| In the era of digital economy,the group of online contracted delivery personnel is rapidly expanding.While enjoying the convenient services it brings,the daily work mode of this group,which gallops through the streets and alleys,has also made them a high-risk group for occupational injuries.In addition,the difficulty in determining the labor relationship with the employer has led to the current legal system of work-related injury insurance not being able to meet their needs for occupational injury protection.Therefore,it is urgent to explore from a legal perspective how to provide occupational injury protection for online delivery personnel,in order to make up for the shortcomings of the social security system.The online delivery personnel under platform enterprises are divided into two categories: "specialized delivery" and "crowdsourcing".They face the same occupational injury risks,but their work-related injury protection does differ significantly.The "specialized delivery" online contracted delivery personnel sign labor contracts with platform enterprises or agents and enjoy corresponding work-related injury protection;And the "crowdsourcing" online delivery personnel join the platform as individuals,purchase insurance on their own,and receive compensation according to orders.Although called a part-time job,the working hours are not short and the income is mainly based on this job.In the actual work process,the frequent traffic accidents and severe occupational injuries of "crowdsourcing" network contracted delivery personnel have long attracted the attention of the Ministry of Human Resources and Social Security,and they have been included as key targets in the occupational injury protection plan.The main body of the legal issues related to work-related injury insurance studied in this article is the "crowdsourcing" online contracted delivery personnel(hereinafter referred to as "online contracted delivery personnel"),which are comprehensively analyzed from four aspects: theoretical basis,current situation,existing legal issues,and improvement suggestions.This article first starts with the theoretical foundation of the work injury insurance for network contracted delivery personnel,and analyzes the importance of studying the legal issues of work injury insurance for network contracted delivery personnel from three perspectives: social equity,labor rights protection,and the social security theory of work injury insurance;Secondly,a comprehensive analysis of the insurance status,current legislative status,and current judicial trial status of online contracted delivery personnel;By analyzing the current legal system of work injury insurance for online delivery personnel,three main legal issues are proposed: difficulty in determining labor relations,difficulty in identifying work injuries,and unclear payment subjects;Finally,based on the analysis of legal issues in the application of work-related injury insurance system to online delivery personnel,it is recommended to take measures such as moderately decoupling work-related injury insurance from labor relations,moderately flexible identification of work-related injuries,and clarifying the payment subjects of work-related injury insurance for online delivery personnel to ensure the comprehensive implementation of work-related injury insurance for online delivery personnel. |
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