How to keep up with the rise of a variety of new occupations and the various guarantees of social security and labor contracts？

　　BEIJING, Beijing, March 12 (Liu Huan) In recent years, a variety of new occupations have sprung up. Attendant, doll restorer, pet health care worker … … The vigorous development of digital economy has not only profoundly changed people’s working conditions and working methods, but also spawned some new employment forms.

　　Working hours and places are flexible, and the work content is diverse. While new occupations attract many people, the labor rights and interests of practitioners and industry norms are also concerned. During the two sessions of the National People’s Congress in 2023, how to provide more adequate protection for workers with new employment forms has become one of the hot topics in society.

　　New employment form, where is the "new"?

　　Compared with the traditional mode of production, the new employment mode has flexible working hours and places, higher freedom, and a series of services are mostly carried out by means of the Internet. Practitioners can realize long-distance real-time communication with customers, companies and so on online, which breaks the limitation of time and space under the traditional production mode.

　　At the same time, with the improvement of social demand for consumption and quality of life, the work content of new occupations is also diversified.

　　For example, the needs of people’s livelihood in the fields of pension, vocational education, ice and snow sports have spawned new occupations, and promoted the emergence of occupations such as accompanying doctors, curriculum planners, career planners, and beauty teachers. The maturing pet industry chain has spawned occupations such as pet dieters, pet bakers and pet health care workers.

　　In addition, the younger generation’s niche hobbies, such as Chaowan, have gradually developed into mass industries, and at the same time, occupations such as Chaowan designers, doll restorers and graffiti artists have become active on the Internet platform.

　　According to statistics, from 2012 to 2021, the scale of China’s digital economy increased from 11 trillion yuan to 45.5 trillion yuan, and the proportion of digital economy in GDP increased from 21.6% to 39.8%. In 2021, there were about 84 million workers in new employment forms relying on the Internet platform, and more than 200 million flexible employees.

　　In this regard, Xiang Jing, an associate researcher at the Institute of Population and Labor Economics of China Academy of Social Sciences, told Zhongxin.com that with the development of social economy and the iteration of new technologies, the emergence of a large number of new occupations is an inevitable trend of the development of the labor market. At the same time, the increasing demand of the public for personalized service also provides opportunities for the development of new occupations.

　　"Compared with traditional occupations, practitioners in the new employment form are more social and interactive. They value personal interests and employment satisfaction, and the services and goods they provide are more personalized." Xiang Jing said.

　　Problems such as labor relations and industry access need to be solved urgently.

　　During the two sessions of the National People’s Congress in 2023, Cao Peng, member of Chinese People’s Political Consultative Conference and president of jingdong cloud Business Department, said that the definition of employment relationship among new employment groups is still unclear, which led to a series of problems such as labor disputes and untimely payment of social security.

　　Gao Jiana, a lawyer of Beijing Fazheng Anbang Law Firm, told Zhongxin.com that because of the flexibility and mobility of their work, most of the new employment groups sign labor contracts with employers and institutions, and there are difficulties in defining labor relations.

　　She explained that both sides of labor relations are "employers" and "laborers". The determination of labor relations needs to meet three conditions:

　　First, employers and workers meet the subject qualifications stipulated by laws and regulations.

　　Second, the rules and regulations formulated by the employer are applicable to the workers, and the workers accept the labor management of the employer.

　　Third, the labor provided by the laborer belongs to the business component of the employer.

　　The determination of specific labor relations also needs to comprehensively consider whether the two sides have the intention to establish labor relations with reference to social security, wages, written contracts and other situations.

　　Gao Jiana said that for the new employment form group, there are more disputes for work-related injury compensation. Because the income source of this kind of group is unstable, it is difficult for them to get paid through labor in a short time after an accident.

　　In addition, the access rules of new professional industries also need to be clarified. Xiang Jing pointed out that traditional vocational technical certification, especially the technical certification of high-end occupations, is often highly related to academic background. With the development of internet technology, it is easier to acquire knowledge and wider knowledge, which weakens the correlation between vocational and technical certification and academic background to some extent.

　　"The technical identification of new occupations should meet the professional knowledge, and at the same time, due to the personalized improvement of its services, it is necessary to increase consumer evaluation. Under such circumstances, the identification of new occupations needs to have both technical skills standards and protect consumer rights. " Xiang Jing said.

　　Official: support the construction of odd jobs market and implement the policy of protecting the rights and interests of workers in new employment forms.

　　Jin Weigang, vice-president of China Social Security Society and vice-president of National Institution Research Institute of Zhejiang University, pointed out that the current relevant systems and policies have not adapted to the rapid development of new employment forms, and the social security rights and interests of employees in new employment forms also need attention.

　　"On the one hand, there is no traditional labor relationship between practitioners of new employment forms and related platforms. Platform enterprises think that they are not employees of their own enterprises and do not need to bear the responsibility and obligation of participating in insurance payment for them. On the other hand, such personnel can accept the business assigned by multiple platform enterprises at the same time. This has led to a complicated relationship between employees in new employment forms and platform enterprises, and it is inconvenient to participate in social insurance for urban employees. "

　　In this regard, he believes that it is necessary to improve the management methods of social security management, and appropriately separate the social insurance relationship from the labor relationship. Even if it is inconvenient to clarify the labor relationship between platform enterprises and employees with new employment forms, both parties should bear the responsibility of participating in insurance payment, and reasonably determine the payment rate and base, so as to bring employees with new employment forms into the social security system for employees and enjoy social security fairly according to law.

　　On March 4th, Chinese People’s Political Consultative Conference Federation of Trade Unions submitted a proposal to the 14th session of Chinese People’s Political Consultative Conference — — Proposal on strengthening the protection of workers’ rights and interests in new employment forms and promoting the high-quality development of digital economy.

　　The proposal puts forward that a complete and accurate social support system and supporting measures for new employment forms should be built as soon as possible, and relevant laws such as labor law, labor contract law and social insurance law should be revised and improved in a timely manner, and the reform of the current social security system should be intensified to establish a highly adaptable, flexible and feasible social security system with the employment mode of the Internet platform.

　　Wang Xiaoping, Minister of Ministry of Human Resources and Social Security of China, also said recently that he would support the construction of odd jobs market and implement the policy of protecting the rights and interests of workers in new employment forms. (End)