平台用工工伤认定规则细化纾解新型劳动关系维权困境研究

Research on Refining the Rules for Identifying Work-Related Injuries and Disorders on Platform Work Platforms, and Addressing the Challenges in Protecting Rights within New Types of Labor Relationships

摘要: 平台用工作为典型新就业形态，打破了传统劳动关系固定主体、固定时空的认定范式，进而导致新就业形态劳动者职业伤害救济面临工伤认定准入受限、权责界定模糊、适用边界混乱等现实困境。针对平台用工伤害救济的司法与实务分歧，可依托实际控制标准细化劳动关系认定依据，结合订单任务场景界定工作时间与工作场所范围，依据管理支配力度与收益归属明确平台及合作主体的权责边界。同时，完善电子证据采信规则，打通工伤保险与新就业形态职业伤害保障制度衔接通道，构建高效、稳定、可落地的新业态劳动者权益救济体系。

Abstract: The platform employment kind, which is like another brand new way people find themselves working, where it seems like we cannot stick with those earlier set rules and places, as this type of thing makes for real worries and struggles among folks in that area looking for something after getting injured because it has hard to meet what’s needed, confusing who owns what when something happens, and not sure how big they will be. Regarding differences between judicial and practical aspects related to claims over injuries caused by platform-based employment to refine grounds for deciding labor relationships centered on factual control criteria; define the duration of work hours and the range of workplaces concerning order-based activities; clarify the rights and duties of platforms and cooperative parties according to administrative powers and benefits. Concurrently, rules for the admissibility of electronic evidence should be improved, the institutional interface between work injury insurance and occupational injury protection schemes for new employment forms should be established, and an efficient, stable, and implementable rights relief system for workers in new business forms should be constructed.