How to sue someone else for working in a factory and being dropped?

1. What is the nature of your behavior when you work in someone else's factory?

If you are hired by this unit, you can negotiate directly with them and file a complaint with the Labor Inspection Brigade.

If someone else is hired to work in this factory, who hires you will negotiate with whom.

2. You can go directly to the court to sue. Conduct labor arbitration.

First of all, you have to understand that this kind of problem does not want to occur whether you are a victim or an employer of the manufacturer, so you can negotiate a solution or negotiate a solution, don't easily sue anyone who doesn't sue anyone, to be honest, you really take money too seriously, and your own path will get narrower and narrower.

As for solving this kind of thing, it is advisable to first prove to the labor bureau of the jurisdiction that there is a direct connection between your fall and this time in this factory. In other words, we will issue an employment contract between the manufacturer of Party A and the employment contract of you as Party B.

to prove the employment relationship between you. , and issued direct evidence to prove that there was a direct connection between the fall and the work-related injury. , through negotiation with the Labor Bureau to present evidence. If the negotiation fails, labor arbitration will be conducted through the arbitration tribunal of the labor bureau of the jurisdiction. In general, it may be a month. If it cannot be resolved through the arbitration tribunal of the jurisdiction, the pre-trial mediation shall be conducted through the court of the jurisdiction.

This situation can be negotiated and dealt with as much as possible, and if there is no big deal, there is really no need to go to court.

If you fall yourself, are you going to sue yourself?

Work-related injuries are compensated with a disability ratio.

The factory is liable for work-related injury insurance, but the factory can recover from the contractor.

If a natural person does not have the qualifications of a legal employing entity, and the factory contracts the factory to a natural person, and the worker recruited by the natural person falls off the house and breaks his leg at work, the factory shall bear the liability for work-related injury insurance in accordance with Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance (Fa Shi 2014 No. 9). However, after the factory bears the liability of work-related injury insurance, it has the right to recover from the contractor.

Supreme People's Court.

Provisions on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance

Legal Interpretation 2014 No. 9.

Article 3: Where the social insurance administrative departments designate the following units as units that bear responsibility for work-related injury insurance, the people's courts shall support them:

1) The employee establishes labor relations with two or more units, and when a work-related accident occurs, the unit for which the employee works is the unit that bears the work-related injury insurance liability;

2) If the employee dispatched by the labor dispatch unit is injured due to work during the work period of the employing unit, the dispatching unit shall be the unit that bears the liability for work-related injury insurance;

3) If the employee assigned by the unit to work in another unit is due to work, the assigned unit shall be the unit that bears the responsibility of work-related injury insurance;

4) Where an employing unit violates laws or regulations by subcontracting business to an organization or natural person that does not have the qualifications of an employing entity, and the employees hired by the organization or natural person are engaged in the contracting business due to work, the employing unit shall be the unit that bears the liability for work-related injury insurance;

5) If an individual is affiliated with another unit for external business, and the personnel employed by it are due to work, the affiliated unit shall be the unit that bears the responsibility of work-related injury insurance.

The unit that bears the liability for work-related injury insurance specified in items (4) and (5) of the preceding paragraph bears the liability for compensation or the social insurance agency has the right to recover compensation from the relevant organizations, units and individuals after paying the work-related injury insurance benefits from the work-related injury insurance**.

Since it is a hired helper, the employer must be responsible for the injury of the helper; Because the factory contracts this factory to you, the factory does not need to be responsible.

Working hours include commuting to and from work, as well as within the factory.

If the negotiation fails, the court sued according to the employment relationship to claim compensation from the factory.

Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Injuries to the Body.

Article 11 Where an employee suffers personal injury while engaging in employment, the employer shall be liable for compensation.

First of all, negotiate with the factory for compensation, and if the negotiation fails, consider taking the route of litigation.

If you are going to litigate, you have to be lenient about your relationship with the factory.

1. Labor relations. The absence of a labor contract does not necessarily mean that an employment relationship is not established, and you can consult with the local labor arbitration department. If an employment relationship is established, the work-related injury procedure will be followed.

2. Employment relationship. If an employment relationship is established, the employer shall be liable for compensation in accordance with Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Personal Injury Compensation Cases.

3. Volunteer helpers. If you are volunteering to help, according to Article 14 of the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases, the assisted worker shall be liable for compensation.

Distinguish between the employment of a bridge helper and the de facto employment relationship, and the amount of compensation is different. The specific electricity and clever words are connected to the wide air system.

Zongheng Legal Network-Shandong Qishan Law Firm-Zhao Jian Lawyer.

1. The employment relationship shall be established if the employer recruits a worker without a written labor contract, but at the same time meets the following circumstances:

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be 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 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).