灵活就业人员职业伤害保险制度的试点困境与完善进路

灵活就业人员面临较大的工作风险,但目前我国实行的工伤保险制度难以为其提供保障。学界试图扩展劳动关系概念以包容灵活就业,但在学理与制度两个方面均遭遇阻力。以职业伤害保险保障灵活就业人员权益亦是进路之一,审视既有试点可知,职业伤害保险虽能覆盖工伤保险力所不及的劳动者群体,但也存在发展定位走偏、参保人数少、认定难度大、部门监管难等问题。应厘清职业伤害保险的发展定位,立足于保障灵活就业人员的基本安全,从向全国推广职业伤害保险、加强宣传针对性、强制平台购买职业伤害保险、缩短缴费周期、完善伤害认定的举证责任配置以及完善筹资机制等六方面着手,完善职业伤害保险制度。

The Dilemma and Improving Approach of the System of Occupational Injury Insurance of Flexible Employees

Flexible employees face great work risks,but the employment injury insurance cannot provide protection for them.Academia tried to expand the concept of labor relations to accommodate flexible employment,but encountered resistance in both theory and legal institution.Use occupational injury insurance to protect the rights and interests of flexible employees is also one of the approaches.A review of the existing pilots shows that although occupational injury insurance can cover laborers whom employment injury insurance can't cover.However,there are also problems such as deviation in development positioning,small number of insured persons,difficulty in identification,and difficulty in supervision.The development positioning of occupational injury insurance should be clarified,based on ensuring the basic safety of flexible employees.Then,we should improve the occupational injury insurance system from six aspects including promotion of occupational injury insurance to the whole nation,strengthening the pertinence of publicity,compelling platforms to purchase occupational injury insurance,shortening the payment period,improving the allocation of burden of proof for injury identification,as well as improving fund-raising mechanism.