新业态从业者纳入失业保险的困境与对策研究
Study on the Dilemma and Countermeasures of New Business Form Practitioners Being Included in Unemployment Insurance

平台经济的迅猛发展催生了大量新业态从业者。在平台经济中，新业态从业者工作灵活化，从属性弱化，同时平台有意隐藏真实劳动关系，导致新业态从业者与平台的劳动关系难以认定，而失业保险制度和劳动关系又捆绑在一起，因此新业态从业者被排除在失业保险制度外，失业风险无法得到保障。通过理论阐释，将新业态从业者纳入失业保险制度具有正当性、合理性以及现实的必要性。但在理论上失业保险与劳动关系分离理论尚未成熟，在制度执行层面，新业态从业者难以满足失业待遇领取条件，实践中存在劳资双方参保意愿不强、平台有意掩盖劳动关系等难题。文章建议在理论上要阐明失业保险与劳动关系解绑，在制度上放宽失业待遇领取条件，在实践中要提高保险待遇、加大补贴，激发缴费意愿等。
The rapid development of platform economy has given birth to a large number of new business form practitioners. In the platform economy, new forms practitioners work flexible, weakening attribute, platform to hide the real labor relations at the same time, lead to new forms practitioners and platform of labor relations is difficult to identify, and the unemployment insurance system and labor relations and tied together, so the new forms practitioners are excluded from the unemployment insurance system, unemployment risk cannot be guaranteed. Through the analysis, it is legitimate, reasonable and realistic to bring the new business practitioners into the unemployment insurance system. However, in theory, the theory of separation of unemployment insurance and labor relations is not mature. In the level of system implementation, it is difficult for practitioners of new business forms to meet the conditions for receiving unemployment benefits. In practice, there are problems such as weak willingness of both labor and capital to participate in insurance and the platform to cover up labor relations. The paper suggests that in theory, the separation of unemployment insurance and labor relations should be clarified, the conditions for receiving unemployment benefits should be relaxed in the system, the insurance benefits should be improved, subsidies should be increased, and the willingness to pay should be stimulated.