Flexible employees, enterprise employees

Flexible employees refer to those who are employed in flexible forms such as part-time, temporary and flexible work. Including the unemployed, resigned persons whose files are registered in file keeping institutions at all levels, self-employed persons who terminate or terminate their labor relations with the employing units, retirees who have been approved by the labor and personnel departments during the file keeping period, unemployed persons who have registered for employment and unemployment, self-employed persons, owners of individual economic organizations and their employees. As far as social security is concerned, flexible employees can pay insurance in their personal capacity by filing employment agencies or talents. Many provinces take the form of social security subsidies for flexible employees to reduce their social security burden. The specific forms of flexible employment include unemployed persons, resigned persons, self-employed persons who terminate or terminate the labor relationship with the employing units in file keeping institutions at all levels, retirees approved by the labor and personnel departments during the file keeping period, unemployed persons who register for employment and unemployment, self-employed persons, owners of individual economic organizations and their employees. For example, people who are engaged in community service such as domestic service, bicycle repair, shoes repair, key matching, recycling of renewable resources, clothing darning, breakfast, student dining table, etc. Flexible employment refers to various forms of employment based on industrialization and modern factory system, which are different from traditional mainstream employment methods in working hours, income and remuneration, workplace, insurance and welfare, labor relations and so on. Refers to laid-off workers who are engaged in temporary workers such as community convenience service, domestic service and logistics service of enterprises and institutions in streets, communities and other organizations. It does not include individual industrial and commercial households that have obtained business licenses and employees of private enterprises that establish labor relations. There are mainly the following types of flexible employment: informal sector employment, that is, employment and employment forms that cannot meet the general enterprise standards, such as labor standards (working conditions, working hours, wages, insurance and welfare benefits), production organization management, and labor relations operation, mainly referring to small enterprises, micro-enterprises and family workshops. The forms of employment independent of the unit are: self-employed employment, including self-employed and partnership; Self-employed, such as freelancers, lawyers, freelance writers, singers, models, intermediary service workers, etc. Temporary workers, such as domestic hourly workers, street vendors and other odd jobs. It mainly consists of the following three parts: 1. Self-employed workers: including self-employed workers (self-employed) and freelancers who engage in professional activities in their personal capacity. 2. Domestic helper: a person who helps family members engage in production and business activities. 3. Other flexible employees. Mainly refers to part-time workers, seasonal workers, labor contractors, labor dispatch workers, family hourly workers and other ordinary workers.

Legal objectivity:

Flexible employment refers to a way of employment that is different from the traditional mainstream in working hours, income and remuneration, workplace, insurance and welfare, labor relations and so on. Flexible employment refers to those who are employed or re-employed in flexible and diverse forms such as part-time, temporary, seasonal and flexible work within the working age range (male 60 years old and female under 50 years old). Flexible employees who enjoy social insurance subsidies must register for employment according to regulations, participate in social insurance in their personal capacity, and pay social insurance premiums in full and on time according to the prescribed payment base. The stipulated payment base for flexible employees who enjoy social insurance subsidies to pay social insurance premiums is: the basic pension is calculated and paid at 100% of the average monthly salary of employees in the previous year; Basic medical care is based on the average monthly salary of employees in Chengdu in the previous year. Endowment insurance is an important part of social security system and one of the five most important social insurances. The so-called endowment insurance (or endowment insurance system) is a social insurance system established by the state and society according to certain laws and regulations to solve the basic life of workers who reach the working age limit stipulated by the state and terminate their labor obligations or quit their jobs because of old age. Flexible employees must pay two social security fees for basic old-age pension and basic medical care on time. At the end of each quarter (before 25th), they should hold their ID card, household registration book, re-employment concession card or unemployment certificate, employment registration certificate and social security payment certificate. Disabled people should also apply to the local community labor security workstation with disability certificate, and declare the number of payment months and subsidy months. First of all, due to the current employment pressure, people are usually afraid to "request" to pay endowment insurance for them in order to find a stable job. Secondly, some individuals and non-public enterprises excessively pursue immediate interests, fearing that participating in social insurance will reduce liquidity and affect production and operation, and try their best to avoid paying fees for flexible employees. Because employees don't know much about the relevant policies of social endowment insurance, some people even know nothing about social endowment insurance, and they are still immersed in the idea of "providing for the aged from less". Some people are not confident in social endowment insurance and prefer to save for the elderly themselves, resulting in a "double low" participation rate and enthusiasm for payment. The characteristics of flexible employees increase the difficulty of participating in insurance. First of all, their time and working relationship are flexible. Even if the work unit pays the old-age insurance for them, it is difficult to continue the old-age insurance because of their unstable labor relations. Secondly, the elasticity of income, a considerable number of flexible employees' income is lower than the average social wage level, and they can only maintain a basic living and are unable to pay old-age insurance premiums. Finally, because endowment insurance is generally aimed at enterprises and institutions, if individuals are the payment units, it will greatly increase the complexity of participating in insurance. Since 1995 established the mode of combining social pooling with individual accounts, China's old-age insurance has changed from pay-as-you-go system to the current mode of combining unified accounts. In the process of reform, there is no provident fund in the personal accounts of retired and on-the-job employees, which forms the transitional cost of the old and new pension insurance systems. It is estimated that the transition cost of the old-age insurance system in China is about 3 trillion yuan. Undoubtedly, the transition cost of the old-age insurance system should be entirely borne by the government, but in fact, the government did not explicitly bear the transition cost, but passed it on to the enterprise, thus making the enterprise bear a double burden, not only to pay the old-age insurance premium for the on-the-job employees, but also to pay the old-age insurance premium for the retired employees. At present, the contribution rate of enterprise endowment insurance has reached 24% ~ 28% (in different places), and the contribution rate of flexible employees is unified at 20%. The old-age insurance rate is too high, even regular units will find it unbearable, let alone people who are flexible in employment. China's current endowment insurance law is mainly formulated for full-time employees. However, there is not a comprehensive summary of flexible employment, and some of them are only aimed at special ones, such as migrant workers, and some are only adapted to local conditions, and the expansion is not strong. Imperfect laws often fail to protect the rights and interests of flexible employees, which are mainly manifested in the following aspects: wages can not meet the statutory minimum wage standard, wages are seriously in arrears, overtime pay is not paid for extended working hours, and the working environment is harsh, and they are often dismissed at will. Moreover, most flexible employees are in a weak position, and when their rights and interests are infringed, they often cannot be effectively protected when they seek help from the legal department for economic or other reasons. 6. Continuation of endowment insurance Because of the flexible labor relations of flexible employees, it is extremely important to continue endowment insurance in different places. There is no national overall planning for endowment insurance, so when you go to work in other provinces, you can only take away your personal account and a small amount of overall planning when transferring endowment insurance. Originally, the average salary of flexible employees was not high, and the payment ratio was too high, which was undoubtedly a great loss for them. Due to the late implementation of the old-age insurance policy for flexible employees and low awareness of old-age insurance, many people who are willing to start old-age insurance have exceeded the legal age of participation and lost the right to enjoy old-age insurance, which is also contradictory to expanding the coverage of old-age insurance. The base of payment and the proportion of payment are "double high". The current endowment insurance in China generally chooses the base of payment between 60% and 300% of the average social wage in the province, and the proportion of payment is 20%, of which 12% is included in the personal account and 8% is included in the overall fund. The full-time employees only bear 8% of the expenses themselves, which has made it unbearable for flexible employees. In addition, their average wage is still lower than the social average wage.