Digging a New Path for Occupational Injury Protection for Workers in New Employment Forms

2023-11-20

Many new forms of employment workers are unable to obtain work-related injury insurance claims after accidents due to their inability to confirm their employment relationship with the platform. The relevant person in charge of the Ministry of Human Resources and Social Security stated that currently, 7 platform enterprises in 7 provinces and cities are conducting pilot occupational injury protection based on payment according to documents, which has brought good news to the "little brothers". According to relevant data, there are currently 84 million new forms of employment in China's foreign labor market, including sellers, ride hailing drivers, and couriers, becoming an important force in the labor market. This new form of employment that relies on internet platforms to provide services has profoundly changed the labor relations under traditional employment models, posing new challenges to the protection of occupational injury rights and interests. As a result, the number of confirmed labor relations disputes is increasing, which has attracted widespread attention. From the perspective of judicial practice, although the court provides maximum support to the demand for confirmation of labor relations after occupational injury protection disputes involving work-related injury insurance benefits between new forms of employment workers and platform enterprises, the current labor law sets a threshold for workers to only enjoy work-related injury insurance benefits by establishing a labor relationship and signing a labor contract with the employer. Most new forms of employment workers, due to their work location The time is not arranged by the platform enterprise, and it is up to them to decide whether to go online and accept delivery tasks, resulting in insufficient basis for determining the existence of labor relations between the two parties. Faced with the objective legal obstruction of workers enjoying occupational injury protection rights in the new employment form, and in the situation where the time for revising the current laws is not yet ripe and cannot wait for the improvement of the laws, platform enterprises are undoubtedly of practical and positive significance to make new employment form workers participate in occupational injury protection through the method of "paying fees according to individual quotas". "Fixed payment per order" refers to the platform enterprise breaking down complete work tasks into individual orders, paying fees according to each payment standard, and allowing new employment workers to participate in occupational injury protection in real name on a monthly basis. After an occupational injury occurs, the relevant medical expenses will be fully reimbursed by the Occupational Injury Security Fund. As a rights and interests protection model that adapts to the digital era and focuses on completing task orders as the main form of labor, "pay according to single quotas" not only strengthens the payment responsibility of platform enterprises to provide occupational injury protection for new forms of employment workers, but also provides a strong grip on ensuring the rights and interests of the latter. Moreover, it does not confirm the advantages of labor relations, The entry point for solving the problem of occupational injury protection for workers in new employment forms has been identified for the enjoyment of occupational injury protection rights by workers in new employment forms. The emergence of new forms of employment provides vast employment opportunities for workers, and also puts forward requirements for exploring occupational injury protection for workers in new forms of employment. Only by fully considering and balancing the interests of workers in both the platform and the new employment form, and finding solutions that are more in line with market laws and the protection needs of workers' rights and interests in the new employment form, can we better promote the healthy development of the new employment form. From the pilot situation in various regions, the "fixed payment per unit" model not only achieves full coverage of occupational injury protection for new forms of employment workers, but also enables platform enterprises to better fulfill their social responsibilities. This rights protection model breaks through the legal bottleneck of determining labor relations, and provides appropriate solutions for labor supervision, arbitration, and judicial departments to address occupational injuries in the digital age

Edit:Zhou Shu    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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