Research on the construction of the unemployment insurance system for workers in new forms of employment
新就业形态劳动者失业保险制度构建研究

摘要

近年来，我国平台经济快速崛起，新就业形态劳动者规模持续扩大，其失业保险权益保障缺失已成为社会法领域的突出问题。现行失业保险制度以传统劳动关系为基础构建，难以适应新就业形态“弱从属性”“去组织化”的用工特征，本文揭示了新就业形态劳动者失业风险的客观存在，从现行失业保险制度与劳动关系捆绑、不适配新就业形态，政府监管不足及劳动者参保意愿不高等方面分析了成因，运用社会保障权平等理论和风险社会理论论证了将新就业形态劳动者纳入失业保险制度的正当性，最后从参保方式、缴费基数、待遇领取条件、平台企业责任、信息技术保障等方面提出了具体构建方案。

Abstract

In recent years, China's platform economy has experienced rapid growth, leading to a continuous expansion in the scale of workers engaged in new employment forms. The lack of unemployment insurance protection for these workers has emerged as a prominent issue within the field of social law. The current unemployment insurance system, constructed upon the foundation of traditional labor relations, struggles to adapt to the characteristic features of new employment forms, such as "weaker subordination" and a "decentralized organizational structure. "This article reveals the objective existence of unemployment risks faced by workers in new employment forms. It analyzes the contributing factors from four key perspectives: (1) the current system's inherent linkage to traditional labor relations, (2) its fundamental incompatibility with the nature of new employment forms, (3) insufficient government regulatory oversight, and (4) low enrollment willingness among the workers themselves. Utilizing the theory of equal social security rights and the theory of risk society, the article demonstrates the legitimacy of integrating workers in new employment forms into the unemployment insurance framework. Finally, it proposes specific framework proposals addressing aspects such as enrollment mechanisms, contribution base calculations, benefit eligibility criteria, the responsibilities of platform enterprises, and necessary information technology safeguards.