Although No Written Contract Has Statutory Status, Labor Relations Are Established.

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, Zhang was in

When the left forearm and hands were involved in the machine, they were sent to the 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 argued that Zhang was temporarily employed by the board factory when he was short of manpower.

There is no labor relationship with the board plant. The injury 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, the board factory did not write with Zhang.

However, according to the first provision on the confirmation of labor relations related matters (No. [2005]12 of the Ministry of labour), the employer has not signed a written labor contract, but at the same time, the labor relationship has been established.

(1) employing units and workers comply with the main body 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, 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.

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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 on a local court, the two defendants are jointly and severally liable.

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, the responsible person and the staff of a legal person or other organization, who cause harm to the person performing his duties, shall bear civil liability by the legal person or other organization in accordance with the 121st provision of the general provisions of the civil law.

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 on the way to work by the laborers are only for the purpose of carrying out their duties, not carrying out their duties, causing damage to the workers by traffic accidents on the way to work, and shall not be jointly and severally liable by the employing units.

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