After The "Work Injury Is Private", The Employee Regrets The Arbitration And Confirms The Fact Labor Relations.

Liu worked in the engineering team of a construction group company in Handan. The construction group company contracted the construction projects of Wuan's township garbage spanfer stations. In August 2015, Liu was introduced to the urban and rural garbage spanfer station by package leader Guo. The two sides conducted oral consultations, the applicant engaged in plastering work, the daily wage of 160 yuan. In September 27, 2015, due to the collapse of the outdoor three legs, Liu fell from the height. The contractor, Guo, sent him to the hospital for treatment. After diagnosis, Liu got a fracture of his right foot. All medical expenses are paid by Kuo Mou, a contractor.

After discharge, Liu and contractor Kuo a self consultation private settlement, Guo paid 5000 yuan compensation for Liu, the two sides agreed to sign the agreement. After that, Liu asked for a work-related injury and applied for arbitration to the labor dispute arbitration committee. He requested a verdict in accordance with the law: there was a factual labor relationship between the company and a construction group company. After trial, labor arbitration ruled that Liu had a factual labor relationship with a Construction Group Company Limited. Zhang Xuemin, lawyer of Huasheng Tongda law firm in Hebei, believes that Liu and a construction company have facts in this case. Labor relations The main facts are based on the "private" agreement between the two sides.

The legal policy basis is: "notice on the establishment of labor relations related matters" (No. 2005, No. 12 of the Ministry of labour), Fourth: "construction enterprises, mining enterprises and other employing units have contracted out the right to project management to organizations or natural persons who do not have the qualification of the employment subject, and the workers who are recruited by the group or natural persons are subject to the responsibility of the employment subject by the employer who has the qualification of the employer." In this case, Liu's injured site was contracted by a construction group company. The Construction Group Company subcontracted the project to Guo Mou, a natural person who did not possess the qualification of useful personnel. Therefore, a construction group company should bear the responsibility of employing the workers who are recruited by Guo.

" labour law "The seventy-seventh article states:" when a labor dispute arises between an employer and a laborer, the parties concerned may apply for mediation, arbitration and litigation in accordance with the law, or they can also resolve it through consultation. " The fourth provision of the labor dispute mediation and Arbitration Law stipulates: "in case of labor disputes, workers can consult with employers, or they can ask unions or third parties to negotiate with employers to reach a settlement agreement."

"It is clear that the law allows employers and workers to negotiate the settlement of industrial injury compensation. However, there is no clear law on the issue of whether the private agreements in the medical treatment period are legally valid after the workers are injured. However, if a litigant disagrees with the agreement, the court shall, according to the actual situation, combine the lawsuit with the court. The principle of equity Make a judgement with the principle of autonomy of the parties. " Zhang Xuemin lawyer said.

The lawyer suggested that the employing units such as building construction and mining enterprises must be contracted out to the organizations or natural persons with the main body of employment to reduce unnecessary trouble. In the following three cases, the private compensation agreement for work-related injury compensation is invalid or may be applied for cancellation: before the confirmation of industrial injury and the identification of labor capability, an agreement is reached on whether the work-related injury or labor capability level is recognized. There are obvious unfair and major misunderstandings, even under the circumstances of employing single fraud, coercion and taking advantage of danger, violating the real intention of workers, violating the management system of industrial injury insurance regulations for industrial accidents, and covering up illegal purposes in legal form.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.