Research On Social Insurance Payment System Under Dual Labor Relations

The scale of the digital economy continues to expand,and the ability and quality of workers are also improving,so that new employment forms continue to emerge,and dual labor relations are one of the new employment forms.China’s current labor laws and regulations do not explicitly prohibit dual labor relations,and the social insurance payment system under the background of dual labor relations is not clear.This leads to a conflict between the actual situation and the actual operation of the social insurance payment of the dual labor relationship.Therefore,this thesis studies the social insurance payment system under the background of dual labor relationship,hoping to have some significance for the establishment and improvement of the social insurance legal system under dual labor relationship in China.The first part introduces the connotation of dual labor relations,introduces and evaluates the views of academic circles on the existence of affirmative,negative and compromise theories on the legal status of dual labor relations,and then analyzes the typical manifestations of dual labor relations,such as part-time employment and flexible employment.Furthermore,the manifestations of dual labor relations are divided into three types: the virtual and real structure of full full-time employment,the parallel structure of fully flexible employment,and the comprehensive structure of full-time employment and part-time employment.The second part first introduces the basic theory of social insurance,then sorts out the current legislative and practical status of social insurance under the current dual labor relationship,and analyzes the payment method of social insurance under the current situation.At the legislative level,the relevant laws such as laws,administrative regulations and departmental rules are sorted out,and it is concluded that the current law has insufficient regulation of dual labor relations and social insurance payment in the background;At the practical level,by searching for relevant judgment documents,it is analyzed that there are inconsistencies in the current judicial judgments on the legality of dual labor relationships and the results of the employer’s obligation to pay social insurance to dual labor relationships,and the reasons why employers do not pay social insurance for dual labor relationships are mainly due to unclear obligations to themselves and difficult to realize the system.The third part analyzes the dilemma of social insurance payment under the current dual labor relationship in China,which comes from the ambiguity of the legal status of the dual labor relationship,the imbalance between the status of employers and employees,and the difficulty in protecting the rights and interests of employees.The main reasons for this are the concealment between the employee and the employer,the unclear legal provisions on the dual labor relationship,and the imperfect social insurance payment mechanism in this context.The fourth part puts forward ideas for the construction of a social insurance payment system under dual labor relations: first,clarify the legal status of dual labor relations;Secondly,clarify the subjects of social insurance contributions under dual labor relationships;Third,improve the social insurance system of dual labor relations through the "unified account,separate management" of pension insurance,the sharing of work-related injury insurance responsibilities,and the flexible application of the payment base and benchmark rate;Finally,emphasize the role of the government in improving the management system and supervision of social insurance services.