| The continuous development of the sharing economy has injected vitality into my country's economic development in the new era.Especially during the outbreak of the new coronavirus pneumonia epidemic,the sharing economy platform has played an irreplaceable role in protecting people's health and life.Driven by the sharing economy,my country's online car rental ushered in a rapid development opportunity,and more and more flexible employees began to join the online car rental driver group to cope with the job search dilemma.However,due to the certain binding relationship between China's labor law and employee social insurance,on the premise that the labor relationship between the ride-hailing driver and the ride-hailing platform is not clear,the ride-hailing driver cannot be included in the employee social insurance In the system,this makes it face greater occupational risks.Against the background of the increasing number of ride-hailing drivers,whether this part of the practitioners' social insurance rights can be effectively and effectively guaranteed will directly affect the stability of my country's labor relations in the new period.Based on this,this paper uses literature analysis,social survey,comparative analysis and other research methods to systematically study the social insurance problems faced by ride-hailing drivers in the context of the sharing economy.This article starts with the relevant theories of ride-hailing drivers in non-standard labor relations.Based on the definition of the concepts of non-standard labor relations and ride-hailing,based on the different modes of ride-hailing operations,we summarize the ride-hailing drivers The type included,and then determine the ride-hailing driver studied in this article refers to the ride-hailing service provided on the same ride-hailing platform for a long time,and there is a certain personal,economic,and organizational dependence on the ride-hailing platform.Driver group.Secondly,combined with the current legislative situation in China,it points out that the problems faced by social insurance for ride-hailing drivers in non-standard labor relations include that ride-hailing drivers cannot participate in the employee's social insurance system,the social insurance premium sharing mechanism is unreasonable,and there is a lack of reasonable standards.The collection of social insurance premiums is faced with difficulties,and it is difficult to identify industrial accidents in the field of judicial practice.The root causes of these problems are the binding relationship between China's labor law and social insurance,and the limitation of the scope of protection of traditional labor law.Once again,through the experience analysis of the social insurance related legislation of the British and American car-hailing drivers,it summarizes its relevant legislation in China to expand the application of labor laws,speed up the construction of exclusive insurance laws for online car-hailing drivers,and clarify the mandatory insurance obligations of online car-hailing platforms.Inspiration from three aspects.Finally,on the basis of drawing on the relevant legislative experience of foreign ride-hailing drivers,the legal response to the social insurance issue of ride-hailing drivers in non-standard labor relations needs to focus on expanding the rights of ride-hailing drivers,achieving layered protection,and constructing Reasonable social insurance premium sharing mechanism,perfecting the system of collecting social insurance premiums for ride-hailing drivers,and improving the work-related injury insurance system for ride-hailing drivers.The innovation of this article is to take the ride-hailing driver in the non-standard labor relationship as the research object,starting from the specific social insurance issues of certain types of ride-hailing drivers,discuss the protection of their rights,and propose the corresponding legal response path.It is an innovative attempt in terms of research perspective and research content. |
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