One Word Difference Leads To Industrial Injury Compensation Disputes

Xin Mou is a staff member of a stone company. He works in a booth. Because of low wages, Xin Mou has found a part-time job. He introduced a temporary paid unloading work for a loading and unloading company.

Last June, when Xin Mou was unloading the car for loading and unloading company, his thumb fractured and injured. After that, the loading and unloading company paid the medical expenses of Xin Mou. Xin Mou and the handling company reached an agreement. The medical expenses paid by the loading and unloading company to Xin Mou were borne by the loading and unloading company, and the loading and unloading company paid once again for Xin Yuan's living allowance, follow-up medical expenses and future skill training cost of 13000 yuan. After the agreement was reached, the loading and unloading company paid the Xin Mou 13000 yuan according to the contract.

Afterwards, Xin Mou realized that the fracture of the little finger can be rated as a 10 level work-related injury, and the 10 level work-related injury can get at least 30 thousand of the compensation. If he wants to declare a work-related injury in the labor department, he must first submit the evidence to confirm the labor relationship, such as the labor contract. But the loading and unloading company did not sign a labor contract with Xin.

In order to prove the existence of labor relations with the loading and unloading company, Xin Mou filed a complaint with the labor dispute arbitration committee, and demanded confirmation of the fact labor relationship with the loading and unloading company. After trial, the labor dispute arbitration commission ruled that there was a factual labor relationship between Xin and the loading and unloading company. The company refused to accept the case and filed a lawsuit with the court to confirm that there was no factual labor relationship between Xin and the loading and unloading company. The court ruled that there was no factual labor relationship between Xin Mou and the loading and unloading company.

　　 Dispute points of cases

The loading and unloading company believes that there is no labor relationship between Xin and the company, because Xin Mou has introduced the work of unloading the stone slab to Mr. and Mrs. Lee, and then settled the price according to the price of 20 yuan / car and Lee. And Xin Mou is hired by Li. Therefore, Xin Mou's injury should be held by Li Mou and Xin Mou himself, and has nothing to do with the loading and unloading company.

And Xin Mou thinks, as long as he works in the loading and unloading company, there is a factual labor relationship between the two sides.

The focus of controversy in this case is whether Xin Mou is an employee of the loading and unloading company. If employees of the loading and unloading company are injured, Xin Mou is injured at work, whether or not he is at fault, the loading and unloading company shall bear full liability for industrial injury; if Xin Mou is not a staff member of the loading and unloading company, and is a helper hired by Lee, then the loading and unloading company will not need to pay any industrial injury payment again.

　　 Lawyer analysis

How to determine whether Xin Mou is a unit? staff The key is to distinguish between employees who are recruited by the loading and unloading company or the helpers hired by Lee.

The so-called "hired laborer" generally refers to the helpers employed by the individual rather than the employees employed by the company. There is no factual labor relationship between the individual helpers and companies. Therefore, helpers can not enjoy the rights and interests of workers, such as minimum wage protection, overtime pay guarantee, social insurance and work-related injury treatment. So, Xin a little thumb fracture, can not be compensated according to industrial injury treatment, can only get medical expenses and sick leave wages, sick leave need to have hospital sick leave as a basis.

If Xin can be identified as an employee employed by the company, Xin can enjoy the lowest level. wages Security, overtime pay, social security and Injury on-the-Job Benefits and other rights.

China's law does not prohibit part time behavior. Therefore, Xin can have labor relations with two companies. However, this case has particularity, the loading and unloading company will contract the loading and unloading business to the individual, and Xin Mou is paid by the contractor Lee, and Xin Mou completes the work assigned by Lee and accepts Li's management. Therefore, even if the law does not prohibit part time behavior, Xin Mou is a helper hired by Lee rather than the employee employed by the company.

In this case, because Xin Mou is not a unit employee, it is a helper hired by Lee. Lee only needs to pay for medical expenses and loss of time. Lee and Xin Mou first reached a compensation agreement is legal. Lee is not entitled to other industrial injury compensation.

Labourers should understand the essential difference of employment relationship, so as to safeguard their rights and interests in the event of disputes.