There is no labor contract, no brand, nothing How to apply for work related injury

1. Employees need to collect evidence of the actual existence of labor relations, such as salary flow or work certificates of other employees of the company.

2. Other materials for applying for work-related injuries include application forms, medical records, copies of ID cards, etc.

3. Employees apply to the local labor department. That is, the labor section of the Labor Bureau.

When an individual applies for a work-related injury determination, will only the Labor Bureau of the brand and factory service accept the application without a labor contract? When an individual applies for a work-related injury determination, there is no labor contract, only the brand and factory service labor bureau will accept it, as long as the labor relationship can be determined; Notice on Matters Concerning the Establishment of Labor Relations No. 2005 No. 12 Labor and Social Security Departments (Bureaus) of Provinces, Autonomous Regions and Municipalities Directly under the Central Government: Recently, some localities have reported that some employers do not sign labor contracts when recruiting workers, and when labor disputes arise, it is difficult to determine the labor relationship between the two parties, which makes it difficult to safeguard the legitimate rights and interests of workers, which has an adverse impact on the harmony and stability of labor relations.

In order to regulate the employment behavior of employers, protect the lawful rights and interests of workers, and promote social stability, the following notice is hereby given on matters related to the establishment of labor relations between employers and workers: 1. Where an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances, the labor relationship shall be established. (1) The employer and the worker meet the entity qualifications provided for by laws and regulations; (2) The labor rules and regulations formulated by the employer in accordance with the law are applicable to the laborers, and the laborers are subject to the labor management of the employer and engage in paid labor arranged by the employer; (3) The labor provided by the worker is an integral part of the employer's business.

2. If a labor contract has not been signed with the employee, the following documents may be referred to when determining the existence of a labor relationship between the two parties: (1) Wage payment vouchers or records (employee wage payment roster) and records of payment of various social insurance premiums; (2) "Work Permit", "Service Certificate" and other documents issued by the employer to the worker that can prove the identity; (3) Recruitment records such as the "registration form" and "registration form" of the employer's recruitment 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).

3. If the employer recruits a worker in accordance with the circumstances specified in Article 1, the employer shall sign a supplementary labor contract with the employee, and the term of the labor contract shall be determined by both parties through consultation. If there is a disagreement through negotiation, either party may propose to terminate the labor relationship, but for the employee who meets the conditions for signing an indefinite-term labor contract, if the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude it. If the employer proposes to terminate the labor relationship, it shall pay the employee one month's salary for each full year of service in the employer.

4. Where an employer such as a construction or mining enterprise contracts out a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person. 5. If a dispute arises between the employee and the employer over the existence of an employment relationship, he or she may apply to the labor dispute arbitration commission with jurisdiction for arbitration. Do you understand this explanation?

Legal Analysis: The employer has not purchased work-related injury insurance without signing a contract but has a factual labor relationship. It is necessary to compensate according to the work-related injury insurance, and the specific compensation amount shall be negotiated according to the compensation amount specified in the work-related injury insurance.

Including lost work expenses, ** fees, nutrition expenses and other expenses.

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

Article 36 If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, 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 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: It is recommended to apply for work-related injury recognition first according to the process, and the compensation amount can only be finalized after waiting for the appraisal level. 1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year.

Materials to be submitted: application form for work-related injury determination (**generally have** of the Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc., if there is a disability after the ** injury is relatively stable and affects the ability to work, it shall apply for labor ability appraisal and apply to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level).

Legal basis: Article 7 of the Labor Contract Law of the People's Republic of China The establishment of a labor relationship shall be established between the employer and the employee from the date of employment. The employer shall establish a roster of employees for future reference.

Legal analysis: If you have not signed a labor contract, as long as there is a de facto labor relationship and a work-related injury occurs, you can take work-related injury insurance. If you do not have a contract, you can report the work-related injury by providing some evidence of working in the factory to prove that there is an employment relationship with the factory.

Legal basis: Article 14 of the 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) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (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 violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) Injured or whereabouts are unknown in the event of an accident due to work outside the blue cover room due to work reasons; (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 provide shall be recognized as work-related injuries.

Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work》 Article 8 To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted: the original and photocopy of the Decision on Determination of Work-related Injury; Valid diagnosis certificates, examination and test reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations on medical record management of medical institutions; The original and photocopy of the worker's resident ID card or social security card and other valid identification documents; Other materials specified by the Labor Noise Ability Appraisal Committee are bright and wise.