In recent years,With the vigorous development of the sharing economy model,New employment forms based on the Internet platform rapidly extend to transportation、Takeaway meal delivery、Freight logistics and other service industries,Online ride-hailing driver、Take away rider、The number of express delivery workers and other employees is increasing。The "China Sharing Economy Development Report (2021)" released by the National Information Center shows,The number of sharing economy participants nationwide in 2020 is about 8.300 million people,About 84 million of them are service providers,A year-on-year increase of about 7.7%。This economic format is driving consumption、Stimulate market vitality、While creating job opportunities,The Internet platform employment model with "online labor contracting" as the main body also poses a challenge to the current labor and bet365 new user promo system。To this,The report of the 20th National Congress of the Communist Party of China clearly pointed out,Improving labor laws and regulations,Improving the labor relations negotiation and coordination mechanism,Improving the system for protecting workers’ rights and interests,Strengthening the protection of workers’ rights and interests in flexible employment and new employment forms。
Since my country’s Labor Law, Labor Contract Law, and Social Insurance Law were enacted earlier,It has a certain lag in adjusting to new employment forms。The Internet platform employment model has low entry barriers、Complex employment forms、Flexible work location、Free working time、Characteristics of extremely quantified income and high staff mobility。Workers show “weak subordination” to platform companies,Obviously different from the “strong subordination” of workers to employers in typical labor relations,This determines that the traditional elements of “management”, “control” and “domination” are difficult to use as criteria for judging the legal relationship between the two parties under the platform employment model。If mechanically applicable,It is easy to conclude that there is no labor relationship between the two parties。What’s more important is that the bet365 new user promo system, which is closely linked to labor relations, is difficult to adapt to this employment model,A large number of workers with new employment forms are actually on the edge of the bet365 new user promo system。
In practice,Some platform companies do not provide any insurance,Although some purchase commercial insurance for workers,But there is a certain gap compared with bet365 new user promo protection,And it is common that the insurance types are not corresponding、Individualized premium payment、Limited insurance coverage、Shorter insurance period、Problems such as low claim amount,Unable to provide comprehensive and effective protection。Once a worker is injured during work,Lack of relief from work-related injury insurance,It will have a serious impact on their rights to survival and development。Under the current situation,Reform the current bet365 new user promo system,Thus, such people will be included in the bet365 new user promo system,It has become a real problem that needs to be solved。July 2021,The "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Employment Forms" (hereinafter referred to as the "Guiding Opinions") issued by eight departments including the Ministry of Human Resources and bet365 new user promo provides preliminary guidance on social insurance, especially occupational injury protection issues。However,How to implement the policy,How to design an employment model that is highly adaptable to the Internet platform、Flexibility and feasibility solutions,There are also some practical factors to consider。
First,bet365 new user promo is a long-term burden,The payment mode is "bundled",Single insurance payment or partial payment is basically not allowed。Pension and medical insurance are jointly borne by units and individuals in proportion,Fertility、Work-related injury and unemployment insurance are borne by the unit。If the platform company pays social insurance for it,The cost of this new employment model will be almost the same as that of the traditional employment model。And from an operational perspective,bet365 new user promo application requires procedures,Payment is on a monthly basis instead of a daily basis,Need to accumulate payment for a certain period。Considering that many workers have a short employment cycle,It is not feasible for platform companies to insure them,It may even increase the management burden unnecessarily。
Secondly,A considerable number of workers tend to put short-term interests first。They do this kind of work,Only as a temporary or transitional option,Pay more attention to realistic disposable interests,The demand for bet365 new user promo payment on the platform is low。If bet365 new user promo fees are deducted from wages on a monthly basis,On the contrary, it will reduce the actual income。There are also many workers who come from rural areas to cities,He has participated in the “New Rural Insurance” and “New Rural Cooperative Medical System” with a rural household registration in his registered place。For these people,Normally, you can no longer participate in urban employee bet365 new user promo。Even if you participate in insurance repeatedly,You can only choose one of the two for future reimbursement。
Finally,The current "Social Insurance Law" mainly follows employee bet365 new user promo,Town、Model supplemented by bet365 new user promo for urban and rural residents。If the platform company does not pay employee bet365 new user promo for employees with corresponding needs,Although practitioners also have ways to participate in insurance on their own,But the attractiveness and adaptability are relatively low: first, participating in employee bet365 new user promo as a flexible employee,This method can only pay for pension insurance and medical insurance,Usually insured at the place of residence,At your own expense;The second is to pay bet365 new user promo through a third-party institution,Although this method can pay for the "five insurances",But the cost is higher and all is borne by yourself;The third is to participate in social insurance for urban and rural residents,It only has two types of insurance: pension and medical insurance,No work injury insurance。Medical insurance requires annual payment,There is also a gap in benefits compared to employee bet365 new user promo。Especially for those who are employed across provinces,Even if you choose the corresponding way to participate in insurance,The procedures for transferring to other places in the future will also be more troublesome。
