A Research On Occupational Injury Security System Of Platform Practitioners In China

With economic development and scientific and technological progress,mankind has entered the industrial "4.0" era.The platform economy is developing in full swing,and the scale of platform practitioners is growing.Platform practitioners have flexible working hours and places.They are not confined to a fixed workplace,but can also hold several jobs,showing a non-standard form of employment.However,most of the industries engaged in by platform practitioners are labor-intensive industries,which suffer from high frequency of occupational risks due to their professional characteristics.However,they are excluded from the protection of industrial injury insurance due to no labor relationship,so it is difficult to realize the reasonable demand of work safety guarantee.If this situation is ignored,on the one hand,it will attack the enthusiasm of platform practitioners,on the other hand,it will hinder the sustainable and healthy development of sharing platform economy.At present,the state vigorously develops the sharing economy,advocates strengthening the protection of the rights and interests of flexible employees represented by platform practitioners,pays attention to the current situation and existing problems of occupational injury protection of platform practitioners,and puts forward reasonable solutions.If there is no occupational security in China,it will lead to occupational injury.The legal relationship between platform practitioners and the platform is complex and diversified,and practitioners who do not establish labor relations with the platform or a third party are difficult to enjoy occupational injury protection.Because of the characteristics of platform practitioners,they will also encounter the following problems in the specific system design: there are difficulties in the identification of industrial injury,and there are problems in the scope,subject and evidence collection of identification;The payment base and payment subject of occupational injury insurance are not clear;There are difficulties in the protection of occupational injury treatment,mainly manifested in the difficulty in determining the subject and content of occupational injury treatment payment;In addition,the flexible workplace of platform practitioners makes it difficult to effectively carry out occupational injury prevention.In order to protect the rights and interests of platform practitioners,it is necessary to learn from the pilot experience of other countries and some places in China and the special provisions of the construction industry,and design an occupational injury protection system suitable for platform practitioners in combination with the actual situation.First,we need to expand the coverage of occupational injury insurance,include platform practitioners who do not have labor relations,and decouple labor relations from occupational injury insurance.Second,in terms of industrial injury identification,set an appropriate scope of industrial injury identification and application subject,pay more attention to causal factors in industrial injury identification,weaken space-time factors,and be moderately flexible in industrial injury evidence collection.Third,the payment obligation of occupational injury insurance will be shared by the platform and its practitioners.At the same time,it is suggested that appropriate financial subsidies should be given;In addition,the payment method can be monthly or single.Fourth,in terms of occupational injury treatment,clarify the subject,content and payment method of treatment payment.Fifthly,multi subjects should bear the responsibility of occupational injury prevention,establish a risk prevention fund for occupational injury prevention,and use the proportion and probability of occupational injury of practitioners on the big data analysis platform to prevent occupational injury.