Research On The Legal System Of Occupational Injury Insurance For Flexible Employees

The occupational injury security system,as a basic institutional arrangement to improve people’s well-being and improve the level of co-construction,sharing and co-governance,has become an important part of the social security system.The occupational injury insurance system is an integral part of the occupational injury protection system.The establishment of the occupational injury insurance system reflects the value pursuit of fairness,universality and continuity of the occupational injury protection system.In the rapid development of the new economy,flexible employment has become an important way of employment.Flexible employment is a group that has not established a labor relationship with the employer or does not fully meet the conditions for the identification of labor relationship,and cannot participate in work-related injury insurance.Therefore,this group The lack of occupational injury protection has caused a series of social problems.Flexible employment has high occupational risks,but it is difficult to incorporate it into the industrial injury insurance system and the lack of commercial insurance protection,which hinders the improvement of the occupational injury insurance system and the establishment of a multi-level occupational injury insurance system.Therefore,occupational injury insurance must be re-examined The theoretical basis and practical basis of the legal system provide theoretical support and practical basis for the establishment of an occupational injury insurance system for flexible employment.First,the article defines the concept of flexible employment personnel,analyzes the occupational risks of flexible employment personnel,sorts out the local pilots of occupational injury protection for flexible employment personnel,and summarizes the beneficial experience of various local pilots.Secondly,the occupational injury insurance system is different from the work-related injury insurance system,which is reflected in the difference in the objects of protection,theoretical basis and protection items;it is precisely because of the differences between the occupational injury insurance system and the work-related injury insurance system that flexible employment personnel do not have labor relations or are not fully It is necessary to establish an occupational injury insurance system that meets the conditions for the identification of labor relations and cannot be included in the occupational injury insurance system.In practice and in theory,there is a practice of using commercial insurance to protect the occupational injury of flexible employees,but commercial insurance cannot meet the occupational injury protection of flexible employees.Commercial insurance and occupational injury insurance belong to different types of insurance and have their own functions,which further proves the necessity of establishing an occupational injury insurance system.In terms of system design,the occupational injury insurance of flexible employees can adopt the model of occupational injury insurance system + commercial insurance,and learn from the experience of various local pilots to implement compulsory insurance for flexible employees of the main occupation,and part-time flexible employees can be organized.They voluntarily participate in insurance,and at the same time,they should further make clear system design in premium payment,occupational injury identification and insurance treatment arrangements.