current occupational injury insurance,it is clear to establish the advantages of new occupational injury insurance as one of the occupational injury protection methods of the new employment form.And through the analysis of Marxist social security thought,the basic concept of laborer’s human rights protection,Maslow’s security demand theory and Xi Jinping’s social security discussion,this paper expounds the necessity of establishing a separate occupational injury security system in our country.These theoretical analyses serve as the theoretical basis for establishing new occupational injury insurance in a new employment form.The second part is a useful exploration of the current reform practice.In recent years,all localities have responded to the call of the state and made useful explorations in maintaining the sound development of new employment forms and protecting the rights and interests of workers from occupational injuries.This part takes the pilot project of establishing an occupational injury protection system as the research object,and compares the three regions of Wujiang District,Suzhou City,Jiangsu Province,Jiujiang City,Jiangxi Province,and Jingdezhen City,Jiangxi Province.It also summarizes the characteristics and analyzes the reasons for the commonality and difference in the policies and regulations of the three regions in terms of insurance subject,payment subject,payment standard,confirmation situation,treatment calculation and payment,etc.This has important reference significance for solving the problem of occupational injury protection in the new employment form at the national level.The third part is the prospect of the new employment form occupational injury insurance system.That is,to establish an occupational injury prevention mechanism and a new occupational injury insurance system in my country.Especially in the occupational injury insurance system,it is necessary to find out the high-risk occupations or types of work in the new employment form.On the basis of allowing workers to make voluntary contributions,the platform companies’ payment responsibilities and obligations should be clarified,the payment amount and period should be reasonably regulated,and the confirmation of occupational injury and the calculation of benefits should be clarified,so as to provide an effective institutional guarantee for workers in new employment forms.