Research On Legal Issues Of Occupational Injury Insurance For Flexible Employment

Based on the definition of the Institute of Labor and Social Sciences in my country,flexible employment personnel refer to people who are different from the traditional mainstream employment forms in terms of working hours,income and remuneration,work location,and labor relations.According to whether the subordination between flexible employees and the employing unit can meet the criteria for determining labor relations,they can be divided into two types: flexible employees with labor relations and flexible employees with non-labor relations.The research in this article is non-labor relationship flexible employment personnel.If flexible employment personnel meet the subordination standard,it can be considered that there is a labor relationship with the employing unit,and they will automatically fall into the scope of traditional laborers.In reality,most flexible employees and employers only constitute an "employment relationship" or "labor relationship",but the traditional work injury insurance system will have labor relations as a prerequisite for work injury protection.Therefore,non-labor relations flexible employees fall into occupations.The dilemma of injury protection without a door.Although some scholars have proposed that commercial insurance can be used to solve temporary difficulties,the level of social insurance benefits,non-profit characteristics,and the nature of benefits cannot be replaced by commercial insurance.Therefore,how to include the occupational injury risks of non-labor relations flexible employees into the scope of social insurance protection,and solve the practical difficulties encountered by the protection of non-labor relations flexible employees in the ever-increasing social contradictions,is an urgent need for research in the field of labor law.And the question to be explored.Due to non-labor relations,flexible employees are insured for work-related injury,the payment subject,and work-related injury identification issues are unique.To solve the problem of occupational injury,it cannot be simply included in the current work-related injury insurance system.It needs to be included in the work-related injury insurance system.Next,in accordance with the particularity of non-labor relationship flexible employees,the system will be innovated,and an occupational injury insurance system will be formulated specifically for non-labor relationship flexible employees.At present,Taicang City,Wujiang District and other places have explored the establishment of occupational injury insurance systems for non-labor relations and flexible employment.Practical experience has been obtained in terms of insured objects,fund raising,work injury identification,and payment of benefits.This is important for solving the problem at the national level.The problem of occupational injury insurance for non-labor relations with flexible employment has important reference significance.First of all,from the perspective of institutional attributes,based on protection capabilities and sustainability considerations,occupational injury insurance should be classified as social insurance,not a supplementary,profitable commercial insurance.Occupational injury insurance is essentially an institutional innovation that cannot be included in the current work-related injury insurance system due to the particularity of flexible employees,especially for non-labor relationship flexible employees.Secondly,when it comes to the construction of the system,it should reflect the core value of social insurance "insurance to be covered",expand the scope of insured objects,and cover non-labor relations with flexible employment.In terms of the subject of payment,from the perspectives of employment relationship,promotion of the development of flexible employment forms,and benefit distribution,the subject of payment for occupational injury insurance for other-employed flexible employees should be the employer,and the subject of payment for self-employed flexible employees should be Its own.Third,with regard to the identification of work-related injuries,the standards for the identification of work-related injuries should be improved reasonably.While weakening the “spatial elements” and emphasizing “causal elements”,the procedures for the identification of work-related injuries should be simplified as much as possible.At the same time,in terms of treatment payment,in order to relieve the employer’s higher pressure than traditional employers due to occupational injury insurance,improve the level of occupational injury protection,and achieve a higher degree of overall payment,part of the treatment that originally required employers can be paid by employers.The Occupational Injury Insurance Fund will pay for it.Finally,in terms of the scope of occupational injury compensation,the one-time medical and disability subsidy must be obtained on the premise of the termination of the labor relationship,but there is no legal labor relationship between non-labor relationship flexible employees and the unit.Therefore,Part of the compensation does not apply to non-labor relations and flexible employment.In addition,supporting measures can also be established to promote the sustainable development of the occupational injury insurance system,including:moderate introduction of commercial insurance agencies to assist management to improve management efficiency and level;labor-intensive platforms as the focus of insurance to increase occupational injuries The efficiency of insurance participation expansion;establish and improve the occupational injury prevention system,and promote the sound development of the occupational injury insurance system.