For this purpose,Adaptive reform of the bet365 new user promo system under the Internet platform employment model,First of all, we must achieve the "triple breakthrough"。One,Breakthrough in labor relations as a principle prerequisite for insurance participation,Innovative labor relations theory,"Untie" the relationship between labor relations and social insurance。Part 2,Break through the model that the "five insurances" should be paid as a whole,"Relax" different insurance types based on demand matching,Allow conditional payment of single or partial insurances。Part 3,Further breaking through the institutional barriers for such workers to participate in insurance,Improving the bet365 new user promo transfer mechanism between the place of employment and the place of residence (regular residence),Improve the convenience and efficiency of the transfer process,Resolve the worries of some workers。For the most critical labor relations issues,Theoretically, there are two main views: one is based on the current labor law,By lowering the standards for identifying labor relations,Include this type of workers into the scope of adjustment,Also regard this employment form as a new category,Instead of indistinguishable from traditional labor relations;Another opinion is that it is difficult to identify as a labor relationship that does not meet the characteristics of a labor relationship,Introducing the concept of “quasi-labor relationship”,Thus constructing a new "labor three-part rule",That is, the employment forms are divided into "labor relations", "quasi-labor relations" and "freelancing"。To this,The "Guidance Opinions" absorb the latter view,Clearly “consistent with the circumstances of establishing labor relations,Enterprises should conclude labor contracts with workers in accordance with the law。It is not completely consistent with the situation of establishing labor relations but the enterprise conducts labor management on workers,Guide enterprises to enter into written agreements with workers,Reasonably determine the rights and obligations of enterprises and workers。Individuals rely on the platform to independently carry out business activities、Engage in freelancing, etc.,Adjust the rights and obligations of both parties in accordance with civil laws”。It should be said,The "three-part labor rule" system avoids "one size fits all",Able to adapt to the diverse characteristics of platform employment,However, the boundaries between “labor relations”, “quasi-labor relations” and “freelance employment” must still be clarified legally。
In addition,Properly solve the practical problem of workers in the new employment form being “free from bet365 new user promo”,We must also follow the basic concept of "four combinations"。One,Combining enterprise cost burden with individual labor security。Due to the huge size of such workers,The platform enterprise will bear the bet365 new user promo expenses as a whole,It will naturally significantly increase labor costs。This will not only curb the development of the industry,Eventually it will also affect the employment space and opportunities in the market。Therefore,Adaptive reform of the bet365 new user promo system,Should be based on the characteristics of the industry and the actual needs of workers,Taking into consideration personal actual income and labor rights protection、Enterprise labor costs and industry development,Strive to find a balance point among the interests of all parties。Part 2,Enterprise、Combining personal responsibility with national supplement。Although platform companies have diverse employment forms,But workers’ work tasks and income remuneration are all distributed by the platform,Platform companies serve as employers directly linked to them,Should be the primary subject responsible for bet365 new user promo responsibilities for such workers。In some industries,If there is a situation where it is difficult for the enterprise to bear all the costs,The state can provide appropriate bet365 new user promo subsidies,Reduce their labor burden。For the accidental injury subsidy system that is being piloted in some areas,That is, the local government provides subsidies to platforms or individuals in a certain proportion based on the payment amount,This is a path,But in the future, will it be integrated into the bet365 new user promo system or run in parallel with it,Still worth thinking about。Part 3,Combination of state leadership and market allocation,Building a collaborative and complementary mechanism between social insurance and commercial insurance。For the parts that are not covered by social insurance,The country should introduce supporting policies,Encourage commercial insurance institutions to develop targeted insurance products,Exploring the socialization path of commercial insurance,Thus creating multiple levels、Multi-channel labor insurance system,Improve overall coverage and adaptability。Fourth,Combining compulsory insurance and voluntary insurance,Differentiated arrangements to achieve “legality” and “flexibility”。It is necessary to effectively cover social insurance to such groups,First of all, the scope of collection and payment should be clearly defined,For example, work-related injury insurance directly related to the work of new employment form workers、Medical insurance is compulsory payment,Reasonably set the payment ratio between enterprises and individuals。Also consider flexibility,Allow workers to voluntarily pay for other insurances according to their own needs or replace them with commercial insurance。
(This article is a phased result of the Anhui Province bet365 new user promo Science Innovation and Development Research Project "Research on the Adaptive Reform of the bet365 new user promo Insurance System under the Internet Platform Employment Model" (2021CX118)
(Author’s unit: Anhui Normal University bet365 new user promo School)
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