平台从业者职业伤害保障的困境及其应对——兼论台湾地区职业灾害保险制度的启示

The Dilemma and Countermeasures of Occupational Injury Protection for Platform Worker-On the Enlightenment of Occupational Disaster Insurance System in Taiwan

随着平台经济的发展,平台从业者职业伤害风险问题也日益突出。由于现行工伤保险制度无法覆盖这一群体,而商业保险赔偿低,平台企业不担责甚至违法“去劳动关系化”卸责,平台从业者陷入了职业伤害保障困境。各地开展的职业伤害保障试点工作,取得了一定成效,但受限于工伤保险与劳动关系的捆绑难以持续推进。台湾地区通过制定劳动关系认定标准,强化对平台就业者劳动关系的监管;并通过将灵活就业人员统一纳入工伤保险,有效地解决了平台就业者的职业伤害保障难题。因此有必要借鉴台湾经验,通过立法为工伤保险与劳动关系“松绑”,将平台从业者纳入到工伤保险保障体系之中,从制度源头解决问题;同时,强化劳动关系确认标准,依法保障平台从业者的合法权益。

Due to the development of platform economy,the problem of the platform workers’high risk of occupational injury is increasingly severe.The platform workers are working without occupational injury protection because the social work-related injury insurance is out of their reach and the commercial insurance compensation is low.Besides,the platform enterprises do not take their responsibility or even break the law by getting rid of the employment relationship with workers.The pilot work of occupational injury protection carried out in various local areas has gained achievements,while it is difficult to carry on because the barrier of parting the connection between the work-related insurance and employment relations.Through the establishment of the employment relation identification standard between workers and enterprises,Taiwan has strengthened the supervision of the employment of platform enterprises,and effectively enhanced the occupational injury protection of platform workers by encompassing flexible employees into work-related injury insurance.Therefore,it is necessary to learn from Taiwan’s experience and“untie”the connection between work-related injury insurance and employment relations.By doing this,it is possible for platform workers to participate in the work-related insurance,solving this problem at the institutional level.At the same time,there is a need to clarify the standard of the identification of employment relations to protect the legitimate rights and interests of platform workers.Meanwhile,it is also necessary to clarify the employment relation identification standard to protect the legitimate rights and interests of platform workers.