Research On The Legal Protection Of Self-employed Workers In China

With the global adjustment of the labor market,the employment structure inside the organization is also undergoing great changes,which is mainly reflected in the gradual disintegration of the traditional employment mode,the emergence and development of the more flexible way of employment,and gradually becoming dominant in some industries.As a kind of self-employment is different from the traditional way of employment,labor is rational choice of their own human capital endowments and capital endowments based on this form of employment both exist widely in developing countries or developed countries,it can be said that self-employment is an inevitable phenomenon in the process of city.The academic circles in our country have not paid attention to the employment mode of self-employed worker,and have less research on their legal protection.,but the powerful builders of the socialist cause,they inject new vitality into the labor market,create more wealth,should get full legal protection.This paper,starting from the concept of self-employment,analyzes the composition of the self-employed group in China.Because self-employment workers and similar concepts are easy to be confused,especially the two concepts which are analyzed in this paper--"self-employed worker" and "independent contractor".The Anglo American law system,especially the United States,has been recognized by the law and the public since the last century,and the system of independent contractors has been improved in many institutional designs.Therefore,this paper analyzes the characteristics of American independent contractors,as well as from the factors of behavior,economy,relationship between the three aspects and employees were defined,summed up the independent contractors system to alleviate economic cyclical unemployment and flexible individual employment,give full play to the individual and the advantages of several high income etc..Based on the comparative analysis,it is analyzed that the self-employed workers in China are still not well protected by law.They not only have no clear legal status,but also have many deficiencies in terms of tax and social security.Therefore,suggestions are as follows: firstly,some self-employed workers through the identity conversion to become the subject of legal protection,so this kind of crowd is the law;secondly,it cannot change on the one hand to strengthen the legislation,aiming at sharing the economy under the new self-employed workers made in accordance with laws and regulations development,on the other hand,the traditional industry detailed laws and regulations,protection of rights;third,the tax arrangements should not only improve the efficiency and quality of the self-employment tax service workers,but also according to different industries to give tax incentives;finally,perfecting the endowment insurance and medical insurance legislation on social security,learn the advanced practice of other countries,and gradually promote the industrial injury insurance etc.other means of social insurance.