| With the accelerated development of digital technology,various new business have emerged,and the Internet platform has gathered a new business employment groups such as take-away delivery workers,online taxi drivers and online anchors,creating a large number of jobs,and the new model of online and offline integration has shown strong vitality.Especially during the COVID-19 pandemic,new business models such as Internet medical care,online shopping and catering takeaway played an important role in stabilizing the employment stock and driving economic recovery.Social insurance rights and interests,as a basic right,should become a necessity rather than a luxury for new business practitioners.However,in practice,there is often a situation that "there is labor without unit",and the employees do not know whose employees they are;"there is risk without protection",and the social insurance rights and interests are not in place.The reason for this is that,on the one hand,there is a large gap in the current social insurance legal system of China regarding the participation of employees in new business.The current Social Insurance Law of the People’s Republic of China(hereinafter referred to as the "Social Insurance Law")emphasizes the framework design at the macro level,"employees" with labor relations as the main coverage object,and lacks a comprehensive plan for the participation of employees in new business in social insurance.On the other hand,there are problems such as ambiguous labor relations,unstable income,and low awareness of participation in social insurance,which lead to a low participation rate of this group and prevent them from enjoying social insurance benefits.Therefore,there is an urgent need to develop a social insurance system that meets the characteristics of new business practitioners and protect their social insurance rights and interests.This paper discusses the social insurance rights and interests of new business practitioners from the following six parts.In the first part,we found that the research on new business practitioners is mainly related to labor relations and labor rights and interests,but the systematic research on social insurance rights and interests of new business practitioners is relatively small.Therefore,it is necessary to conduct further research on the social insurance rights and interests of the new business form employees.The second part starts from the concept of new business,analyzes the special characteristics of employment in the new business economy,and distinguishes the new industry workers from the traditional flexibly employed workers,explains the necessity of protecting the social insurance rights and interests of the new industry workers,and proposes that the research object of this paper is the new business workers who rely on the Internet platform for employment and have not established labor relations with the platform enterprises.The third part,based on the actual conditions of our country,sorts out the national and local laws and policies in protecting the social insurance rights and interests of new practitioners in recent years,and clarifies the direction of national protection for this group.Through literature research method and normative analysis method,this paper summarizes the main problems existing in the realization of social insurance rights and interests of practitioners in the new form of business,such as the absence of labor identity identification,heavy payment burden and low participation enthusiasm,social insurance transfer and continuation difficulties,limited channels of rights protection,and further analyzes the causes of these problems.In the fourth part,by studying the relevant regulations and specific measures of the United States,Germany,Japan and Malaysia in protecting the social insurance rights and interests of new business practitioners,we conclude that China can protect the social insurance rights and interests of this group in terms of expanding the coverage of social insurance,improving legal protection and building a multi-level social security system.In the fifth part,according to the characteristics of China’s new business platform employment and the affordability of insurance obligations of new business practitioners,we propose ideas for the protection of social insurance rights and interests of this group,abandoning the path dependence of traditional labor relations,improving the mechanism of social insurance rights and interests protection,exploring diversified ways of relief,optimizing and innovating the social insurance service management system,and effectively protecting the social insurance rights and interests of new business practitioners.The sixth part is conclusion and prospect.In terms of the protection of social insurance rights and interests of practitioners in new business forms,we should adhere to the principle of step by step,advance by classification,and establish a multi-level social insurance system.In terms of promoting insurance participation by classification,it is necessary to continue to explore the specific legal system design of each type of insurance.In addition,we can further divide the employees in the new business and design more applicable systems and measures according to the characteristics of the industry,so as to achieve the "win-win" goal of developing the new business economy and protecting the social insurance rights and interests of the practitioners. |
