If you do not sign a labor contract and fall ill during work, is it a work related injury?

If you have not signed a labor contract, the employer shall pay you double your salary, make up social insurance, and pay economic compensation for the termination of the labor relationship (see Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law for details). The key point is evidence, which requires evidence that you have an employment relationship with the employer. As for the amount of time worked, the principle of "reversal of the burden of proof" can be used, and it will be issued by the employer at the time of arbitration or litigation, because everyone who works in a place should fill out an entry form.

This also proves your working hours, you also have to sign your salary, and the payroll form should also be issued by the employer, which proves your monthly income status.

Reversal of the burden of proof" is widespread in the field of labor law. Article 1 of the Law on Mediation and Arbitration of Labor Disputes, Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I), Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III), Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, and Article 2 of the Circular of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations. Wage payment vouchers, social security records, recruitment registration forms, registration forms, attendance records, etc., can all require the employer to bear the burden of proof.

If you want to fully protect your legitimate rights and interests, it is recommended that you take a look at the Labor Law, the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, so that you can know what aspects the employer has violated your rights and interests, which will benefit you for the rest of your life.

Let's take a look at the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees".

No, it belongs to illness, and sick leave must comply with the corporate holiday regulations.

Illness at work is not a work-related injury.

According to Article 7 of the Labor Contract Law, the employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.

That is, it is deemed to have signed a written employment contract, and the employment relationship actually exists. According to the Regulations on Work-related Injury Insurance, whether an illness during work can constitute a work-related injury should be based on whether the illness is related to work, and if it is an occupational disease, it will constitute a work-related injury. It depends.

Zongheng Legal Network Guizhu lawyer.

Except for occupational diseases, which are work-related injuries, the rest are not!

If you don't sign a labor contract, you can also ask for double wages!

Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!

1. Because the employer violated the law first, you can leave immediately after you leave the job in writing, and ask the employer to pay you the arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. The premise is that there is evidence to prove the labor relationship! For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).

3. Applying for labor arbitration is very simple: bring the labor arbitration application, a copy of your ID card, relevant evidence, and industrial and commercial registration information, and then go to the local arbitration commission to apply for a case! After the case is filed, you go to find a new job, and you don't delay anything!

Legal basis: Labor Contract Law:

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

1. How to compensate for work-related injuries without signing a labor contract

Clause. 1. If a labor contract has not been signed, the employee has the right to request the employer to pay double wages and economic compensation in accordance with Article 82 of the Labor Contract Law.

Clause. 2. If the employer fails to pay work-related injury insurance, all work-related injury compensation shall be borne by the unit.

Clause. 3. First of all, the unit is required to apply to the local labor and social security department for recognition of work-related injury.

Clause. 4. The medical expenses, escort fees, living expenses, etc. required for hospitalization shall be paid by the unit, and the wages and benefits during the suspension period shall remain unchanged and shall be paid by the unit on a monthly basis.

Clause. 5. After the completion of the first class, do the disability appraisal of the working ability, and propose disability compensation according to the conclusion of the disability appraisal.

Clause. 6. If the employer does not give reasonable compensation, it can apply for labor arbitration at the labor department to protect its rights and interests.

Labor Contract Law of the People's Republic of China

Article 82 [Legal Liability for Failure to Conclude a Written Labor Contract] If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

2. Whether the labor relationship requires the signing of a labor contract

A written labor contract shall be concluded for the establishment of a labor relationship.

In other words, the scope of application of the Labor Contract Law includes individual industrial and commercial households, and individual industrial and commercial households in China are required to enter into a written labor contract to establish an employment relationship with an employee.

Labor Contract Law of the People's Republic of China

Article 2: [Scope of Application]This Law applies to enterprises, individual economic organizations, private non-enterprise units, and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve, or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

As mentioned above, China's Labor Contract Law stipulates that work-related accidents are divided into two situations, one is to cause injury or disability to the employee, and the other is to cause the death of the employee. In the event of a work-related accident, compensation can be claimed according to the work-related injury insurance purchased by the employer. Legal advice is welcome.

Legal analysis: As long as there is an employment relationship with the employer and the injury is in accordance with Article 1 of the Regulations on Work-related Injury Insurance.

Ten. Article 4 and Article 15 stipulates that regardless of whether a labor contract is signed and social insurance is paid, it is a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide 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:

Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;

2) Suffering harm in the course of emergency rescue and disaster relief or other activities to safeguard national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled 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; If an employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits other than a one-time disability allowance in accordance with the relevant provisions of these Regulations.

Failure to sign an employment contract will affect the protection of work-related injuries. It is necessary to prove the existence of an employment relationship to protect the rights of work-related injuries, and the general labor contract is the most direct and powerful proof. However, the employee can prove the existence of the employment relationship and protect the work-related injury rights by signing a supplementary contract with the company or providing other evidence such as salary cards, attendance records, and witness testimony of colleagues.

According to Article 60 of the Civil Procedure Law, the evidence includes: (1) the parties' statements of Chen Tanji; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Article 18 of the Regulations on Work-related Injury Insurance stipulates that the following materials shall be submitted to submit an application for recognition of work-related injury:

1) Application Form for Determination of Work-related Injury; 2) Proof of the existence of an employment relationship with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). Article 63 of the Civil Procedure Law provides that the evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; Ziyou (8) Inquest records.

Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for work-related injury determination: (1) Application form for work-related injury determination; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

Count as a work-related injury.

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

Laborers at work bai

Occasionally, in the place, if you are injured due to work, zhi

It is a work-related injury. dao

As long as there is an intra-labor relationship between the two parties, the failure to sign a written labor contract does not affect the determination of the work-related injury, but if the employer does not recognize it, the existence of the de facto labor relationship between the two parties must be proved when protecting rights.

Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

According to the provisions of the Labor Law, if there is a de facto employment relationship, the employer is liable for compensation if the injury is sustained during the course of labor. Only if you can prove that you work in this unit, evidence and witnesses are sufficient, go to the labor bureau to apply for arbitration.

Hello, as long as you meet the conditions for work-related injury recognition, you can apply for work-related injury recognition. This is not directly related to whether or not an employment contract has been signed, but you will be asked to provide proof of the existence of a de facto employment relationship when applying for a work-related injury determination.

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application Form for Determination of Work-related Injury;

(2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

If there is a work-related injury without signing a labor contract with the unit, the unit is responsible.

If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.