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护工骑手受伤谁买单 劳务关系赔偿有规则
Bei Jing Qing Nian Bao· 2025-08-04 00:22
Core Viewpoint - The article discusses the legal implications and responsibilities in labor and service relationships, highlighting the differences in liability and compensation in cases of injury during work, particularly in informal labor arrangements [12][13]. Group 1: Labor and Service Relationships - Labor relationships are governed by strict regulations under labor laws, while service relationships are more flexible and based on civil agreements, suitable for temporary or non-core work [1][12]. - Service relationships often lack formal contracts, leading to potential disputes over responsibilities and compensation in case of injuries [13]. Group 2: Case Studies - Case 1: A caregiver at a nursing home was awarded compensation after slipping on a wet floor, with the nursing home held 90% responsible due to inadequate safety measures [2][3]. - Case 2: A demolition worker fell from a ladder and was found 70% responsible for his injuries due to lack of safety equipment, while the employer was held 30% responsible for not providing safety measures [5][7]. - Case 3: An online food delivery rider sustained injuries during delivery and was awarded compensation, with the platform company held 50% responsible for not ensuring adequate safety measures [9][10]. Group 3: Legal Responsibilities - Both parties in a service relationship have a duty of care regarding safety, with the service provider expected to ensure a safe working environment and the labor provider responsible for their own safety [3][7]. - The court emphasizes the importance of written agreements in service relationships to clarify responsibilities and reduce disputes [13].
四部门发文:为运输途中意外伤亡和突发重疾货车司机提供帮扶
Nan Fang Du Shi Bao· 2025-07-07 16:01
Group 1 - The core viewpoint of the news is the implementation of measures to enhance support and protection for truck drivers facing occupational hazards and unexpected incidents during transportation [1][2][3]. - The Ministry of Transport, Ministry of Civil Affairs, Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions jointly issued a notification to strengthen occupational injury protection and explore mutual assistance insurance for truck drivers [1][2]. - A special action named "Warm Journey" aims to provide health care, emotional support, cargo escort, and post-incident assistance for truck drivers affected by accidents or serious illnesses [2][3]. Group 2 - Seventeen provinces, including Beijing, Tianjin, and Guangdong, are designated as pilot areas for occupational injury protection for new employment forms, focusing on ensuring comprehensive coverage for urban freight drivers [3]. - Local civil affairs departments are encouraged to utilize big data and on-site investigations to identify eligible truck drivers and their families for social assistance, addressing needs in medical care, housing, education, and employment [3][4]. - Transportation industry organizations are urged to regularly provide warm services to truck drivers, including health check-ups, legal services, and psychological counseling, while enhancing facilities at service areas for truck drivers [4].
先建立职业伤害保险,再渐进完善社会保险,更符合平台经济的弹性特征
Di Yi Cai Jing· 2025-06-11 14:44
Core Viewpoint - The prioritization of occupational injury protection for delivery riders can mitigate immediate risks while accumulating experience for comprehensive social security reform. The gradual reform of the social security system should focus on national coordination and flexible contributions to avoid conflicts between rigid systems and flexible employment [1][17]. Group 1: Occupational Injury Risks - Delivery riders face significant occupational injury risks, including traffic accidents, overwork-related health issues, and extreme weather threats. Statistics indicate that riders average over 50 kilometers of cycling daily, leading to a high-pressure work environment that increases the likelihood of accidents [2][3]. - The occupational injuries of riders not only affect them but also impose external costs on society, such as increased public healthcare burdens and traffic congestion due to accidents [2][3]. Group 2: Policy Development and Implementation - In December 2021, the Ministry of Human Resources and Social Security and ten other departments introduced the "Occupational Injury Protection Measures for New Employment Forms (Trial)" to support and regulate the rights of new employment form workers [4]. - The core of the Measures is to recognize the unique employment status of platform workers and establish an occupational injury protection system that provides medical expenses and compensation for disability or death [5][6]. Group 3: Challenges and Risks in Policy - Despite the Measures, there are potential risks of companies evading their responsibilities through outsourcing or changing order mechanisms, which could undermine the effectiveness of the occupational injury protection [9][10][11]. - The flexibility of platform operations and the evolving nature of employment relationships pose challenges to the implementation of the Measures, as companies may exploit loopholes to minimize their obligations [8][12]. Group 4: Balancing Rights and Industry Sustainability - The debate on whether to prioritize social insurance or occupational injury insurance reflects the need to balance immediate risk coverage with long-term institutional development. Prioritizing occupational injury insurance could provide immediate relief while allowing for gradual improvements in social insurance [14][16][17]. - The proposed pathways for policy implementation suggest that establishing occupational injury insurance first could stabilize the industry and facilitate a smoother transition to comprehensive social security reforms [15][16][17].
