Research On Occupational Injury Protection Of Online Delivery Workers In My Countr

Delivery man,as a member of flexible employment,are the product of the rapid development of Internet economy.In 2020,the Ministry of Human Resources and Social Security and three other departments jointly released 16 new jobs,including online delivery workers,so that "Delivery man" has been included in the official job type.With the continuous increase of the number of employees,the protection of their rights and interests,especially the protection of occupational injury is becoming more and more severe.According to a large number of research results,due to the unreasonable design of algorithm-based regulation system and customer evaluation system of platform enterprises,the "time factor" has become the primary focus of online delivery workers over the "safety factor",frequent traffic accidents becomes the most serious occupational injury of online delivery workers.In addition,working for a long time causes overwork.At the same time,irregular work and rest patterns also cause many online delivery workers to suffer from stomach diseases,spinal diseases and other diseases.In addition,with the COVID-19 epidemic in the past two years,the occupational injury risk of online delivery workers has increased considerably.Compared with such a serious status,platform enterprises intend to evade their responsibility and buy commercial insurance instead of signing labor contract with online delivery workers in order to transfer their own responsibility.But commercial insurance has many defects,including short guarantee time,narrow scope and so on,making online delivery workers been put in a "naked running" state.The reasons for these problems are complicated,among them,the most important oneis that China’s Work-Related Injury Insurance is closely tied with labor relations.The existence of labor relations is a premise if someone wants to obtain the protection of Work-Related Injury Insurance.And under the current labor law system,the concealment of the new type of labor lead to accessory between online delivery workers and platform enterprises.Besides,the solidification of labor relations identification standard makes it unable to apply to flexible labor relations,so labor relations identification has been in a rigid state.Secondly,as the current Work-Related Injury Insurance System is formulated for workers with clear labor relations,the rules of it and the government as the handling subject are not applicable to flexible employment personnel,resulting in the lack of occupational injury protection for online delivery workers.In order to alleviate the above situation,the nation attaches great importance to it and various places have successively issued corresponding occupational injury protection pilot policy,including Nantong and Taicang of Jiangsu province,Weifang of Shandong province,Quzhou and Huzhou of Zhejiang Province,Guangdong province and other places.Each district has different regulation on specific content,but can be divided into 3 models,namely bring in Work-Related Injury Insurance mode directly,establish Occupational Injury Insurance mode and "1+1" combination mode,each mode has respective advantages and disadvantages.In addition,from the content aspect,the pilot policies also showed some general shortcomings,such as the pilot lack of legitimacy,too many restrictions of the insured object,the lack of work-related injury prevention.Considering China’s current labor security system and future development needs,building a new Occupational Injury Insurance System is one of the best solutions.Inthe future,China should establish a parallel occupational injury insurance system to the existing work injury insurance system for people without clear labor relations.For the content,such as insured object,determination of occupational injury,payment mechanism,attribution of liability and occupational injury prevention,we can refer to Work-Related Injury Insurance System and absorb the advantages and disadvantages of pilot policies at the same time.In addition,various forces should be coordinated to promote occupational injury protection.To be specific,we should strengthen government protection,platform enterprise responsibility and the protection of labor unions.