新业态从业人员职业伤害保障制度的构建——基于N市从业者调研

Construction of Occupational Injury Protection System for Employees in New Business Forms—Based on the Survey of Employees in N City

摘要: 近年来，以互联网为基础的新就业形态及其从业人员的队伍不断发展壮大，但是新业态从业者的劳动权益往往难以获得有效保障，由于工作模式的特殊性，新业态具有风险较高、事故多发等客观职业风险存在，并且多数平台企业与劳动者之间的劳动关系不明晰，导致新就业形态从业人员难以参加工伤保险，种种因素新业态相关行业的工伤保险常常处于缺失地位。本文通过归纳总结当前职业伤害保障试点地区情况并结合实际调研，认为职业伤害保障制度的建立应当在我国的工伤保险体系内开展，坚持政府主导地位，坚持职业伤害保障制度的社会保险属性。在缴费主体上，平台应当为与其形成劳动关系的新业态从业者缴纳工伤保险费；在缴费标准上，各地区应当根据实际情况合理确定费率档次；在工伤认定和工伤保险待遇给付上，应当参照《工伤保险条例》和各地具体的法规，并结合新业态的职业特点进行综合考虑，以更好地保护新业态从业者的权益。

Abstract: In recent years, new forms of employment based on the Internet and the ranks of its employees have been growing, but the labor rights and interests of employees in new forms of business are often difficult to obtain effective protection. Due to the particularity of work mode, new forms of business have objective occupational risks such as high risk and frequent accidents, and the la-bor relationship between most platform enterprises and workers is not clear. As a result, it is difficult for employees in new employment forms to participate in employment injury insurance, and various factors often lack employment injury insurance in industries related to new business forms. By summarizing the current situation of pilot areas of occupational injury security and combining with the actual investigation, this essay believes that the establishment of occu-pational injury security system should be carried out within China’s employment injury insurance system, adhering to the leading position of the government and the social insurance attribute of occupational injury security system. In terms of payment subjects, the platform should pay employment injury insurance premiums for employees of new business forms who form labor relations with them; in terms of payment standard, each region shall reasonably determine the grade of rate according to the actual situation; in the recognition of work-related injuries and the payment of work-related injury insurance benefits, reference should be made to the “Regulations on Work-Related Injury Insurance” and specific regulations in various regions, and comprehensive consideration should be given to the occupational characteristics of the new industry, in order to better protect the rights and interests of practitioners in the new industry.