Labor Relations Do Not Fall Within The Scope Of The Labor Contract Law.

< p > [case] < /p >.
< p > March 2011, A company recruited Zhang, but Zhang was in the stage of self employment social insurance subsidy because of his entry into fashion. As a result, A was paid social insurance by Zhang, who was enjoying social security subsidies at that time. He could not sign a labor agreement with him and signed a labor agreement. He did not undertake the obligation of employing units to pay social insurance. < /p >
Less than three months after P, Zhang had a motor vehicle traffic accident on his way to work. The personnel department of A company was informed of the termination of the labor agreement. Zhang believes that the company should declare industrial injury for itself, while the company believes that the two sides signed a labor agreement without having to bear legal liability for labor. After consulting with the company, Zhang applied for a work-related injury and was identified as a work-related injury. His disability rating was 8. < /p >
< p >, then, because A company refused to pay industrial injury insurance benefits, Zhang submitted the company to the labor arbitration tribunal, demanding confirmation of labor relations and paying work-related injury insurance benefits. The arbitration tribunal has found that the company has established a factual labor relationship with Zhang, and should sign a written labor contract to undertake the labor legal liability. According to the < < a href= "http://www.91se91.com/news/index_q.asp > < Labor Contract Law > /a > tenth, the provisions of article sixty-second of the industrial injury insurance Ordinance determine that the labor relations between A and Zhang shall be established, and labor contracts should be signed, and 8 industrial injury insurance benefits shall be paid. < /p >
< p > < strong > [analysis] < /strong > /p >
< p > < strong > the focus of this case is that A and Zhang belong to < a href= "http://www.91se91.com/news/index_q.asp > labor relations < /a > a href=" http://www.91se91.com/news/index_q.asp "> labor relations < /a >. < /strong > < /p >.
< p > labor contract is a legal instrument which establishes the rights and obligations of employers and workers according to the labor law and the labor contract law. Once established, a labor legal relationship between employers and workers is established, and is adjusted by the labor law and the labor contract law. The labor agreement is essentially different from the labor contract, and is not subject to the adjustment of the labor law and the labor contract law. Employers and labourers in this case have the main qualifications for signing labor contracts, but employers have tried to avoid the obligation to pay social insurance, and have signed labor agreements with workers. < /p >
< p > workers who enjoy social security subsidies prove that they are at the stage of unemployment. According to the relevant provisions of the labor contract law, when employing units to recruit unemployed persons, the employing units shall conclude written labor contracts with workers within one month from the date of their employment. The A company in this case violates the relevant provisions of the labor contract law, so it should bear the corresponding legal liability and pay risks such as double pay and compensation. < /p >
< p > in addition, the sixty-second article of the regulations on industrial injury insurance stipulates: "... If a worker who is injured by an industrial injury insurance worker who has not participated in the industrial injury insurance is injured by industrial injury, the employer shall pay the cost according to the items and standards of work-related injury insurance benefits stipulated in these regulations. A did not pay the industrial injury insurance according to the industrial injury insurance Ordinance according to law. Therefore, the industrial injury insurance premium paid by the industrial injury insurance fund is borne by the employer. < /p >