| The new employment pattern is the product of the development of the Internet and other scientific and information technologies.It has absorbed a large number of flexible workers,alleviated the employment pressure of the current society,and promoted the development of social economy.With the development of new employment forms,the protection of the rights and interests of flexible workers is becoming increasingly prominent,among which the protection of industrial injury is the first.The current system of industrial injury insurance has been derailed from The Times,so that the flexible employment personnel under the new employment form are not within the scope of the insurance of industrial injury,and the work safety guarantee appeal is difficult to realize.The country has also attached great importance to the issue of industrial injury insurance for flexible employees under new employment forms.Relevant policies have been introduced to support the development of new employment forms and pay attention to the protection of occupational injury for flexible employees.Many regions have successively issued trial measures of industrial injury insurance for flexible employees under new employment forms according to national guidance documents.However,there are still some problems,such as narrow scope of protection and inappropriate subject of payment.So,this paper analyzes the related concepts of industrial injury insurance for flexible employees in the new employment form,and sorts out the concepts and characteristics of the new employment form,the concept of flexible employees,the differences between flexible employment and traditional flexible employment under the new employment form,and the differences between the current industrial injury insurance and flexible employment insurance under the new employment form.Then further analyze the characteristics of the flexible employment injury insurance under the new employment pattern,and discuss its existing legal basis and necessity,clear why our country should establish the industrial injury insurance system under the new employment pattern;At the same time,it analyzes the legislation and experiment status of flexible employment workers’ industrial injury insurance under new employment conditions,and raises some existing problems.Through the study and comparison of laws in Germany,Japan and Malaysia,the experience is summarized.Finally,combining with the actual situation of the development of our country,drawing on the advanced experience of foreign countries,and aiming at the existing problems of the flexible employment under the new employment form,we put forward some suggestions on expanding the scope of protection,making clear the subject of payment,distinguishing the risk level of compulsory participation in the insurance,and recognizing the flexible activation of the industrial injury.We hope that the industrial injury insurance system in our country can keep pace with The Times and adapt better to the constant development and change of the society. |