网约工工伤保险的困境与出路

The Dilemma and Solution of Work-related Injury Insurance for Online Contract Workers

随着互联网平台经济的不断发展,网约工群体诞生并逐渐壮大,传统的用工模式也由“企业—员工”转变为“平台—个人”,这一转变造成了网约工的劳动关系难以认定、劳动权益难以保障的结果。工伤保险是最早的社会保险,但由于现行工伤保险制度自身的局限性和互联网平台用工关系的复杂性,要把网约工纳入工伤保险范围困难重重。要想保障网约工的工伤保险权益,就要扩大劳动关系认定范围,突破现有工伤保险制度外延,建立网约工工伤保险社会基金,促进互联网平台用工关系和谐有序。

With the continuous development of the internet platform economy,the group of online contract workers also emerged and strengthened.Therefore,the traditional employment mode has been transformed from“enterprise-employee”to“platform-individual”,which also leads to the difficulty in determining the labor relationship and protecting the labor rights and interests of online contract workers.Work-related injury insurance is the earliest social insurance.However,due to the limitations of the current work-related in⁃jury insurance system and the complexity of the employment relationship on the platform,it is difficult for online contract workers to be included in the coverage of work-related injury insurance.In order to protect the workers’rights and interests of work-related injury insurance,the scope of labor relationship identification should be expanded,the extension of the existing work-related injury insurance system should be broken through,and the social fund of work-related injury insurance for online contract workers should be estab⁃lished,so as to promote the harmonious and orderly employment relationship on the internet platform.