"Affiliated" Workers Will Be Injured Or Injured.

Case: around 17:30 on March 6, 2007, Hu had a traffic accident on his way to work.

In March 30, 2007, a car manufacturing company applied for a work-related injury for Hu. In December 13th of the same year, the Ministry of human resources and social services identified Hu as a work-related injury.

In June 10, 2008, Hu identified himself as a 8 grade disability without any nursing dependence.

In 2015, after reviewing and identifying Hu Mou, he was 6 grade disabled and had no self handicap.

After that, Hu submitted a labor dispute arbitration, requiring the automobile manufacturing company to pay the work-related injury and economic compensation. Arbitration has decided to apply for a decision not to accept the application beyond the time limit.

Hu was sued.

In the trial, the automobile manufacturing company said there was no labor relationship with Hu, but because Hu's office did not have a social security account. The company agreed with the automobile manufacturing company to pay for its employees in the name of a car manufacturing company.

The court held that Hu's work injury identification application was put forward by the automobile manufacturing company, and the industrial injury insurance premium was also paid by the automobile manufacturing company. He identified Hu as an employee of the automobile manufacturing company, and sentenced the automobile manufacturing company to pay Hu Yuan's one-time disability employment subsidy 85 thousand yuan, and to assist Hu to receive a one-off work-related injury medical grant.

Reject other requests.

An analysis of the case is to provide "affiliation" payment to other enterprises.

It is a typical case of compensation for non disabled employment subsidies.

According to the original labor department's establishment

The notice of relevant matters stipulates that when determining whether there is labor relationship between the two parties, it is only a reference factor rather than a decisive factor for workers to pay premiums.

Therefore, there are only nominal "affiliation" social security relations between the two parties, but they do not have the essential characteristics of labor relations and should not be identified as the existence of labor relations between the two sides.

Therefore, when the non enterprise personnel ask for the economic compensation from the "affiliated" enterprises on the basis of the existence of social security relations, the judicial organs generally do not support them.

However, when a non enterprise employee has a work-related injury during the "affiliated" insurance, and the "affiliated" enterprise voluntarily declared the work-related injury in the name of the employee, the corresponding legal liability should be borne.

First of all, enterprises should be able to anticipate the initiative to apply for non staff members.

The legal risks and responsibilities that the identified behavior may bring to the enterprise.

Once an enterprise agrees to declare a work-related injury for the social security "affiliated" person, it shall bear corresponding legal liability in accordance with the provisions of the state law.

Second, according to the thirty-third provision of the social insurance law, "workers should take part in work-related injury insurance, and the employer shall pay the insurance premium for work-related injury, and the worker shall not pay the insurance premium for work-related injury."

The employer of industrial injury insurance premium is the employer, and the employer in the legal sense undoubtedly refers to the Labor Party in the labor relations.

Third, when there are work-related injuries and the rights can not be guaranteed, the court is more inclined to protect the workers of the vulnerable party, so that workers injured by industrial injuries can be effectively treated through social insurance relief.

Finally, it reminds employers that they should "think twice before being asked" when they are asked to "pay" by the non enterprise personnel or outside enterprises.