Empirical Study On Industrial Injury Protection Under The Background Of Sharing Economy

Under the background of “Internet plus”,the economy of China is still in the stage of rapid growth.The number of employees of sharing economy platform enterprises shows an explosive growth trend.The development of sharing economy not only brings great changes to people's life,but also provides more possibilities for Chinese workers to choose the way of employment.However,the flexibility and informality of sharing economy workers also determine the differences in labor relations,social security and payment between them and the traditional workers.Under the new economic model,the labor security and rights protection of these sharing economy workers are far from enough to meet the requirements of practical development,especially the protection of industrial injury of sharing economy workers is the most prominent.Based on the three typical cases,the author makes a more in-depth discussion on the identification of employment relationships of sharing economy workers and the problems existing in industrial injury relief in practice.Through case analysis and searching for relevant data,we can find the following three problems:the employment relationship between the sharing economy workers and the sharing economy platform is not clear,and it is difficult for the sharing economy platform workers to participate in the work-related injury insurance,and the compensation procedure for work-related injury after the accident is obviously unreasonable.First of all,this paper gives a basic overview of the employment of the sharing economy,and then focuses on the definition of labor relations and the current recognition standards of labor relations in China.On this basis,the author thinks that the definition of the legal relationship between the sharing economy workers and Internet enterprises can not be generalized In most cases,it is still necessary for judicial officers to make judgments according to the specific circumstances of the parties.In view of the employment relationship of the sharing economy,we should gradually carry out legal regulation,and encourage the development of the legal standardization of the sharing economy employment with the labor relationship as the mainstream.Secondly,through the analysis of the reasons for the difficulty of workers' work-related injury insurance in the sharing economy platform and the necessity and feasibility of the insurance,the author makes an in-depth analysis and research ideas on the insurance mode of workers' work-related injury insurance in the sharing economy platform.As for the mode of the industrial injury insurance,the author explains in detail the current industrial injury insurance mode and the accident injury insurance.On the distribution of payment responsibility of platform workers,according to the comprehensive of many factors,the author tends to choose the mode of integrating the industrial injury insurance of sharing economy workers into the current industrial injury insurance system.Based on the characteristics of the sharing economy workers,the payer is suitable for multiple parties and not suitable for imposing on a single entity.Finally,through the introduction of the general provisions of compensation procedures in China,it can be found that there are complicated identification procedures and payment process of industrial injury insurance benefits in the process of industrial injury compensation for workers on the sharing economy platform,so as to improve the industrial injury compensation procedures for workers on the sharing economy platform.The author believes that the identification procedure of industrial injury should be more convenient and efficient,and he relevant system of payment should be distinguished from the traditional workers.The amount of compensation of the sharing economy workers should be confirmed based on the average wage during the working period,and take work injury insurance fund as the only payment subject,and the corresponding payment of these workers should be completed by means of one-time payment,and these methods are more reasonable.