Tardiness Certificate Helps Workers Confirm Labor Relations

In December 19, 2012, Sun Mou had a traffic accident on the way to deliver express mail, resulting in high paraplegia.

In November 19, 2013, Sun Mou applied to the Municipal Bureau of human resources and social security for the identification of work-related injuries, because the materials submitted did not meet the relevant requirements, and could not confirm the existence of labor relations with the courier company, which was not formally accepted.

In January 14, 2014, sun went to the district labor dispute arbitration committee for arbitration.

After the Arbitration Commission heard the ruling, there was a factual labor relationship between the two sides. The courier company refused to accept the case and referred it to the district court.

In the trial, the courier company argued that its business mode was to subcontract the responsible express business to the other companies or individuals according to the region, and charge the pieces according to the items. The subcontracted companies or individuals did not accept the management of the units, so they did not exist with sun.

。

In order to prove his claim, Sun Mou submitted a courier company's "tardy proof" which was issued in February 21, 2013 to help Sun Mou claim damages to the traffic accident party.

The tardiness certificate stated that: Sun Mou, a member of our unit, worked in the unit in October 31, 2012, and was hospitalized in December 19, 2012.

Sun Mou wages 3500 yuan per month during work.

The court held that the courier company failed to provide the company's business model.

To prove it, it should bear the corresponding legal consequences, and the fact that Sun Mou's courier company employees should be identified should be identified in sun's error proof.

Because the city's human resources and Social Security Bureau has not formally accepted Sun Mou's application for industrial injury, Sun Mou

The Department proposes that the application for labor arbitration is in conformity with the law.

Finally, the court decided that there was a labor relationship between the courier company and sun.

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After the expiration of the labor contract, the company will not terminate or renew the contract. If the worker is injured at work, the company will not declare any injury.

Recently, Mr. Wu, a worker, asked for help from this newspaper, hoping to safeguard his legitimate rights and interests.

According to Mr. Wu, he applied for a job in a company in the city more than 3 years ago.

Shortly after being hired, the company signed a 3 year labor contract with him and said that he would pay social security fees for him.

One day in August last year, he was hurt by the company when he was at work. He was hurt by the goods stacked in the company. The head of the company and his colleagues sent him to the hospital. The doctor diagnosed it as a fracture. After a treatment, he went home to recuperate.

During the recuperation period, the head of the company also visited him.

He wanted to ask the company to retrieve the medical records and other materials, but the person in charge said that because the medical expenses were borne by the company, the medical records and medical bills should be kept by the company. If he had any treatment later, the company would send someone to accompany him to the hospital.

Indeed, after he went to the hospital to treat foot injuries, the company sent people to his hospital with his medical record card, and the medical expenses were also borne by the company.

When his foot got better, he went back to work.

By the end of last year, his labor contract had expired, but the company did not mention renewal.

By the end of March this year, he could not help asking the company's personnel director to renew his request.

The person in charge said that the company might be closed in the second half of the year, so if employees are willing to do so, they will close the door and refuse to do so.

He also mentioned that no industrial injury has been reported so far. The personnel officer also said that the medical expenses have already been borne by the company, and what industrial injuries are reported?

Lawyer Wu Zhai of Shanghai Gong Yu law firm said that Mr. Wu's two requests to the company's personnel were legal.

One is the renewal of labor contracts.

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

Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment.

The company's so-called "closed door" has not yet occurred, and Mr. Wu's labor contract has expired at the end of last year, and there is a factual labor relationship between Mr. Wu and the company.

The right way is to terminate the labor contract with Mr. Wu at the end of last year when the contract expires, or renew the labor contract and terminate or terminate it when the company closes.

Now that we will not sign labor contracts, Mr. Wu will continue to work. The company will take risks. If Mr. Wu applies for arbitration, according to the provisions of the labor contract law, if the employer fails to conclude a written labor contract with a worker for more than a month after the date of his own employment for more than a month from the date of his own employment, he shall pay the laborer two times the monthly salary.

The two is to declare work-related injuries.

According to the provisions of the regulations on industrial injury insurance, workers are injured by accidents or are diagnosed and identified as occupational diseases according to the law of occupational disease prevention and control. The units in question shall apply for the work injury identification within 30 days from the date of accident injury or from the date of being diagnosed and identified as occupational diseases.

If an employer fails to apply for a work-related injury in accordance with the provisions of the preceding paragraph, the worker injured worker or his close relative or trade union may, within 1 years from the date of the occurrence of the accident injury or the day when he has been diagnosed or identified as occupational disease, may apply directly to the social insurance administrative department of the place where the employer is located.

In addition, the application of work-related injury identification should submit the following materials: the application form for work-related injury; the evidence for the existence of labor relations (including factual labor relations) with employers; medical diagnosis certificates or occupational disease diagnosis certificates (or occupational disease diagnosis identification books).

Now Mr. Wu's medical records are kept by the company. The company should provide Mr. Wu.

Wu lawyer also pointed out that workers were identified as industrial injury, appraisal level, also involving a one-time medical aid, disposable disability subsidies and one-time employment subsidies, and many other benefits, and not the company's personnel said that the person in charge of only the medical costs.

In fact, if the company has already paid social insurance premiums for Mr. Wu, even if he has been identified as a work-related injury, many of his expenses will also be borne by the industrial injury insurance fund.