What are the rules for flexible workers, and what are the rules for flexible workers

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Legal Analysis: Returning flexible employment personnel refer to those who are employed in the form of flexible employment within the legal working age stage, mainly including:

1) Self-employed workers, such as self-employed (excluding individual industrial and commercial households with business licenses), ** business, street vendors, family employees, etc.;

2) Self-employed, such as freelancers engaged in professional activities in their personal capacity, such as freelance writers, non-contracted singers and models, etc.;

3) Temporary workers, such as part-time workers, seasonal workers, hourly family workers and other types of part-time workers.

Workers who apply for the recognition of flexible employment personnel shall provide 1 2-inch recent bareheaded **, the original and copy of the ID card, and the original and copy of the household registration book, and the following personnel shall also provide:

1. Self-employed workers need to provide a detailed written description of self-employed labor, including the scope of self-employment, location, working hours, etc. The community labor security workstation is responsible for verifying and affixing the official seal.

2. Temporary employees who have established a labor relationship with the employer or employer shall provide one or more labor certificates issued by the employer or employer, which shall be stamped by the employer or signed by the employer.

Legal basis: Article 23 of the Social Insurance Law of the People's Republic of China Employees shall participate in the basic medical insurance for employees, and the employer and the employee shall jointly pay the basic medical insurance premiums in accordance with the provisions of the state. Individually-owned businesses without employees, part-time employees who have not participated in the basic medical insurance for employees in the employer, and other flexibly employed persons may participate in the basic medical insurance for employees, and the individual shall pay the basic medical insurance premiums in accordance with the provisions of the state.

Legal Analysis: Flexible workers, also known as freelancers. It mainly refers to individuals who are engaged in flexible occupations, mainly focus on labor services, and do not have a fixed employer.

For example, housekeeping, maintenance, freelance writers, designers, legal service providers, models, singers, self-employed people, etc. In addition, the public welfare positions and community service personnel recruited by the first are actually a special form of flexible employment. The main characteristic of the group of flexible workers is that they have income, but there is no fixed employment unit.

If the employer fails to pay social insurance premiums to the employees with labor relations in accordance with the regulations, it is an illegal act, and the employee can defend his rights.

Legal basis: Article 2 of the Employment Promotion Law of the People's Republic of China The State puts the expansion of employment in a prominent position in economic and social development, implements a positive employment policy, adheres to the principle of independent employment choice by workers, market regulation of employment, and promotion of employment, and expands employment through multiple channels.

The relevant policies for flexible employees are specific to social security, and flexible employees can pay for insurance as individuals in the file or as individuals. Many provinces have adopted social security subsidies for flexible workers to reduce their social security burden.

Flexible employment is mainly composed of the following three parts.

1. Self-employed workers, including self-employed, self-employed and freelancers engaged in professional activities in their personal capacity;

2. Domestic helpers, that is, those who help family members to engage in production and business activities;

3. Other flexible employment personnel mainly refer to general workers such as part-time workers, seasonal workers, labor contract workers, labor dispatch workers, and hourly workers with domestic hands.

Legal basis

Labor Law of the People's Republic of China

Article 3 Laborers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.

Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics. Article 5 The State shall adopt various measures to promote labor employment, develop vocational education, formulate labor standards, regulate social income, improve social insurance, coordinate labor relations, and gradually improve the living standards of laborers. Article 10 The State shall create employment conditions and expand employment opportunities by promoting economic and social development.

The State encourages enterprises, public institutions, and social organizations to establish industries or expand their operations within the scope prescribed by laws and administrative regulations, and to increase employment.

The State supports workers in voluntarily organizing themselves for employment and in self-employment to achieve employment. Article 12 Workers shall not be discriminated against in employment on the basis of differences in ethnicity, race, gender, or religious belief. Article 6: The State encourages laborers to participate in social compulsory labor, carries out labor competitions and rationalization suggestion activities, encourages and protects laborers to carry out scientific research, technological innovation, and inventions, and commends and rewards model workers and advanced workers.

- Document No. 27 of 2020 issued by the State Council of the People's Republic of China "Opinions of the General Office of Hewlett Packard Enterprise on Supporting Multi-channel Flexible Employment", which clearly proposes to support the development of new forms of employment, implement inclusive and prudent pre-supervision and intelligent management, promote the healthy development of the digital economy and platform economy, and encourage Internet platform enterprises and intermediary service agencies to reduce service fees, franchise management fees and other fees, create more flexible jobs, and absorb more workers.

Legal analysis: Flexible employees can enjoy pension insurance after reaching retirement age and paying for 15 years, and a certain pension will be paid every month. In terms of medical insurance, Zhi Du can also enjoy a certain proportion of reimbursement, and at the same time, there is no need to pay after retirement, as long as it has reached the number of years stipulated by the state, then it will still enjoy medical insurance treatment without payment, that is to say, lifelong fierce luck to enjoy treatment.

Legal basis: Social Insurance Law of the People's Republic of China Article 16 Individuals who participate in the basic endowment insurance and have paid contributions for 15 years when they reach the retirement age set by law shall receive the basic pension on a monthly basis.

Individuals who participate in the basic endowment insurance and have paid contributions for less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.

First, state-owned enterprises can apply for social security subsidies for single and double employees. All laid-off unemployed persons who have been terminated from the labor contract by state-owned enterprises, if the male is at least 55 years old, and the female is at least 45 years old, can apply for the 4050 social security subsidy, the subsidy standard is 60% of the average monthly salary of the employee in the previous year to pay social security premiums, according to the 20% contribution ratio of the pension payment amount for subsidies, according to the working years of the person can be subsidized by one-third of the standard payment standard or two-thirds of the starvation. Second, employees who enjoy the minimum living security treatment in urban areas can apply for social security subsidies.

After enjoying the minimum living security treatment, but the per capita living standard of family members is still lower than the minimum living security standard, men over 55 years old, women over 45 years old, can apply for 4050 social security subsidies, the subsidy standard is still according to the average wage standard of the previous year's professional shirt paraworkers or rubber clubs, according to the 20% contribution ratio after calculating the payment ratio of the pension insurance payment amount, according to the standard of one-third or two-thirds of the subsidy. Third, urban zero-employment families can apply for 4050 social security subsidies. If you have participated in the pension insurance for urban employees, have paid for less than 15 years, men have reached the age of 55, women have reached the age of 45, and the family members belong to zero-employment families, they can be subsidized according to 60% of the average monthly salary of employees in the previous year, and one-third or two-thirds of the pension insurance payment fee calculated according to the payment ratio of 20%.

Fourth, other flexible workers can also apply for social security subsidies. Other flexible employment personnel, mainly refers to the beginning of the payment of pension insurance, has been as a flexible employment personnel to participate in the employee pension insurance, men over 55 years old, women over 50 years old, due to the gradual increase in age, family life is more difficult, but also according to the previous year's average salary of 60%, according to the proportion of 20% of the payment of pension insurance to pay for subsidies, the subsidy standard is one-third to two-thirds. Female over 40 years old, male over 50 years old, laid-off cooperative insurance unemployed and other groups with employment difficulties can apply for 4050.

To apply for and participate in the social insurance subsidy given by the state, the application period is usually three years, and if a woman reaches the age of 45 and a man applies at the age of 55, there is no subsidy for those who apply for the subsidy until retirement (that is, the maximum period is five years).