Heat Stroke Counts As Work-Related Injuries And Wages Are Paid As Usual.

7 days ushered in this year's "solar heat" solar terms, marking the extreme hot weather began to hit. The labor and social security department reminds us that working at high temperatures is a work-related injury, and employers must pay wages and subsidies during heatstroke treatment.

　　 Workers Due to heatstroke and other industrial injuries during treatment, it is deemed normal labor is provided. Employers must pay wages and subsidies accordingly. If a company refuses to pay for heatstroke treatment, wages And so on, workers can complain to the labor and social security supervision department.

For the upcoming sauna weather, Labor security The Department reminded that employers should appropriately adjust their work and rest system according to their production characteristics and specific conditions, increase rest and reduce labor intensity, and ensure safety in production. If you work at high temperatures above 35 degrees Celsius, you can get high temperature allowances.

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Chen has experience in warehouse management. In April 1, 2010, he signed a labor contract with a limited company. The contract period was one month, and thereafter it was signed on January 1. The contents of the contract are the same. All of them agree to provide labor services for a limited company. They must comply with the code of practice for the warehouses established by a limited company in the warehouse of a certain company. The labor cost is paid monthly by 3000 yuan, and a limited company does not participate in social insurance.

In March 31st this year, after the last labor contract expired, a limited company no longer renews with Chen. Chen applied for labor arbitration and requested confirmation of labor relations with a limited company to pay financial compensation. Finally, the labor arbitration department supported Chen's proposition.

Why does Chen sign a labor contract with a limited company every month, and is still identified as a labor relationship?

The first article on the establishment of labor relations related matters (No. 12 of the Ministry of labour, Ministry of education, No. 2005] stipulates that the employer has not signed a written labor contract to employ workers, but at the same time, the labor relations shall be established:

(1) employers and workers comply with the main body qualifications stipulated by laws and regulations.

(two) the labor rules and regulations formulated by the employing units according to law shall be applicable to the labor management of the laborers and the employing units, and to engage in remunerated labor arranged by the employing units.

(three) labor provided by workers is an integral part of the business of employing units.

In this case, first of all, it is unquestionable that Chen and a limited company comply with the main body qualification stipulated by the law from the facts of the case. Secondly, since April 1, 2010, Chen has been arranged to work in a warehouse of a certain company. His working hours are continuous, the contents of his work are goods, and Chen is bound by the code of practice of a limited company. He must obey the management of a limited company. His monthly labor cost is essentially labor income. Thirdly, the custody of warehouse goods is part of the management and management of a limited company. It can be seen that although a limited company and Chen Mou signed labor contracts, they have three conditions for the establishment of labor relations.