Activist Action: Workers Are Injured By The Illegal Subcontracting Of The Project. The Company Does Not Think There Is Any Labor Relationship.

If the contractor has hired a contractor who has not received a business license, he hired a contractor to hire a worker to accidentally fall down when he installed the bottom board. If he was identified as an industrial injury, should the company be responsible for it? The Zhongshan intermediate people's court recently made a two adjudication judgment on the administrative confirmation, confirming that the administrative cognizance of industrial injury is legitimate and the contracting company should bear it.

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The court found that a construction company in Guangdong had subcontracted some of its formwork works to Zhong, but Zhongmou did not receive a business license. Zhong also hired Ge to work on the site.

At 7 o'clock in January 5, 2015, Ge fell down from a wooden frame and injured his head and left hand when he installed the base plate at the site. He was hospitalized on that day.

After discharge, Ge applied for injury identification in Zhongshan on June 2015 8.

In July 27, 2015, the Zhongshan Municipal Bureau of human resources and Social Affairs confirmed that GE was injured by the accident at work site.

In October 30, 2015, the construction company refused to accept the industrial injury and filed an administrative lawsuit against the first people's Court of Zhongshan.

The construction company said that there was no labor relationship between GE and Ge, and that the accident injury suffered by GE should not be borne by industrial injury insurance.

Ge does not comply with safety operation rules when he works, does not wear safety protection devices, and refuses to obey the direction of safety management personnel. He has great responsibilities for accidents.

The social and social Bureau identified Ge as

It's wrong.

The court held that the construction company was a legitimate employment unit. The project involved was contracted by a construction company, and then subcontracted to Zhong Mou. Zhong Mou did not receive a business license and did not have the qualification of the employer.

According to the provisions of the forty-second section and the third paragraph of the regulations on industrial injury insurance of Guangdong Province, "industrial accidents involving illegal contracting construction projects shall be borne by workers or contractors, and the subcontractors or contractors shall bear work-related injuries."

Thereafter, it has the right to recover from the employer. "

According to the regulations, the construction company with the qualification of the employer should bear the responsibility of industrial injury insurance of Ge.

Therefore, the injured person Ge injured in the work, accords with the standard of determining the work-related injury.

In addition, the Zhongshan Municipal Bureau of social and social affairs receives the application of industrial injury confirmation of Ge, and accepts it according to law, and its administrative procedure is legal.

The work injury identification made by the Bureau of human resources and social affairs is correct.

The court dismissed the claim of the construction company.

The construction company refused to accept the appeal, and the Zhongshan intermediate people's court made a two trial decision, dismissed the appeal and upheld the original judgment.

The judgement is now in force.