摘要
我国新业态的发展催生了新的就业形式。这种“平台 + 个人”的新型用工模式呈现出高度灵活化、自主化和多元化的状态。然而,传统的劳动关系认定标准已难以应对外卖骑手新型用工关系的性质认定,而工伤保险却以劳动关系认定为基准。目前,在对新业态用工关系的认定标准问题上,国内形成了“改旧”和“立新”两种观点。本文通过梳理和分析相关政策,在政策工具视角下分析我国新业态用工劳动关系的认定和职业伤害保障中存在的问题,尝试提出解决方案。
The development of new forms of employment in China has given rise to a new employment model characterized by the combination of “platforms” and individuals. This new model exhibits a high degree of flexibility, autonomy, and diversity. However, the traditional criteria for determining employment relationships have struggled to address the nature of the employment relationship of food delivery riders, which falls under this new model. Meanwhile, the coverage of work-related injury insurance is based on the determination of the employment relationship. Currently, there are two viewpoints in China regarding the criteria for determining the employment relationship in new forms of employment: “reform the old” and “establish the new”. This paper aims to analyze the issues concerning the determination of employment relationships and the protection of employment rights in new forms of employment from the perspective of policy instruments by reviewing and analyzing relevant policies. Furthermore, it attempts to propose potential solutions.
出处
《社会科学前沿》
2023年第8期4246-4251,共6页
Advances in Social Sciences
