How old can female flexible employees in Kunming retire?

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Employees with new business forms are a new form of employment in China and also a form of employment advocated by the state. For this kind of occupational population, we should give institutional arrangements for industrial injury protection to protect the occupational injury rights and interests of flexible employees. However, it is not appropriate to bring flexible employees into the current industrial injury insurance system at this stage. It is suggested that major industrial injury insurance should be established under the framework of industrial injury insurance system, focusing on the protection of disability and work death of flexible employees. By doing so, the occupational injuries of flexible employees can be systematically arranged to protect their rights and interests of work-related injury protection; It can reduce the industrial injury insurance rate of flexible employees to a certain extent and reduce their payment burden; It can avoid the problems such as the difficulty in identifying work-related injuries of flexible employees and the lack of main responsibility of employers.

Employees in "internet plus" enterprises can be roughly divided into two categories: one is stable employees, that is, employees who sign labor contracts with enterprises and manage them in the traditional way; Second, flexible employees, that is, those who have flexible working hours and loose management with enterprises, are now called employees in new formats. At present, people with stable employment can participate in the insurance according to the current social insurance system, and the channels are smooth, and the five social insurances can be completely connected with them. For new employees, they can voluntarily participate in pension insurance and medical insurance as flexible employees, and both pension and medical problems can be guaranteed. However, the issue of industrial injury insurance for employees in the new format is relatively complicated, and there is still a lack of institutional arrangements for these employees.

Difficulties of employees in new formats participating in work-related injury insurance

Stable employees in "internet plus" enterprises, whether full-time employees or part-time employees, can participate in industrial injury insurance and be included in the system guarantee. Through investigation, it is known that the regular and stable employees in internet plus enterprises above a certain scale have basically participated in industrial injury insurance. For industrial injury insurance, the most difficult problem to solve is the occupational risk protection of employees in new formats, that is, flexible employees. The main reason is that the current industrial injury insurance system is designed on the basis of the traditional and standardized unit employment mode, and it cannot be connected with flexible employment as a form of independent employment in many aspects. The specific reasons are as follows.

1

Industrial injury insurance is based on labor relations, and flexible employees do not have legal labor relations.

The industrial injury insurance system stipulates that the insured employees must have a labor relationship, and establish a labor relationship or a factual labor relationship through the employer. In reality, the employees in the new format exist in a flexible, flexible or self-employed form, which is not a legal labor relationship. Because the employees in the new format only get income from the third party through the business platform provided by the "internet plus" enterprise, and don't get salary directly from the "internet plus" enterprise, there is no actual labor relationship.

2

Employers are required to pay work-related injury insurance premiums when participating in insurance, and flexible employees do not need to pay them.

According to the law and international practice, the work-related injury insurance premium is paid by the employer and not by the individual. Because flexible employees have no employer in the legal sense and lack the subject of payment of work-related injury insurance. At the same time, the rate of industrial injury insurance is determined according to the industrial injury risk of an industry or enterprise, while flexible employees are scattered in various industries or cross-industries with high mobility. How to determine their work-related injury risks and rates is also a problem that needs to be studied and solved.

three

The employer shall bear part of the responsibility for payment of work-related injury insurance benefits, and the employer of flexible employees shall bear the responsibility for payment of benefits.

In order to prevent work-related injuries and reduce the rate of work-related accidents, the work-related injury insurance system in China has always adopted the practice that work-related injury insurance and employers share the responsibility for treatment. In the payment of industrial injury insurance benefits, the employer should bear, such as wages and benefits during medical treatment, nursing expenses, one-time employment subsidies and so on. Because there is no employing unit, some employees in the new format can't fulfill the responsibility of treatment guarantee, which will reduce the actual treatment level of industrial injury insurance for employees in the new format and also cause the psychological gap of employees to some extent.

four

It is difficult to investigate and collect evidence and identify work-related injuries for flexible employees.

According to the Regulations on Work-related Injury Insurance, the identification of work-related injuries must meet three conditions, namely, working hours, workplace and working reasons. The working hours and workplaces of employees are very flexible under the new format. They can have special office space, work from home or work on the move, and the workplace and living place are easily confused. In this case, it is difficult to distinguish whether the injury is caused by work or non-work reasons. In addition, most employees in the new business work alone, so it is difficult to investigate and collect evidence for their injuries, and it is difficult to judge whether they are work-related injuries. It is difficult to investigate, collect evidence and identify work-related injuries of employees in new formats, which will lead to an increase in work-related injury disputes and disputes, which is not conducive to stability, and will also increase the adverse selection from non-work-related injuries to work-related injuries, increase moral hazard and increase fund risks.

five

The participation of flexible employees in insurance is a challenge to the current industrial injury insurance management.

The management and handling of the current industrial injury insurance system are all based on the employer, including participation, payment, industrial injury identification, and labor ability appraisal. If flexible employees participate in the insurance as individuals, it will be a great challenge to the current management mode and handling mode of industrial injury insurance. First of all, social security agencies have to face a large number of people who handle business in their personal capacity, which greatly increases the workload of handling; Secondly, the procedures for handling industrial injury insurance should be supported by information systems and the whole process of individual participation, payment, industrial injury declaration, industrial injury identification, labor ability appraisal and treatment payment; Third, more convenient and flexible handling methods and means are needed to adapt to flexible employees; Fourth, more perfect supervision means are needed to prevent fraud.

