In recent years,With the booming development of the sharing economy model,The new employment form generated by the Internet platform is quickly extended to traffic travel、Takeaway meals、Freight Logistics and other service industries,Online car driver、Takeaway Rider、The number of practitioners such as courier distributors and other practitioners is surging。The "China Sharing Economic Development Report (2021)" released by the National Information Center shows,About 830 million national sharing economy participants in 2020,Among them, the service provider is about 84 million people,increased by about 7.7%year -on -year。This economic format is driving consumption、Stimulate market vitality、At the same time as creating employment opportunities,The Internet platform employment model with the main body of "Internet contracting" also challenges the current labor and social security system。For this,The 20th National Congress of the Party clearly points out,Improve labor laws and regulations,Improving the coordination mechanism of labor relations and negotiation,Improve the labor protection system for workers,Strengthen the guarantee of the rights and interests of flexible employment and new employment.。
Due to my country's "Labor Law", "Labor Contract Law", and "Social Insurance Law", it is developed earlier,It has a certain lag in adjusting the new employment form。Internet platform employment mode is low in entry threshold、Complex employment forms、Flexible work location、Freedom of labor time、Extremely quantitative income and large personnel liquidity。The "weak subsequent attributes" showed by the workers to platform companies,Obviously different Bet365 app download from the "strong subordinate attribute" of workers in the employer in the typical labor relationship,This determines the traditional elements of "management", "control" and "domination", it is difficult to be used as the judgment standard for the legal relationship between the two parties in the platform employment mode。If the mechanical is applicable,It is easy to conclude that there is no labor relationship between the two parties。More importantly, it is difficult to adapt to this employment mode that leads to closely linked to labor relations,A large number of new employment form workers are actually on the edge of the social security system。
In practice,Some platform companies do not provide any insurance,Although some buy commercial insurance for workers,But there is a certain gap compared to the social security guarantee,and generally there is no corresponding type of insurance、Premium bearing individualization、Limited insurance range、Short insurance period、Low claims amount and other questions,Unable to provide a comprehensive and effective guarantee。Once the workers have personal injury during work,Relief for lack of work injury insurance,It will cause serious impact on its right to survival and development。Under the current situation,Reform the current social security system,So this type of personnel into the social security system,It has become a real problem that needs to be solved urgently。July 2021,The "Guiding Opinions on Maintaining the Rights and Interests of Labor Insurance of Labor Insurance" issued by the eight departments of the Ministry of Human Resources and Social Security (hereinafter referred to as "Guidance Opinions") provides preliminary guidelines for social insurance, especially occupational damage guarantee。But,How to implement the policy,How to design a set with the Internet platform employment mode is highly compatible、Flexibility and feasibility scheme,Also consider some practical factors。
First,Social security bet365 live casino games is a long -term burden,The payment mode is "Binding",Basically not allowed single insurance payment or partial payment。Among them, the elderly and medical insurance shall be jointly undertaken by the unit and individual in proportion,Fertility、Work injury and unemployment insurance shall be borne by the unit。If the platform company pays social insurance for it,It will make the cost of this new type of employment model that is almost the same as that of the traditional employment model。and from the perspective of operation,Social security processing needs to take a process,The payment is monthly instead of the day,Need to pay a certain period of time。Considering that many workers have a short employment cycle,Platform companies are not strong for their feasibility for their insurance,I will even increase the management burden unnecessary。
Next,A considerable part of the workers have a tendency of short -term interests in their own。They are engaged in such work,Just use it as a temporary or transitional choice,Pay more attention to realistic disposable benefits,Lower demand for social security on the platform。If you deduct social security expenses from the salary monthly,will reduce actual income。Many workers are migrant workers who enter the city in the countryside,It has participated in "New Rural Insurance" and "New Rural Cooperative" in rural household registration。For these people,Usually you can no longer participate in urban employee social security。Even if you repeat the insurance,In the future reimbursement, you can only choose one in two。
Last,The current Social Insurance Law follows the main social security,Town、A supplemented by urban and rural residents' social security。If the platform company does not pay employee social security for practitioners who have corresponding needs,Although the practitioners also have their own ways of insurance,But the attractiveness bet365 Play online games and adaptability are relatively low: First, participate in employee social security as flexible employees,This way can only pay endowment insurance and medical insurance,Generally participating in the household registration place for insurance,The cost is negative; the second is to pay the social security by the way to the third -party institution,Although this method can be paid "five insurances",But the cost is higher and all borne by yourself; the third is to participate in the social insurance of urban and rural residents,It only has two types of insurance and medical care,No work injury insurance。Medical insurance needs to be paid annually,There is also a gap between the treatment compared to the social security of employees。Especially for some people who employment across provinces,Even if you choose the corresponding way to participate in the insurance,Future Different Land Transfer procedures are also cumbersome。
