新业态劳动者保险权益保障

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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].