Suggestions on solving the problem of industrial injury protection for employees in new formats

Employees with new business forms are a new form of employment in China and also a form of employment advocated by the state. For this kind of occupational group, we should give the system arrangement of industrial injury protection to protect the occupational security rights and interests of flexible employees. However, at this stage, it is not appropriate to bring flexible employees into the current industrial injury insurance system, and it is suggested to establish a separate security system under the framework of industrial injury insurance system. Specific suggestions are as follows.

Establish major industrial injury insurance, focusing on ensuring the disability and death of flexible employees.

According to the requirements of China's social and economic development and the development trend of industrial injury insurance, we should make institutional arrangements for the occupational injuries of flexible employees as soon as possible. However, due to the huge difference between flexible employment and formal employment, it is difficult to connect with the current industrial injury insurance system. It is suggested that at present and in the future, we can consider establishing major occupational injury insurance for flexible employees to protect the most urgent and unbearable serious occupational injuries. In this way, first, the occupational injuries of flexible employees are systematically arranged to protect their rights and interests in work-related injuries; Second, only the major occupational injuries of flexible employees can be guaranteed, which can reduce the industrial injury insurance rate of flexible employees and reduce their payment burden to a certain extent; Third, the establishment of major work-related injury insurance for flexible employees can avoid problems such as the difficulty in identifying work-related injuries of flexible employees, the lack of main responsibility of employers, and moral hazard in the payment of work-related injury insurance funds, thus reducing the cost and difficulty of handling and management of work-related injury insurance departments and maintaining the normal order of the current system.

1. 1

The competent department of industrial injury insurance shall design a major industrial injury protection system and specific measures for flexible employees. According to the employment characteristics, income status and occupational risks of flexible employees, Ministry of Human Resources and Social Security should study and formulate occupational insurance protection measures suitable for flexible employees. At present, serious occupational injuries, that is, the degree of disability and death, can be considered as the scope of protection, and the scope of protection can be gradually expanded when conditions permit. Considering the professional characteristics of flexible employees, in the initial stage, the work time, work place and work reason, that is, "three jobs", should be taken as the scope of work-related injury identification, which does not involve traffic accidents, sudden illness and death, so as to avoid too many disputes on work-related injury identification and affect the operation effect of the system. For flexible employees, different payment grades and guarantee levels can be designed according to the scope of protection and income status. For example, the payment grade can be divided into 50 yuan, 100 yuan, 200 yuan and other grades, and the guarantee grade corresponds to it. From the perspective of protecting the occupational risks of flexible employees, flexible employees should participate in major work-related injury insurance like employees in other forms of employment. The state should encourage employers to purchase major work-related injury insurance for flexible employees, and the expenses for purchasing major work-related injury insurance by units or individuals can be included in the tax exemption scope.

1.2

Entrust commercial insurance companies to handle major industrial injury insurance for flexible employees. At present, industrial injury insurance agencies lack personal insurance management experience and manpower constraints, so they can adopt the way of government purchasing services and entrust commercial insurance companies to handle major industrial injury insurance for flexible employees. The administrative department of work-related injury insurance shall formulate specific measures and rules, perform the duties of supervision and management, and ensure that flexible employees get work-related injury protection and major work-related injury insurance runs smoothly.

1.3

Encourage all localities to actively explore and accumulate practical experience. The introduction of a new system and policy must stand the test of practice. The job security of flexible employees is a new problem in the new development period. Without historical experience, it needs to be continuously improved and upgraded on the basis of regional practical experience. Therefore, all localities should be encouraged to actively explore concrete and effective practices on the basis of the national policy framework, accumulate experience, find problems and solve them, so as to make the work-related injury protection system for flexible employees more in line with China's national conditions.

Multi-party cooperation to ensure the work-related injury protection of flexible employees

2. 1

Give payment subsidies to flexible employees who have difficulties. At present, the income of flexible employees is generally low, and their ability to pay fees is weak, especially for laid-off workers, unemployed people and college students who have just started. In order to help low-income people to participate in insurance, it is suggested that subsidies should be provided through re-employment funds, unemployment insurance and other channels to improve the enthusiasm of flexible employees to participate in insurance.

2.2

Clear the channels of civil assistance, so that flexible employees who still have financial difficulties after receiving work-related injury insurance benefits can get social assistance. For employees who have suffered serious disability and death, if they still have difficulties in life after receiving major work-related injury insurance benefits, they can further solve the basic living problems of disabled people and their families through civil assistance, social donations and other channels.

2.3

Encourage qualified and demanding flexible employees to purchase personal accident insurance as a supplement to major occupational injury insurance. A small number of flexible employees have higher income, or have higher demand for job security, or their "internet plus" enterprises are willing to encourage individuals and enterprises to buy commercial accident insurance as a supplement to major occupational injury insurance, so that some flexible employees can get better protection.

Strengthen policy propaganda so that every flexible employee can understand the policy.

We should make full use of local government service networks, official WeChat accounts, short message platforms, business platforms of Weibo and internet plus, entrepreneurial micro-movies and public service advertisements. Carry out various forms of policy propaganda; Open the insurance payment process, work-related injury declaration methods, work-related injury identification, labor ability appraisal, treatment payment procedures, treatment collection methods, etc. ; Regularly hold training courses, lectures and forums on policy interpretation and work-related injury prevention, and provide corresponding policy training and on-site consultation in time to ensure that the publicity and popularization of employees and flexible employees are in place.

Authors: Zhang Jun, Ministry of Human Resources and Social Security Institute of Social Security.

See China Medical Insurance No.6, 20 17 for details.

Original title: Difficulties and countermeasures of employees participating in industrial injury insurance under the new format

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