新业态保险纠纷

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北京金融法院副院长宋毅:新业态保险纠纷中,平台企业转嫁用工成本、规避用工责任的情形突出
Mei Ri Jing Ji Xin Wen· 2025-04-29 02:27
Core Viewpoint - The importance of commercial insurance as a supplementary protection tool is increasingly highlighted, yet it faces issues such as limited coverage, low product-demand matching, unclear responsibilities, frequent claims disputes, and insufficient collaborative governance [1][4]. Group 1: Current Issues in New Employment Insurance - New employment workers face challenges in labor relationship recognition and insufficient social insurance coverage [3]. - In 2021, the Beijing Financial Court has accepted 1,796 second-instance insurance dispute cases, with a total amount exceeding 2.188 billion yuan, of which 15.92% involved disputes over new employment workers' insurance rights [3]. - The top three types of disputes in new employment insurance cases are accidental injury insurance contract disputes (33.5%), employer liability insurance disputes (25.2%), and insurer subrogation disputes (21%) [3]. Group 2: Responsibility and Awareness Issues - Platforms often shift labor costs and evade responsibilities, leading to unclear insurance responsibilities for workers [4][6]. - Some platforms enforce mandatory insurance policies, deducting premiums from workers' incomes, which may infringe on their autonomy [6]. - Third-party employers frequently evade responsibilities and provide inadequate insurance coverage, leading to insufficient protection for workers [7]. Group 3: Insurance Product Design Shortcomings - Existing insurance products are often designed based on traditional labor relationships, lacking adaptability to flexible employment scenarios [8]. - There is a low consensus on critical liability clauses, with some insurers adding clauses that exempt or reduce their responsibilities without proper negotiation with policyholders [8]. - The "easy entry, strict exit" phenomenon undermines trust in the insurance industry, as insurers may refuse claims based on non-compliance with underwriting conditions [8]. Group 4: Recommendations for Improvement - Workers are encouraged to enhance their risk awareness and legal rights capabilities, actively understanding their insurance rights and taking safety measures [9]. - Industry associations should play a significant role in regulating market order and providing data support for insurance companies to assess risks accurately [10]. - The Beijing Financial Court aims to improve the efficiency of dispute resolution by establishing specialized panels for new employment insurance disputes and enhancing the clarity of judicial reasoning [11].
北京金融法院:保险机构应针对新业态特点优化保险产品供给
Zheng Quan Ri Bao Wang· 2025-04-28 11:26
Core Viewpoint - The Beijing Financial Court has highlighted the complexities and challenges in the insurance disputes related to new employment models, emphasizing the need for improved protection of laborers' insurance rights and the necessity for systemic reforms in the insurance industry [1][2][4]. Group 1: Insurance Dispute Statistics - Since its establishment in 2021, the Beijing Financial Court has handled 1,796 insurance dispute cases, with a total amount exceeding 2.188 billion yuan, of which 15.92% are related to new employment model laborers' insurance rights disputes [1]. - The main types of disputes in new employment model insurance cases include accidental injury insurance contract disputes, employer liability insurance disputes, and insurer subrogation disputes [1]. Group 2: Issues in New Employment Model Insurance - There are significant issues among multiple parties involved, including internet platforms, third-party employers, insurance institutions, and laborers, with internet platforms often shifting labor costs and responsibilities [2]. - Some platforms force laborers to purchase specific insurance products, infringing on their right to choose and potentially leading to duplicate insurance coverage [2]. - Third-party employers sometimes fail to pay social insurance as required or opt for limited commercial insurance instead of social insurance [2]. Group 3: Challenges Faced by Insurance Institutions - Insurance products often lack adaptability to flexible employment scenarios, and institutions face challenges in actuarial modeling, differentiated clause design, and dynamic rate setting [3]. - There are prevalent issues of "easy entry, strict exit" in new employment model insurance, with some institutions using technical exemptions and vague clauses to evade responsibilities [3]. - Laborers generally have insufficient awareness of insurance and weak rights protection capabilities, complicating the identification of facts and adjudication [3]. Group 4: Court Initiatives and Recommendations - The Beijing Financial Court has implemented a "penetrating" trial approach, thoroughly examining the parties, funds, and transaction structures to ascertain true contractual relationships and legal responsibilities [4]. - A specialized tribunal for new employment model insurance disputes has been established, along with a research team focused on insurance policies, enhancing the precision and professionalism of case handling [4]. - The court recommends that insurance institutions optimize product offerings for new employment characteristics, while platforms should enhance laborers' rights protection and laborers should improve their risk awareness and rights protection capabilities [4].
破局新业态保险强制搭售、“宽进严出”乱象 北京金融法院探索创新路径
Zheng Quan Shi Bao Wang· 2025-04-28 07:59
Core Viewpoint - The Beijing Financial Court emphasizes the need for improved protection of insurance rights for new economy workers, highlighting the complexities and challenges in insurance disputes involving multiple parties [1][2][3] Group 1: Insurance Disputes Overview - Since its establishment in 2021, the Beijing Financial Court has handled 1,796 second-instance insurance dispute cases, with a total amount exceeding 2.188 billion yuan, of which 15.92% are related to new economy workers' insurance rights [1] - The main types of disputes in new economy insurance cases include accidental injury insurance contract disputes, employer liability insurance disputes, and insurer subrogation disputes [1] Group 2: Issues Faced by New Economy Workers - Internet platforms often obscure their responsibilities in labor insurance rights protection through complex transaction structures, leading to potential violations of workers' autonomy in choosing insurance [2] - Many new economy workers lack awareness of insurance products and their rights, which hinders their ability to claim compensation effectively [3] Group 3: Court's Initiatives and Recommendations - The Beijing Financial Court is enhancing its specialized adjudication efficiency and exploring a "full-chain" collaborative governance approach to address the shortcomings in insurance product design and industry management [3][4] - Recommendations for insurance institutions include clearly defining new economy workers as policyholders for relevant insurance products and creating standardized claims guidelines for faster compensation [4] - For platform companies, the court advises against bundling insurance purchases with labor rights and emphasizes the need for better algorithm management to reduce occupational risks for workers [4]
北京金融法院副院长宋毅:平台企业利用多层交易结构嵌套规避用工责任的情形比较突出
news flash· 2025-04-28 02:47
Core Viewpoint - The Beijing Financial Court highlights the complex interrelations among platforms, third-party enterprises, insurance institutions, and workers in new business model insurance disputes, with a notable emphasis on platforms shifting labor costs and responsibilities through intricate transaction structures [1] Group 1: Stakeholders Involved - The four main parties involved in the disputes are platforms, third-party enterprises, insurance institutions, and laborers [1] - Platforms often avoid direct employment relationships with laborers by classifying them as self-employed or individual business owners, leading to the signing of service, contracting, and cooperation agreements with platform partners [1] Group 2: Operational Dynamics - The "platform + platform partner + laborer" model creates a long chain of employment relationships, complicating the accountability of each party [1] - Platforms utilize multi-layered transaction structures to transfer labor costs and evade employment responsibilities, which is a prominent issue in the current landscape [1]