The Company Can Judge If It Does Not Appear In Court.

Huang Shengyin, a migrant worker, told this reporter that he was injured in his work and that his employer was in arrears with his medical expenses.

He applied for arbitration to the local labor and personnel dispute arbitration commission.

The director of the company refused to appear in court when the arbitration took place.

"How should I talk to the company?"

In September 20, 2016, Huang Shengyin applied for an exhibition Engineering Limited company in Sichuan to work on advertising frame erection and disassembly.

Neither party signed a written labor contract nor did the unit purchase social insurance for it.

According to the company's arrangement, at 1:30 in the morning of October 27, 2016, he went to a shopping mall in Wuhou District to build an advertising rack. When he unloaded the display cabinet and exhibition rack on the car, he accidentally fell off the car and was unconscious.

After diagnosis, he was diagnosed as liver and lung injury and rib fracture.

During the treatment period, the company owner refused to pay any fees after paying 12 thousand and 500 yuan of medical expenses.

Up to now, there are 2444 yuan in arrears of medical expenses.

"The company not only defaulted on my medical expenses, but also my wages have been dragging!" Huang Shengyin, who was running around, was angry.

Last December 22nd, he dialed the mayor's hotline of Chengdu, and the relevant staff suggested that he should be identified as a work-related injury.

With the help of relevant departments in Wuhou District last December 26th, Huang Shengyin applied for confirmation to the Wuhou District labor and personnel dispute arbitration commission in accordance with the law.

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Reporters from the company in December 4th last year wrote to the relevant departments of Wuhou District, "temporary workers Huang Shengyin accident after instructions" read: first, Huang Sheng silver company temporarily hired

It is not a company's official staff; two, Huang Shengyin's injuries were caused by his barbaric operation, which did not obey the arrangements. Three, the company paid 17 thousand yuan for medical treatment, escort, life and loan.

After a month of hospitalization, the doctor said he could be discharged from hospital for rest, but he asked the company to pay 80 thousand yuan to discharge, and the company did not have so much money.

In January 18th this year, in the consultation of Wuhou District's Nan Nan police station, the company paid 2320 yuan salary of Huang Sheng Yin, and he decided to go home for the first time of the lunar new year.

At 13 in February 13th this year, the Wuhou District labor and personnel dispute arbitration committee was open to the court. Huang Shengyin and legal aid lawyers arrived on time. However, the head of a exhibition engineering company in Sichuan has been tardy.

At 16 o'clock that day, the arbitrator asked Huang Shengyin about the situation and said that the company could not be ruled out of court if it did not appear in court.

In this regard, the reporter interviewed.

Xu Qiang, a lawyer at FA Yin's law firm.

He said that as long as the Arbitration Commission delivered the written notice to the respondent in accordance with the law before the hearing, the respondent received a written notification and refused to appear in court without proper reasons, or the court of arbitration could withdraw the award without the consent of the arbitral tribunal.

In case of default, if the respondent disagrees, he may bring a lawsuit to the court within the statutory time limit.

"Only by confirming the existence of labor relations between the two sides, Huang Shengyin will be able to apply for work injury identification. Even if his unit does not buy work-related injury insurance, he will still bear the relevant industrial injury insurance costs in accordance with the law."

Xu Qiang said.

According to the regulations, employers have not signed a written labor contract, but at the same time, they have the following qualifications: the employer and the worker are in accordance with the main qualifications stipulated by laws and regulations; the labor rules and regulations formulated by the employing units according to law are applicable to the labor management of the laborers, the employing units of the laborers, the remunerated labor arranged by the employing units, and the labor provided by the workers is an integral part of the business of the employing units.

If the employer fails to sign a labor contract with the laborer, it can be considered that the labor relations between the two parties can be referred to the following credentials: Payroll vouchers or records (wages and salaries of workers' roster), payment of various social insurance premiums, certificates of identity issued by the employer to the workers, certificates of employment and so on, and recruitment records such as "registration form" and "application form" for recruitment by employees, such as recruitment records, attendance records, testimony of other workers, etc.

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