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Research On Injury Insurance For Takeaway Delivery Employees

Posted on:2022-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:X ShiFull Text:PDF
GTID:2519306725462174Subject:Social law
Abstract/Summary:PDF Full Text Request
In recent years,the platform economy has developed rapidly and the scale of platform employees has become larger and larger.They can engage in suitable jobs anytime and anywhere,effectively alleviating employment problems and sharing the country's employment pressure.But at the same time,it also brings a series of challenges to social protection.For example,platform practitioners are mostly engaged in low-level,low-tech,and high-risk industries.As one type of platform practitioners,online delivery personnel are used by platform companies to “deliver more food,get more rewards” and “deliver more meals to the level of delivery personnel."On-time delivery rate assessment","customer evaluation" and other mechanisms reward and punish online delivery personnel.Under this performance mechanism,online delivery operators desperately pursue speed,and take measures such as ultra-fast riding,red light running,and retrograde on the road to ensure punctual delivery.In our daily life,we can frequently see news about the injury of online delivery personnel,but due to their weak anti-risk ability,once they suffer accidental injury at work,most of the online delivery personnel are not protected by work injury insurance,and there will be great risk factors.Injuries and illnesses lead to poverty,putting individuals and entire families in trouble.Once injured,the reason why online delivery personnel and their family members are at great risk of getting into trouble is because this group of people(mainly including crowd sourced online delivery personnel and some dedicated delivery online delivery personnel who have no labor relationship,the following is Online delivery personnel specifically refer to this group of people)are not protected by work injury insurance.In my country,the protection of work-related injury insurance is linked to labor relations,but the platform economy turns the originally close labor relations into loose and close relations,blurring the boundaries between labor relations,labor service relations,and cooperative relations.Online dispatchers exist in flexible,flexible,platform and other forms of employment,do not have a statutory labor contract relationship,are not compatible with the current work injury insurance system based on stable labor relations,and cannot enjoy work injury insurance protection.In addition,most of the existing accidental injury commercial insurances have narrow coverage,low claim ratios,insufficient protection levels,and the online delivery staff do not understand the rules and regulations of the claims.In many cases,the online delivery staff simply cannot obtain sufficient compensation for losses.,It is difficult to fully solve the problem of occupational injury protection for online dispatchers.Therefore,in the context of the current situation of encouraging entrepreneurship and innovation and doing a good job in expanding employment,solving the problem of the lack of injury insurance for platform employees as soon as possible is not only in the scope of protecting the legitimate rights and interests of workers and improving the social security system,but also in a wider range of Significance of greater social change.In order to better protect the rights and interests of online dispatchers,various regions have introduced work-related injury insurance systems for online dispatchers.There are currently three modes.The first model is to directly incorporate flexible practitioners into the existing work injury insurance system,and the flexible practitioners pay their own expenses.Take Weifang in Shandong in Jiangsu as examples.The second model is the commercial insurance model.The platform deducts a fixed daily amount from the salary of the online courier,and pays for the commercial accident insurance.For example,Meituan takeaway and Ele.me takeaway.The third model is to establish an independent occupational injury insurance system.Take the Taicang and Wujiang districts of Jiangsu as examples.This article believes that the third model should be adopted to establish an independent occupational injury insurance system,and explore a way to jointly fund work-related injury insurance costs by online dispatchers,platforms,and the government.In the case of a fixed government funding ratio,the higher the degree of"similar workers" between online-hailing distributors and the platform,the higher the platform's investment ratio,and the lower the ratio of online-hailing distributors.On the contrary,the " The lower the degree of "like workers",the lower the proportion of platform investment,and the higher the proportion of online-hailing distributors.The degree of "worker-like" can be classified into low,medium,and high according to the closeness of the labor relationship's personality,economic,and other aspects.Personality subordination can be considered from the amount of rewards and punishments and the level of detail;economic subordination can be considered from specific quantifiable indicators such as labor time and the proportion of income on the platform to its total income.Regarding the specific content of the occupational injury insurance system,it must be open to the insured objects without excessive restrictions.In terms of the scope of work-related injuries,the "three-work principle" can be adopted first to protect accident injuries caused by work during working hours and workplaces,and then gradually relax to those encountered on the way to and from get off work according to the implementation situation.Accident injury,sudden illness within 48 hours,occupational disease,etc.In terms of the identification method of work injury,the provisions of Zhejiang Quzhou and Huzhou on working hours,work locations,and participation in work injury insurance in multiple enterprises are adopted.The working hours are mainly based on the attendance records of the platform enterprises,and the work location is based on the business scope of the platform enterprises.The work area should be reasonably determined according to the work content(route)of the injured;the work reason should be based on the enterprise dispatch record,and the work position should be considered comprehensively.Evidence materials such as video and photos of the accident scene.If multiple enterprises participate in work-related injury insurance,the dispatching enterprise that is sending the order at the time of the occupational injury shall bear the main responsibility for the occupational injury in accordance with the law.If it is difficult to determine the responsibility for multiple orders at the same time,the corporate responsibility shall be recognized as the first order received on the same route.In the scope of occupational injury and work injury protection,it mainly includes basic living security for employees during medical treatment,rehabilitation and treatment,and should not include nursing expenses,disability allowances,pensions for dependent relatives and other treatments.
Keywords/Search Tags:new form of industry, takeaway delivery personnel, labor relations, industrial injury insurance
PDF Full Text Request
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