A Study On Industrial Injury Insurance System Of Online Contract Workers

With the development of Internet,the platform economy has emerged as the times require.The platform economy is a new economic model generated with the development of new technologies.It uses a virtual or real place to urge customers from both sides of the supply and demand to conduct transactions,charging a certain fee or price difference during the transaction process.This is a new business model.The initial platform business was relatively simple,and with the increase and solidification of online consumers,the business scope of the platform is also expanding.As platforms become more and more abundant in the industrial field,their impact on industry and industrial organization changes is becoming greater and greater.Platforms have gradually evolved from a commercial phenomenon to an economic form.The development of the platform economy has spawned a labor group called online contract workers.The emergence and development of online contract workers have solved the employment problem to a certain extent,but the lack of social security for online contract workers is becoming increasingly prominent,especially the lack of work-related injury insurance protection.The resulting disputes and contradictions are practical issues that the entire society must seriously face and solve.The industrial injury insurance system is the earliest social insurance system in the world,which has been studied for a long time and to a deep extent by academic and practical circles.The current industrial injury insurance system in China protects workers based on traditional labor relations.However,the development of the platform economy has changed the traditional employment model,and the employment relationship has changed from "enterprise employee" to "platform individual".At present,the employment methods of platform and online contract workers in China are mainly divided into two types: labor relationship and cooperative relationship.Online contract workers who have a labor relationship with the platform often enjoy the insurance benefits purchased by the platform based on the labor contract;Online contract workers who have labor relations disputes with the platform often do not sign labor contracts,but instead sign business contracts or join the platform through labor dispatch;Or,without signing a contract,they themselves participate in the platform’s business process as independent providers of goods and services.China’s industrial injury insurance system is tied to labor relations,and employer relationships between online employees and platforms is a prerequisite for their participation in industrial injury insurance.The traditional legal protection model for workers in China is dichotomy,which means that identifying labor relations requires protecting workers in accordance with all relevant rules of the labor legal system;If labor relations are not recognized,workers’ rights,such as minimum wages,job security,social security,rest time,and holidays,are also not protected by the labor law.The platform takes advantage of the lagging nature of labor legislation to ostensibly sign non labor contracts with online employees,but actually controls online employees through labor management,resulting in brutal and disorderly employment on the platform.In the current legal system,"subordination" is the standard for determining labor relations,namely,personality subordination,economic subordination,and organizational subordination.However,in practice,the "dependency" between most online contracted workers and platforms is weak,and it is difficult to identify labor relations,resulting in their difficulty in being included in the scope of industrial injury insurance coverage.Based on platform employment practice and in-depth research on the basic theories of the industrial injury insurance system,this article examines the current situation and existing problems of China’s online employment injury insurance pilot projects,and combines relevant institutional experience from abroad to try to propose suggestions for establishing and improving China’s online employment injury insurance system,in order to better protect China’s online employment injury insurance rights and promote the rapid and healthy development of the platform economy.In addition to the introduction,this paper intends to analyze the online employment injury insurance system from the following five parts according to the idea of "posing problems-analyzing problems-solving problems" :The first part is the general theory of online contract workers and their work-related injury insurance.Based on a brief description of the basic background of the development of Platform economy and the rise of platform employment,this part defines "online employment" as: workers who rely on the network platform to provide services and obtain remuneration.Online dating tools have the characteristics of free participation and withdrawal,complex employment relationships,and special labor control processes.To focus on the topic,this article will limit the discussion to "crowdsourcing network contracting".In addition,this section also explains the legitimacy of incorporating online job hailing into the scope of work-related injury insurance,which includes meeting the core requirements of labor relations between online job hailing and the platform,the national goal of full social security coverage,and the high occupational risks and lack of protection of online job hailing.The second part is an analysis of the obstacles to establishing an online work injury insurance system.This section focuses on analyzing the obstacles to including online contract workers in the scope of work injury insurance: firstly,the binding of work injury insurance and labor relations.On the one hand,in order to avoid responsibility and reduce labor costs,the platform’s employment methods are extremely non-standard;On the other hand,due to their own flexibility and freedom,online contract workers have weakened their formal affiliation with the platform,making it difficult to determine the labor relationship between online contract workers.Secondly,there are special time and space limitations in the determination of work-related injuries.According to China’s work injury insurance system,only those who suffer damage during working hours can be recognized as work-related injuries;In terms of space,China’s work-related injury insurance system requires that those who suffer damage in the workplace can be recognized as work-related injuries.The third issue is the operational issue of payment for work-related injury insurance,mainly including the issue of the payment subject(China’s current work-related injury insurance system stipulates that work-related injury insurance fees are only paid by employers),the issue of work-related injury insurance rates and payment bases,and the difficulty in determining the payment of work-related injury insurance benefits.The third part is about the current situation and existing problems of the pilot system of flexible employment injury insurance in China.This article mainly introduces the main models of flexible employment injury insurance formed in pilot areas in China: direct participation injury insurance model,single injury insurance model,and non injury insurance model;On the basis of summarizing the institutional experience,this paper analyzes the practical problems existing in various practical models,in order to provide experience for the online employment injury insurance system.The fourth part is about the investigation and reference of foreign online contract workers’ work-related injury insurance systems.This article mainly introduces the work injury insurance systems in Germany,the United Kingdom,and Japan,analyzes and summarizes their relevant institutional experiences for reference,such as expanding the coverage of insured subjects,emphasizing work injury prevention,and expanding the scope of work injury recognition.The fifth part is suggestions for establishing a system of online work injury insurance.Based on the analysis of the first four parts and the requirements of China’s national conditions and the times,specific suggestions for establishing China’s online employment injury insurance system are proposed.Firstly,optimize the standards for determining labor relations and cannot be dealt with in a "one size fits all" manner.It is necessary to moderately broaden the scope of labor relations and expand the scope of labor relations determination,including online employment who have not established labor relations with the platform but meet the essence of labor relations within the scope of labor relations;The second is to optimize the standards for determining work-related injuries,by optimizing the standards for determining the "three work" principles and improving the situation of work-related injury identification;The third is to construct a reasonable payment mechanism by optimizing the payment subject,insurance premium rate,and payment base;The fourth is to optimize the content and method of payment for work-related injury benefits,including optimizing the subject of payment and compensation standards.