多部门合力提升新就业形态劳动者权益保障!有何新变化?一文了解→
Sou Hu Cai Jing· 2025-06-11 14:24
Core Viewpoint - The Chinese government is launching a special initiative to address the rights and protections of gig economy workers, specifically focusing on a new occupational injury insurance scheme called "New Occupational Injury" tailored for delivery riders and ride-hailing drivers [1][6]. Group 1: New Occupational Injury Scheme - The "New Occupational Injury" scheme is designed specifically for workers in new employment forms, providing occupational injury protection based on the principles of platform funding, per-order payment, mandatory coverage for each order, and universal coverage for each individual [6][7]. - Unlike traditional commercial accident insurance, the "New Occupational Injury" scheme does not require personal contributions, as all costs are covered by the platform, making it suitable for both full-time and part-time workers [7][9]. - As of 2022, seven platform companies participated in pilot programs for this insurance, which are currently implemented in seven provinces and cities, including Beijing, Shanghai, and Guangdong [7][13]. Group 2: Financial Commitment and Coverage - A logistics platform has invested 120 million yuan in occupational injury insurance for drivers, covering approximately 1.6 million drivers, with coverage amounts ranging from several hundred yuan for minor injuries to up to 1 million yuan for severe injuries [9]. - An external delivery platform has reported a total premium expenditure of 1.5 billion yuan, covering nearly 7 million riders across seven provinces and cities as of April this year [11]. - The number of new employment form workers in China has reached 84 million, with over 11 million participating in insurance programs as of March [13]. Group 3: Future Plans and Algorithm Transparency - The Ministry of Human Resources and Social Security plans to expand the insurance pilot program to 17 provinces and cities, with a gradual push for nationwide implementation [13]. - Several platforms are also making efforts to optimize details regarding wages, rest times, and order dispatching, with a focus on transparency in algorithms related to order distribution and commission rates [13][15].
平台企业加快数字技术更新迭代 新就业形态劳动者劳动权益保障不断完善
Yang Guang Wang· 2025-06-07 01:39
Group 1 - The scale of new employment forms, represented by delivery riders and ride-hailing drivers, continues to expand, with over 12 million ride-hailing delivery personnel in China and coverage extending to over 2,000 counties [1] - Platform companies are enhancing rights protection for new employment form workers, ensuring stable employment and increased income [1] - Didi has recruited over 770,000 new drivers since April, with key regions like Guangdong, Fujian, Zhejiang, Jiangsu, Shandong, and Shanghai contributing over 280,000 [1] Group 2 - Meituan has provided occupational injury insurance for nearly 7 million riders and plans to extend social security coverage to full-time and stable part-time riders nationwide [2] - The pilot program for occupational injury protection for new employment form workers has expanded to 17 provinces this year [1]
人社部:促进基金保值增值 继续开展社保基金管理巩固提升行动
news flash· 2025-04-29 08:40
Group 1 - The Ministry of Human Resources and Social Security (MoHRSS) is promoting the preservation and appreciation of social security funds through ongoing management actions [1] - The reform will include a gradual increase in the statutory retirement age and improvements to insurance payment methods for flexible workers, migrant workers, and those in new employment sectors [1] - There will be an adjustment in pension benefits, focusing on increasing basic pensions for low- and middle-income groups and raising the minimum standard for urban and rural residents' pension insurance [1] Group 2 - The MoHRSS encourages local governments to expand the scale of entrusted investments for enterprise employee pension funds [1] - There will be a deepening of the application of social security cards, integrating work permits for foreigners with social security cards, and enhancing the functionality of electronic social security card apps [1]