The "Decision" points out: "Improve the social security system for flexible employment personnel, migrant workers, and new employment forms of people, expand the coverage of unemployment, work-related injury and maternity insurance, completely cancel the restrictions on household registration in the place of employment, and improve the policy of transfer and continuation of social security relations." This is an urgent need to improve my country's social security level and develop a multi-level pension insurance system, and an urgent need to enhance people's well-being and promote high-quality economic and social development.
First, flexible employment personnel, migrant workers, and new employment forms have played an important role in promoting economic and social development and maintaining the overall stability of the employment situation. It is necessary to improve the corresponding social security system. Flexible employment refers to the employment form based on industrialization and modern factory systems in terms of labor time, income and remuneration, workplace, insurance and welfare, labor relations, etc., which mainly include self-employed, part-time and other employment methods. In 2023, the number of flexible employment personnel in my country will be around 200 million. Migrant workers refer to agricultural household registration personnel who leave their registered residence and are mainly engaged in non-agricultural industries. In 2023, there were 298 million migrant workers nationwide, including 177 million migrant workers. New employment forms refer to people who rely on the Internet platform to find employment, mainly including online delivery personnel, online car-hailing drivers, Internet marketers, etc. The ninth national staff situation survey shows that there are 84 million new employment forms nationwide. my country has entered the stage of deep integration of the Internet, big data, artificial intelligence and the real economy. The emergence of flexible employment personnel, migrant workers, and new employment forms has opened up new space for the employment market, expanded new ways for workers to increase their income, stimulated new momentum for promoting economic development and transformation and upgrading, and played an important role in ensuring employment, stabilizing employment, and expanding employment. Improving the corresponding social security system is a need to ensure the effective coverage of the national social security system, and it is also a need to promote high-quality development through stable employment.
Second, the current labor law, labor contract law and social security system are designed for traditional employment methods, and it is difficult to effectively adapt to flexible employment, migrant workers, and new employment forms of people. my country's existing labor legal system is designed based on traditional labor relations, lagging behind the new development of employment forms, and it is difficult to adapt to the flexible, complex and diversified employment forms in the digital economy era. According to my country's labor legal system and labor arbitration and trial practice, the protection of workers' rights must be based on labor relations. If it cannot be recognized as a labor relations, it will be difficult for workers' labor and social insurance rights to be protected by law. Flexible employment personnel, migrant workers, and new employment forms have flexible employment methods, low employment thresholds and large capacity, independent and diverse work tasks, and the main employment methods rely on platforms, and labor relations lack clear definitions and norms. In addition, in order to reduce labor costs, platform enterprises have adopted franchise, agency, contracting and other methods to extend the employment chain, or allow workers to register as individual industrial and commercial households to become commercial entities to avoid labor relations, resulting in difficult identification of labor relations among these workers, low labor contract signing rate, insufficient social insurance, and blind spots in labor rights protection. Workers' risks cannot be effectively resolved through socialization. To improve the social security system for flexible employment, migrant workers, and new employment forms of people is to solve these existing problems in a timely and effective manner.
Third, improve the social security system for flexible employment, migrant workers, and new employment forms of people, focusing on building harmonious labor relations and promoting high-quality and full employment. We must speed up the study and formulation of laws, regulations and systems to protect the rights and interests of flexible employment personnel, migrant workers, and new employment forms of personnel, and implement and improve various support and protection policies and measures. We must improve the flexibility and inclusiveness of social security policies, completely cancel the restrictions on household registration in the place of employment, and guide flexible employment personnel, migrant workers, and new employment forms to actively participate in social insurance according to actual conditions. It is necessary to guide enterprises to improve industry conventions and industry standards, strengthen self-discipline, employ workers in accordance with the law, and consciously fulfill their responsibilities for employment and rights protection. It is necessary to strengthen the supervision of the human resources market, strengthen supervision and legality review of the employment methods of enterprises, and increase supervision and punishment for unreasonable employment. We must actively carry out occupational injury protection pilot projects to cover more flexible employment personnel, migrant workers, and new employment forms. We must vigorously implement special actions to protect labor rights and interests, make up for the shortcomings in rights and interests protection in terms of fair employment, wage payment, rest and leave, labor safety, platform rules and algorithms, and promote the implementation and effectiveness of various laws, regulations and policies.
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