Who Will Be Responsible For The Accident When The Company Is Established?

Labourers are the creators of social wealth. In order to protect the legitimate rights and interests of labourers in the labor process, the state has promulgated a series of labor laws and regulations.

However, the labor law and the labor contract law are all disputes arising from the establishment, performance, alteration, termination or termination of labor contracts of enterprises, individual economic organizations and private non enterprise units in People's Republic of China.

In judicial practice, we often encounter some companies have not yet obtained the legal person qualification. In the process of setting up a company, they have disputes with workers about their labor rights and interests.

Who is responsible for the infringement of workers' rights and interests in the course of company establishment?

Q: my husband and I left home for work more than 10 years ago.

Two years ago, I met a fellow countryman Lao Zhao in Shanghai.

Lao Zhao's son opened a packaging material sales company in Shanghai.

At the end of last year, Lao Zhao told us that his son's product sales were good. He decided to open a company in Taicang to produce these packaging materials and sell them on their own.

My husband and I both felt good and went to work in Taicang together.

My husband knows a little bit of technology, and is responsible for several machines in the workshop. I am responsible for the sanitation and cleaning work in the factory and cook two meals for the workers in the factory.

At the beginning of this year, my husband accidentally broke his right hand while working, and his three fingers fractured.

Because of the bad injury, the nerve of the back of the hand was injured, and the function of the right hand was damaged.

Although we have seen many doctors, we have not recovered.

At first, the boss paid some of the medical expenses for us, but later we were very unreasonable about our request for medical expenses and living expenses.

We really can not decide to go to court.

But when asked, he found that the companies in Taicang had not registered for business.

We found Lao Zhao. He said that the company in Taicang was invested by his son and others. The business procedure was entrusted to others. Now the company is not formally established, nor has it been able to pay for it.

Do you?

Answer: for ordinary

In the case of such disputes, the first thing to determine is whether the units they serve for have been established according to law.

If it is not established according to law, it should determine who the sponsor is.

The promoters are natural persons, because natural persons are useless.

At this time, the promoters should normally be held liable for compensation according to the provisions of invalid labor contracts. If the promoters, such as corporate legal persons and other organizations with the qualification of employing the main body, are liable for the labor law by the sponsors.

At the same time, for those unlawfully established units who have caused undue injury to illegal workers, the corresponding compensation liability and standards are specified in the "one-off compensation for casualties of illegal employment units".

The law stipulates that workers without business licenses or those who have not been registered and filed in accordance with the law or those who have been revoked or revoked or filed for registration shall be injured or injured or injured by child labor.

The illegal employment unit must pay the cost and one-time compensation to the disabled relatives, the disabled relatives, the disabled children or the near relatives of the dead children.

The cost of living before treatment is determined according to the average monthly wage of the workers in the whole district. The expenses of medical expenses, nursing expenses, meals allowance during hospitalization and the required pportation expenses are determined according to the standards and scope stipulated in the regulations on industrial injury insurance.

The lump sum compensation shall be paid in accordance with the difference of the disability grade and the standard of the annual average annual wages of the workers in the industrial injury insurance co ordinating area where the unit is located is 1 to 16 times.

The Taicang company you are serving has not yet been registered. Labor disputes arise during this period. You may bring arbitration to the respondent with the son of Lao Zhao or the company it started. If you find other promoters, you may apply for additional parties during arbitration or litigation.