| With the quiet rising and development of sharing economy,it has become an important "engine" of China’s economic growth.The employment mode of the Internet platform supported by big data algorithms has been widely adopted by platform enterprises,and a large number of workers are widely involved due to flexible working hours.Especially since the outbreak of the COVID-19 epidemic,the sharing economy has shown strong impact resistance and development resilience,which provides an important impetus for the contrarian growth of China’s economy in the global recession,and offers a lot of employment opportunities.In the meantime,the platform employment mode born in the prosperity and development of the sharing economy has also brought new employment issues.It’s the flexibility of platform employment that had a great impact on the traditional labor relations identification standards,which makes it difficult to be identified as a labor relationship for platform employment,resulting in the platform employee couldn’t be protected by labor law and injury insurance.The character of subordination of platform employment still exists due to the algorithm management,which leads to the increment of occupational injury risk faced by platform employees.However,they couldn’t get sufficient legal protection when suffering occupational injuries.The laws and systems of our country should respond to this to meet the needs of economic and social development.This paper advocates that occupational injury in platform employment should be protected by labor law.Considering the balance of interests,it needs to change the current "one size fits all" protection mode of labor law.We could rebuild the standard of labor relationship classification and set up "the third type of workers" to achieve the classification adjustment of labor law.Owing to the hysteresis of legal protection,we could also terminate the relationship between social insurance and labor relations,exploring the solution within the existing social insurance system.In addition,it’s necessary to strengthen the regulation of platform enterprises.Thus,the platform employees could obtain sufficient legal protection for their occupational health and security right.Except for the introduction and conclusion,this paper is divided into four parts from the structure:The first part analyzes the current situation of occupational injuries in platform employment.Firstly,it is an overview of platform employment and occupational injuries.Secondly,compared with traditional occupational injuries,it discusses the particularity of platform employment occupational injuries.Finally,it studies the necessity of legal protection of platform employment occupational injury through the comparative analysis of three relief methods.The second part investigates the problems and reasons for the legal protection of occupational injuries in platform employment.This part mainly studies the matters existing in the legal protection of occupational injuries in platform employment and discusses the causes,by analyzing and concluding judicial cases.The third part generalizes the enlightenment through the comparative study of the abroad experience.This part summarizes the experience and practices which we could use for reference according to the national situation,through the comparative analysis of foreign judicial experience in different legal systems.The fourth part discusses the countermeasures for the legal protection of occupational injuries in platform employment.It mainly discusses the countermeasures from four aspects: rebuilding the standard of subordinative labor relationship,improving the labor legislation,constructing the occupational injury system,and strengthening the regulation of platform enterprises. |
