Study On The Legal System Of Occupational Injury Protection For Employees In New Business Forms

The development of digital economy has given birth to new forms of business,changed people’s lifestyle and also changed the employment mode and structure of society.The new form of business creates a large number of employment opportunities,which has a certain impact on the traditional form of employment,but also brings about the problem of protecting the rights and interests of the new employees of occupational injuries.Due to the complex form,high flexibility and autonomy of such workers,and unclear identification of labor relations,the existing legal system has certain deficiencies in the scope of protection of occupational injury rights and interests of employees in the new industry,which is difficult to be included in the current industrial injury insurance system,resulting in the absence of legal provisions for social protection of occupational injury of practitioners.This will cause a series of social problems,which has aroused great attention from the state,academia and the public.Behind the absence of protection of workers’ labor rights and interests is the government’s tolerant attitude towards the new business format,the enterprise’s goal of maximizing profits,and the realistic demand for independent workers’ employment.The interaction of rational choices of multiple subjects makes it difficult to effectively protect workers’ labor rights and interests.In order to better realize the occupational injury protection rights and interests of employees in the new business type,it is necessary to improve the legal system,improve the legal hierarchy,actively participate in the main bodies at all levels,closely integrate relevant departments,and the government plays an active role in the process of system construction.After the employees in the current new type of business suffer from occupational injuries,it is difficult to obtain the social security rights and interests related to occupational injuries according to the criteria for determining labor relations.In addition,the commercial insurance payment fees for occupational injuries are high,the level of security benefits is relatively low,and the fairness is obviously insufficient.This paper focuses on the legal system of occupational injury protection for employees in the new format.In addition to the introduction and conclusion,the full text is divided into four parts:The first part is an overview of occupational injury protection for employees in the new business type.The first is the definition and classification of the new business type practitioners.New business practitioners refer to those who connect consumers and platforms through market demand and supply to obtain benefits without fixed time,place and income.The employees in the new business form are divided into three types,including those who meet the requirements of establishing labor relations,those who do not have labor relations and those who do not fully meet the requirements of establishing labor relations;Secondly,the meaning and principle of occupational injury protection.Occupational injury refers to the accident injury and occupational disease injury suffered by workers when engaging in occupational activities or activities related to occupational responsibility.Occupational injury protection can prevent employees from returning to poverty due to injury and becoming social vulnerable groups,promote the development of enterprises,reduce conflicts and lawsuits between enterprises and employees,and help social employment and stability.The principle of occupational injury protection includes five principles:the unity of rights and obligations,the different treatment of different industries,the establishment of multi-level occupational injury protection,the combination of protection functions and incentive mechanisms,and the public interest;Finally,it is the current situation of occupational injury protection for employees of new business types in China,including the current situation of system and practice.The second part is the inadequacy of the legal system of occupational injury protection for employees in the new business type in China.First of all,the existing legal system of work-related injury insurance is difficult to apply to employees in new business types.The lack of special legislation for the protection of occupational injury of employees,facing the reality of difficult to establish labor relations under the new state of business;Secondly,there is a lack of specific specifications for the occupational injury protection system for employees in the new business type.The subject of occupational injury insurance liability is not clear,the subject of occupational injury insurance premium collection is not clear,and the identification standard of occupational injury in the new business state is not clear;Finally,the supporting mechanism of occupational injury protection for employees in the new industry is not perfect.This is reflected in the following three aspects:weak supervision of occupational injury protection for employees in new formats,weak awareness of safeguarding the rights of employees in new formats,and the failure of trade unions to give full play to their maintenance role.The third part is the study and reference of the legal system of occupational injury protection for new types of business practitioners abroad.First of all,it is an investigation of the legal system of occupational injury protection for new types of business employees abroad,describing the relevant provisions of the legal system of occupational injury protection for new types of business employees from the United States,Germany and Malaysia.Secondly,it is the reference significance of relevant foreign legal systems for our country,that is,perfect occupational injury protection legislation,clear identification standards of labor types and labor relations under the new business model,and give full play to the role of trade unions.The fourth part is the suggestions to improve the occupational injury protection for the new business type employees in China.The first is to establish the basis for the legal system of occupational injury protection for employees in the new business type.Introduce special legislation on occupational injury protection for employees in new businesses,and remove the binding relationship between labor relations and occupational injury insurance rights;The second is the specific norms for the construction of the occupational injury security system for employees in the new business type.Specify the subject of occupational injury insurance liability,specify the subject of occupational injury insurance premium collection,and establish the identification standard of occupational injury under the new business type;The third is to improve the supporting mechanism of occupational injury protection for employees in the new business type.We will improve the supervision of occupational injury protection,raise the awareness of practitioners to safeguard their rights,and give full play to the role of trade unions.