Research On The Occupational Injury Protection System For New Business Practitioner

Under the current wave of digital economy,new forms of employment are in the ascendant,which is bound to become a future employment trend,and increasingly become a hot spot in labor law practice and theoretical research.According to data released by the National Bureau of Statistics in 2021,there will be 200 million people in flexible employment in my country in 2021.According to the "China Sharing Economy Development Report(2021)",there will be about 830 million participants in the sharing economy and about 631 employees in platform companies.10,000 people,a year-on-year increase of about 1.3%.Some platform takeaway riders have reached more than 4 million people,and the nature of employment includes self-employment,part-time,full-time and other forms,and the employment relationship is diversified.Data shows that new business models have become an important force in enhancing economic resilience and vitality,and new business practitioners have increasingly become a large number of labor groups.However,while easing the employment pressure in my country in recent years,the lack of social security,especially work-related injury security,for practitioners in this new format has become increasingly prominent.The labor rights and interests protection risks of new business practitioners are frequent,especially the dispute over whether occupational injury protection can be included in work-related injury insurance is the most prominent.Occupational injury protection is faced with such dilemmas as high occupational risks,the ambiguity of the legal relationship between practitioners and employers,the difficulty in perfecting the protection of work-related injury insurance rules,the lack of necessary labor benchmark protection,and the difficulty in identifying work-related injuries.However,there are still many pain points in the occupational injury protection system suitable for new practitioners,and the specific details of the implementation and pilot of the occupational injury protection system for new practitioners still need further discussion.In fact,occupational injury protection is a systematic problem,involving the identification of the main labor relationship in theory,and the unclear access criteria for the identification of work-related injuries in practice.At present,relatively mature experience has been obtained outside the territory.In China,Taichung City,Wujiang District,Zhejiang,Guangdong and other places in China have also established the exploration of occupational injury insurance systems for employees in new formats.Practical experience has been obtained in payment and other aspects,which has important reference significance for solving the occupational injury insurance problem of new business practitioners at the national level.In terms of the theoretical system,work-related injury insurance and labor relations should be properly "decoupled",blocking the correlation between the current work-related injury insurance system and labor relations,and exploring the establishment of a mandatory and flexible work-related injury insurance system.In terms of compulsion,the occupational security of new business practitioners should be included in the scope of compulsory participation in the existing work-related injury insurance,and the subject of compulsory social insurance payment should be determined;in terms of flexibility,the payment of work-related injury insurance and the identification of work-related injuries should be improved,and digital empowerment should be used to expand work-related injuries.The scope of insurance insureds,etc.,according to the different situations of employees,corresponding rules are flexibly adjusted in terms of work-related injury identification,treatment calculation and distribution,etc.