Research On Legal Issues Of Occupational Injury Protection For New Employment Forms

The new employment form is a new economic form,also known as the "Internet +" employment form,formed by combining the traditional employment mode with the rapid development of digitization and information technology.Driven by the Internet,new employment forms strengthen the integration of different industries and information industries,break information barriers,and drive a large number of new employment forms of enterprises and related employees.However,the employment mode of the new employment form is complicated,and whether the employees and the employment platform have the labor relationship is controversial,which cannot be included in the current industrial injury insurance coverage.At the same time,the protection standard of commercial insurance is low and the protection intensity is small,and the lack of occupational injury protection for the new employment forms has become an important problem.Through literature analysis,this paper compares the concept of flexible employment with that of new employment forms,limits the scope of employees in new employment forms,and sorts out the concept of occupational injury and industrial injury.Based on the theory of human rights,social joint liability and the principle of slanted protection,combined with the occupational injury data and typical cases in practice,this paper summarizes the pilot areas of occupational injury protection system at present.The pilot work of the new employment pattern mainly adopts three modes: direct inclusion of industrial injury insurance,separate insurance system and separate industrial injury insurance plus commercial insurance.The main problems are fuzzy labor relations,difficulty in applying the current industrial injury insurance,high risk of occupational injury and lack of legal protection.In order to get rid of the real dilemma of the new employment form,we should establish a special occupational injury protection system.For the top-level design of the system,it is necessary to adhere to the labor dichotomy to prevent the extension of the identification boundary of industrial injury,and try to explore from the aspect of social insurance system.We will establish a security system dominated by occupational injury insurance,supplemented by commercial insurance,and establish a new social insurance for occupational injury.First of all,full-time platform employees should be forced to participate in the insurance,so that the degree of dominance of employees and protection rights.Secondly,the "three workers" standard in industrial injury insurance should be taken as the reference consideration of occupational injury insurance.Finally,the government should strengthen the supervision of commercial insurance institutions,perfect the identification of occupational diseases of new employment forms of employees,establish the trade union organization of new employment forms of employees,and explore the occupational injury protection system suitable for our national conditions.