For this,Adaptability reform of the social security system under the employment mode of the Internet platform,First of all, "triple breakthrough"。One,Breaking through labor relationship as the principle prerequisite for insurance,Innovative labor relations theory,"loosen the labor relationship and social insurance relationship"。Its two,Models that should be paid overall for breaking the "five insurances","loosen" with different types of insurance with demand matching,Allowing conditions to pay a single or part of the insurance。Its three,Further breaks through the institutional obstacles of such workers' insurance,Improve the social security interoperability transfer mechanism of employment and household registration (frequent place of residence),Improve the convenience and efficiency of the transfer process,Solve the worries of some workers。For the most critical problem of labor relations,Theoretically there are two main views: one is based on the current labor law,Standards for the identification of labor Bet365 app download relations,Increase such workers into the adjustment range,At the same time, use this employment form as a new type,instead of no difference with traditional labor relationships; another claim is difficult to identify as a labor relationship for the characteristics of the labor relationship,Introduction of the concept of "labor -like relationship",to build a new "three -point labor method",That is, the employment form is divided into "labor relations", "labor relationship relationship" and "freelance occupation"。For this,"Guidance Opinions" absorbed the latter view,Clarify "Following the establishment of a labor relationship,Enterprises shall establish a labor contract with the workers in accordance with the law。Establishment of labor relations is incomplete, but the company conducts labor management of workers,Guide enterprises to establish a written agreement with workers,Reasonably determine the rights and obligations between enterprises and workers。Personal relies on the platform to independently carry out business activities、Entering freelance occupation,Adjust the rights and obligations of both parties in accordance with civil law "。It should be said,The "Labor Three -point Method" system avoids "one -size -fits -all",The characteristics that can adapt to the diversification of platform employment,But still must clarify the boundaries of "labor relations", "labor -like labor relationships" and "free occupation" from the law。
other,Properly solve the practical problem of "free from social security" for new employment forms,Also follow the basic concept of "four combinations"。One,Combination of corporate cost burden with individual labor protection。Due to the huge volume of such workers,The platform enterprise has the overall burden of social security expenses,Naturally, it will increase the cost of employment significantly。This will not only restrain the bet365 live casino games development of the industry,In the end, it will also affect the employment space and opportunity of the market。So,Adaptive reform of the social security system,Based on the characteristics of the industry and the practical needs of the workers, it should be based on,Take into account personal actual income and labor rights protection、The cost of employment and industry development,strive to find a balance point in the interests of all parties。Its two,Enterprise、Personal responsibility to combine with the state。Although the employment form of platform companies is diversified,But the workers' work tasks and revenue are derived from platform allocation,Platform enterprise as a useful worker,It should be the primary subject to assume the responsibility of such workers' social security。In some industries,If there is an enterprise, it is difficult to bear all the situation,The state can give moderate social security subsidies,Reduce its employment burden。Substitute of accidental damage subsidy system for piloting in some areas,That is, the local government gives the platform or personal subsidy according to a certain percentage of the payment,This is a path,But will it be merged into the social security system or it is in parallel,Still worth thinking。Its three,The combination of national leading and market configuration,Constructing a coordinated mechanism for social insurance and commercial insurance。For parts that should not be covered in social insurance,The state should introduce supporting policies,Encourage commercial insurance institutions to develop targeted insurance products,Exploring the social insurance path of commercial insurance,to create a multi -level、Multi -channel labor insurance system,Improve the overall coverage and adaptability。Qi Four,Combined combined with insurance participation and voluntary insurance,Differential arrangements of "legal" and "flexibility"Bet365 lotto review 。We must effectively cover social insurance to such groups,First of all, it should be clearly explicitly contributed,For example, the work injury insurance directly related to the work of the new employment form workers、Forced payment of medical insurance,Reasonably set the proportion of payment for enterprises and individuals。At the same time, take care of flexibility,Allows workers to voluntarily pay other insurance types according to their own needs or replace commercial insurance alternatives。
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(Author Unit: Law School of Anhui Normal University)
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