A Research On Occupational Injury Protection For Employees Of "Internet+" Platform

With the continuous development of new employment patterns,the number of employees on the "Internet+" platform has continued to grow.At the same time,the increase in occupational injury risk has led to frequent labor dispute cases on the "Internet＋" platform,especially in the express delivery,take-out food industry and ride-hailing industry.In the court’s trial of labor disputes on Internet platforms,the judgments on whether the "Internet＋" platform and employees constitute labor relations are not the same.The main symptom is whether to conclude a labor contract or form an actual labor relationship.The issue of occupational injury protection for employees of the "Internet+"platform is controversial and has become a matter of increasing concern.Studying on the case of Suzhou,this article describes the employees of the "Internet+"platform as follows:young and middle-aged men with a junior college degree or less are the majority of employees,and are engaged in express delivery and take-out food industry;with long working hours,less rest and vacation;and more than half of part-time employment;working years are generally short and fluidity is large.The outstanding problems of occupational injury protection are as follows:most platforms and employees are service relations,and only 10%sign labor contracts and pay Social Insurance;traffic accident is the biggest occupational injury risk;most platforms provide employees with insurance against risks by means of commercial insurance such as employer liability insurance or accidental injury insurance.The reason for the lack of occupational injury protection stems from the "Internet+",platform,the government and the employees themselves:the platform does not sign labor contracts with employees;lack of higher-level laws,the original legal labor relationship can not be docked;the level of employees’ability to defend their rights and act collectively is low.Since 2006,Nantong City,Taicang City and Wujiang District of Jiangsu Province have successively conducted trials of the occupational injury protection system for flexible employment personnel.Nantong’s system is a continuation of the original employee injury insurance.Taicang’s system focuses on local flexible employment personnel.In contrast,employees are more willing to accept Wujiang’s open flexible employment employee occupational injury protection system.Therefore,on the basis of full coverage and full participation of statutory personnel,the Wujiang pilot experience can be expanded,and the following considerations and suggestions are put forward:the establishment of an occupational injury protection system for the intermediate category of workers with flexible employment on the "Internet+" platform;establishing multi-level accidental injury insurance covering the entire population;allow for sole participation in injury insurance;trying to improve the ability of employees of the "Internet+" platform to safeguard their rights and take collective action.