Employees Do Not Have To Bear Responsibility For Bumping Into Units On Their Way To Work.

Chen is a member of a company in Ji'nan, riding a motorcycle to work on weekdays.

Last year, 7, 8, Chen went to work on a motorcycle and ran away after a collision. Chen was held responsible for the accident.

Chen and his company in a local court, requiring two defendants to assume

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The court held that the eighth interpretation of the Supreme Court's interpretation of several issues concerning the application of laws in cases of personal injury compensation stipulates: "the legal representative, responsible person and staff member of a legal person or other organization, who has done harm to the execution of his duties, shall, according to"

The provisions of the 121st article shall bear civil liability by the legal person or other organization.

If the above personnel do harm to a person who has nothing to do with his duties, he shall be liable for compensation by the perpetrator. "

The activities carried out by workers on the way to work are only preparations for carrying out their duties.

If a worker causes a traffic accident on his way to work, he or she shall not be liable for joint and several liability.

In the end, the court decided that a company should not be liable for compensation but was compensated separately by Lee.

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Since May 2014, Zhang has gone to work in a lumber mill, with a monthly salary of about 3000 yuan, and the two sides have not signed a written labor contract.

On the evening of January 21, 2015, when Zhang was working, his left forearm and hand were involved in the machine, and he was sent to hospital for treatment.

After the two sides failed to negotiate due to work-related injuries, Zhang submitted an application to the local labor and personnel dispute arbitration commission, requesting to confirm that there was a labor relationship between himself and the board factory.

Plate factory argues that Zhang is a temporary employee who is short of manpower at the plank factory, and there is no labor relationship with the board factory. His injuries should be dealt with according to the general personal injury compensation.

According to the trial of the Arbitration Commission, the labor contract law clearly stipulates that the employer will establish labor relations with the laborers from the date of their employment.

In establishing labor relations, a written labor contract shall be concluded.

In this case, although the timber factory did not enter into written labor contracts with Zhang, however, according to the first provision on the confirmation of labor relations related matters (No. [2005]12 of Labor Department), the employer has not signed a written labor contract for employing workers, but the labor relations have been established at the same time.

(1) employing units and workers are subject to the qualifications stipulated by laws and regulations; (two) all labor rules and regulations formulated by the employing units according to law shall be applicable to the labor management of the laborers, the employed laborers, and the remunerated labor arranged by the employing units; (three) the labor provided by the laborers is part of the business of the employing units.

According to the above legal provisions, Zhang and the plank factory are both legally qualified, and Zhang is working in the board factory. The labor provided is part of the plate mill's business. He accepts the labor management of the plank mill and pays the labor remuneration by the plank factory on a monthly basis. The two sides have already formed a factual labor relationship.

Finally, the Arbitration Commission ruled that there was labor relationship between Zhang and the board factory.