Research On The Protection Of The Social Insurance Rights Of Flexible Employment Personnel

With the development of the sharing economy and Internet platforms,there are a large number of participants in the sharing economy,and the number of flexible workers continues to grow,accounting for an increasing proportion of the total number of employed people.Relying on the Internet platform of sharing economy,flexible employment involves all aspects related to people’s livelihood.In practice,with the development of flexible employment,there are many problems to protect the rights and interests of flexible employment personnel.The Fifth Report on the Development of China’s Sharing Economy(2020),released by the State Information Center of China,clearly points out that the social security system of flexible employment personnel should be improved.As the core of social security system,social security for flexible employment personnel should be based on the protection of social insurance rights and interests of flexible employment personnel.When applying the current social insurance system to protect the rights and interests of flexible employees,many problems are exposed and it is difficult to effectively protect the rights and interests of flexible employees.Developing the social insurance system is conducive to protecting the rights and interests of flexible employees and can provide reference for judicial practice.It is necessary to study and analyze the application of social insurance for flexible employment personnel.Based on this,suggestions are put forward to perfect the social insurance system for flexible employment personnel.First,define the emerging and diversified employment methods under the background of sharing economy as flexible employment,and clarifies that flexible employment is different from full-time employment in terms of working time,working place and employment mode and term.The traditional "subordinate" theory,the existing legal system and the judicial practice all protect the rights and interests of flexible employment personnel through the identification of labor relations,but they cannot form a unified standard.Whether personnel of flexible obtain employment can enjoy laborer equal rights and interests safeguard cannot be determined.The path to protect the rights and interests of flexible employment personnel includes labor relations protection path,social insurance path and other social protection path.The most effective way to protect the rights and interests of flexible employees is to perfect the social insurance system.Based on the theories of "personal dignity","distributive justice","citizenship" and "risk sharing",combined with the current social insurance system of flexible employment personnel and its demand for social insurance,it is suggested that the rights and interests of flexible employment personnel should be protected by improving the social insurance system of flexible employment personnel.The second part analyzes the status quo of social insurance for flexible employment personnel.Study the case of social insurance application for flexible employment personnel in takeout platform and house-cleaning service platform.Summarize the dilemma of social insurance application of flexible employment personnel.Because personnel of flexible employment in our country cannot be identified exist labor relations,it is difficult to apply worker social insurance,and it is difficult to identify industrial injury.The subject and standard of social insurance premium collection are not clear.The social insurance rate is too high,the supervision of social insurance funds is insufficient,and the sustainable operation of social insurance funds is difficult.The theory of binding social insurance and labor relations requires that the application of social insurance should be based on the existence of labor relations.The social insurance rate is too high,the cost sharing is unreasonable,the coverage scope is narrow.The social insurance system for flexible employees in different regions is not unified,and it is difficult to transfer social insurance between different regions and to transfer and renew social insurance relations.Altogether leads to flexible employment personnel social insurance applicable predicament.The third part studies the experience of the German "quasi-employee" system,the American remote labor system,the Japanese social insurance system of part-time labor and the Italian "quasi-subordinate labor" system.It is concluded that the social insurance system of flexible employment personnel in China should be forced to apply social insurance to flexible employment personnel,unify the identification standard of flexible employment and establish a multilevel social insurance system to protect the rights and interests of flexible employment personnel.The fourth part puts forward some suggestions to improve the social insurance system of flexible employment personnel.It makes clear that,in improving the social insurance system for people with flexible employment,the principles of universality,unity of rights and obligations,substantive fairness and sustainability should be followed.Above all,on the basis of bringing personnel of flexible employment into basic social insurance,add supplementary social insurance,introduce commercial insurance,establish a multilevel social insurance system.Next,perfect the industrial injury insurance system of personnel of flexible employment,run fund of industrial injury insurance independently,pay means to pay treatment of industrial injury insurance of personnel of flexible employment in one time.Thirdly,the social insurance fee collection and payment mechanism of flexible employment personnel should be improved.It is clear that the subject of flexible employment,the government and flexible employment personnel should be the main payer of social insurance premiums.Whether to achieve the working time of personnel of flexible obtain employment full-time standard,determine standard of different pay.Finally,multichannel investment to maintain and increase the value of social insurance funds.Strengthen information disclosure,strengthen the supervision of social insurance funds.Formulate a unified national procedure for the transfer and replacement of social insurance benefits,and simplify the transfer and replacement process.Ensure the continuous operation of social security funds.