What should I do if the employer does not recognize the labor relationship after the employer admits

Since the employer recognizes the work-related injury, it also means that it recognizes the fact of your employment, which is equivalent to acknowledging the employment relationship between you.

You can take the work-related injury determination agreement with the official seal and go to the labor arbitration department to apply for arbitration, and ask the employer to bear the responsibilities that the employer should bear.

Since it is impossible not to recognize the labor relationship if the work-related injury is recognized, you can go to the labor department to apply for arbitration. Acknowledging the labor relationship is actually very simple, and there must be people who know what you do in this unit.

Hello, the recognition of work-related injury shows that the employer recognizes the labor relationship, and you only need to wait for the work-related injury appraisal to be submitted, and the work-related injury fee will be issued.

Isn't it a self-contradiction to apply for labor arbitration if they all admit the work-related injury and do not recognize the labor relationship?

1. If the employer does not recognize the labor relationship after a work-related injury, it may apply for labor arbitration, and if the labor relationship is determined, the main evidence to prove the labor relationship is as follows:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

2. Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Legal analysis: The first step is to go directly to the arbitration commission of the local labor bureau to apply for confirmation of the de facto labor relationship, and you need to provide the labor arbitration application, the name and registration of the unit, and the proof of the employee's work in the unit (salary slips, passes, attendance sheets, uniforms, witness testimony, etc.), and labor arbitration does not charge fees. The second step is to go to the work-related injury identification department of the labor bureau to identify the work-related injury, whether the unit stamps it or not, as long as there is a labor relations award from the labor arbitration commission.

The third step, after the identification of work-related injuries, do the appraisal of labor ability, according to the appraisal situation and individual wages and average social wages to calculate the specific compensation standard, if the unit does not give, you can go to the labor arbitration commission to apply for work-related injury compensation, you need the labor ability appraisal, work-related injury compensation application can be. Work-related injury appraisal refers to the act of appraising the work-related injury of an employee who applies for work-related injury appraisal on the basis of the completion of his or her medical treatment or the expiration of the medical treatment period, and the labor ability appraisal committee at or above the city divided into districts to evaluate the work-related injury. The scope of work-related injury appraisal includes:

Labor ability appraisal, suspension of pay period appraisal and confirmation, nursing level appraisal, disability assistive device configuration appraisal, etc.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering from violence or other accidental injuries during working hours and in the workplace due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations stipulate shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal analysis: The handling method of the work-related injury identification certificate that is not stamped by the unit is:

If a worker applies for a work-related injury determination and the work-related injury certificate is not stamped by the employer, the worker, his close relatives or trade union organizations may, within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease, directly submit an application for work-related injury recognition to the local social insurance administrative department where the employer is located.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

In the application for determination of work-related injury, the employer initially did not admit that it was a work-related injury, and later affixed the official seal of the employer to the employer, which does not necessarily mean that the fact of work-related injury was acknowledged.

The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. There are three main legislative models for the scope of work-related injury insurance laws and international labor conventions in various countries and regions: general legislative model, enumerated legislative model and mixed legislative model.

The qualitative act of a worker who infringes on his or her person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant national regulations, it is generally confirmed by the labor administrative department.

Article 2 of the Regulations on Work-related Injury Insurance Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as "employees") of their units.

Employees of enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as employees of individual industrial and commercial households, shall have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations.

Article 4 The employer shall publicize the relevant information on the participation in work-related injury insurance in the employer.

Employers and employees shall comply with the regulations on production safety and prevention and treatment of occupational diseasesLaws and RegulationsImplement safety and health regulations and standards to prevent industrial accidents and avoid and reduce occupational disease hazards.

When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.

Article 8 The rate of work-related injury insurance premiums shall be determined in accordance with the principle of fixed income and balance of income and expenditure.

The State determines the differential rates of different industries according to the degree of work-related injury risk, and determines a number of rate grades in each industry according to the use of work-related injury insurance premiums and the incidence of work-related injuries. The industry differential rate and the rate grade within the industry shall be formulated by the social insurance administrative department, and shall be promulgated and implemented after approval. ”

The work-related injury identification materials are stamped with the official seal, indicating that the company can apply for the approval of the work-related injury determination.

Hello, stamping the official seal means that the subject of the act is the company, and whether the meaning of the act is to recognize the work-related injury is two different things. Whether it is a work-related injury or not is still judged by facts and legal provisions.

As long as the seal is stamped and meets the requirements for the determination of work-related injury, it is recognized as a work-related injury.

That's right, stamped with your official seal.

The application for determination of work-related injury is considered to be approved.

It is equivalent to admitting the fact of work-related injury.

"After a work-related injury, the employer does not recognize the employment relationship", which means that the employment contract has not been signed.

However, it does not affect the formation of a de facto employment relationship.

For evidence or proof of the formation of de facto labor relations, please refer to the following provisions of the Notice on Matters Concerning the Establishment of Labor Relations:

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

It is a labor dispute and can be resolved by applying for labor arbitration.

It is best to go through legal procedures, if it is a work-related injury, it should be counted as a work-related injury, and go through legal procedures to let the employer compensate, preferably with a contract.

After a work injury. The employer does not recognize the employment relationship. If that's the case.

You can also use your mobile phone to communicate and talk with colleagues in the unit, or let your colleagues prove that they work in the unit. And so on, these materials can prove that there is an employment relationship between yourself and the unit. can be addressed to the Ministry of Labor.

Or the relevant departments to carry out the anti. Not really. It is possible to file a lawsuit in court.

What should I do if the employer does not recognize the employment relationship after a work-related injury? If you sign a contract, the unit will not not recognize it.

Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

If the company does not recognize the labor relationship, it can apply to the local labor arbitration institution for confirmation of the labor relationship.

If the work-related injury recognition unit does not recognize the labor relationship, but only the labor relationship, you can prove the labor relationship in the following ways:

1.Provide an employment contract or labor contract to prove the existence of an employment relationship between you and the employer.

2.Provide pay slips, social security payment certificates and other documents to prove that you have received wages and social security benefits during your employment with the employer, and further prove that there is an employment relationship between you and the employer that uses the dust.

3.Provide witness testimony to prove the existence of an employment relationship between you and the employer.

If the above proof methods cannot make the work-related injury determination unit recognize the employment relationship between you and the employer, you can file a labor dispute with a labor arbitration institution or court to resolve the problem through legal channels.

The determination of work-related injury refers to the injury or illness of a worker caused by an accident or occupational disease that occurs at work, and it is necessary to identify and compensate accordingly. The work-related injury recognition unit is usually responsible for the identification and treatment of work-related injuries in accordance with relevant laws, regulations and regulations. The existence of an employment relationship is one of the important criteria for determining a work-related injury, because only when an employment relationship is established can it be recognized as a work-related injury.

If the work-related injury determination unit does not recognize the employment relationship, but only recognizes the land type of the employment relationship, then this may result in the worker not being able to obtain the corresponding work-related injury compensation.

Therefore, in the case where the work-related injury determination unit does not recognize the labor relationship but only the work relationship, the worker can provide relevant evidence, such as labor contract, salary slip, social security payment certificate, etc., to prove the existence of an employment relationship between himself and the employer, so as to obtain the opportunity to be recognized as a work-related injury. At the same time, if there is a mistake or injustice in the recognition body, workers can also appeal and protect their legitimate rights and interests through legal channels. It is recommended that workers should pay attention to their own safety and health at work, avoid work-related accidents, and understand the relevant laws, regulations and regulations to protect their legitimate rights and interests.