If there is no labor contract and no brand, can it be considered a work related injury?

1. Whether it is a work-related injury needs to be determined according to the results of the work-related injury after the work-related injury is identified.

2. As long as there is an actual labor relationship between the employee and the unit, it can be recognized as a work-related injury if it meets the requirements of the "Regulations on Work-related Injury Insurance" for the recognition of work-related injury.

3. Employees can apply for labor arbitration for compensation.

4. In accordance with 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) Being 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) 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve 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 soldiers, and 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.

If it is a work-related injury, the work-related accident shall be declared first, and the specific compensation items and amounts can be determined according to the results of the disability appraisal and the income level of the injured person, and the individual, and then negotiated, and if no agreement can be reached, it can be resolved by litigation, and if necessary, a lawyer shall be entrusted to deal with it for you. If the labor contract has not been signed, evidence may be collected to prove the existence of the labor relationship or apply for arbitration to confirm the labor relationship.

As long as there is an employment relationship, the work-related injury can be determined, and it is recommended to go to the labor department to file a complaint against these black factories. In addition, you can file a complaint with the Labor Inspection and Enforcement Division and file a complaint with the People's Court. Since they recruit workers, they can find clues in their bank property circulation accounts, and they want to deny you, and you can't deny them if you are not their employees.

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?

1. How to apply for work-related injury if you are injured in the factory without a labor contractIdentification

1. According to the provisions of China's regulations on work-related injury insurance, if you are injured in a factory and there is no labor contract, you can provide other evidence to prove the labor relationship, such as proof of social security payment, proof of work-related injury payment and other materials to apply for work-related injury recognition.

2. Legal provisions: Regulations of the People's Republic of China on Work-related Injury Insurance

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 be subject to Wang Shen's banquet.

2. What is the evidence for determining the employment relationship?

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

(1) The employer and the worker meet the qualifications of the subject as stipulated 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 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 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).

According to the provisions of China's work-related injury insurance regulations, if you are injured in a factory and there is no labor contract, you can provide other evidence to prove the labor relationship, such as proof of social security payment, proof of work-related injury payment and other materials to apply for work-related injury recognition.

Summary. Hello dear, if the factory does not have a license and the workers do not sign a contract, then the labor rights and interests of the workers are violated. In the event of a work-related injury, workers can claim compensation from the factory or report it to the local labor inspectorate.

The factory did not have a license, did not sign a contract with the workers, did not pay the workers, had a work injury, went to the labor bureau they said.

Hello, dear, if the factory does not hold the grinding studio license and the workers do not sign the pure guess contract, then the labor rights and interests of the workers are violated. In the event of a work-related injury, workers can claim compensation from the factory or report it to the local labor supervision department.

If you want to report to the factory, you can report it to the local labor department, industry and commerce department, public security organ and other relevant departments. When making a report, you need to provide as much evidence as possible, such as the factory name, address, person in charge and other relevant information, as well as evidence materials such as filming scenes** or videos. If the worker suffers a work-related injury, it is also necessary to provide relevant evidence such as a detailed certificate of injury and a list of medical expenses.

In the process of reporting, attention should be paid to respecting the privacy and personal safety of the parties, and not to use violent means or threats and intimidation.

Legal basis: Article 3 of the Labor Law of the People's Republic of China stipulates that employers must abide by laws and regulations, respect the personal rights of employees, provide safe and healthy working conditions for employees, protect the legitimate rights and interests of employees, and undertake legal obligations such as labor insurance and social security.

Article 10 stipulates that the employer and the employee shall enter into a labor contract in writing. An employment contract is an agreement between an employer and an employee that determines the content of work, working conditions, remuneration, labor protection, working hours, rest and vacation, and other labor relations.

Summary. Legal basis: Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Hello dear, happy to answer your <>

According to your problem, the results of the analysis are as follows: Dear, if you work in a factory without signing a labor contract, the work-related injury will be borne by the factory of the unit.

Legal analysis: Dear, the compensation for work-related injuries without a labor contract is: 1. If you do not sign a labor contract, according to Article 82 of the Labor Contract Law, you have the right to request the employer to pay double wages and economic compensation.

2. If the unit fails to pay the work-related injury insurance, all the funds should be buried and borne by the unit. 3. First of all, the unit is required to apply to the local labor and social security department. 4. The medical expenses, accompanying expenses, living expenses, etc. required for hospitalization are paid by the unit, and the treatment during the suspension period remains unchanged and is paid by the unit on a monthly basis.

5. After the completion of the disability appraisal, do the disability appraisal of the working ability, and propose the disability compensation according to the disability appraisal conclusion. 6. If the employer does not give reasonable compensation, you can go to the labor department to sue and protect your rights.

Legal basis: Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall be subject to medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. If the injured employee goes to the medical institution that has signed the service agreement to carry out the work-related injury, the expenses shall be paid from the work-related injury insurance** if the provisions are met.

Summary. Hello, I am happy to answer your question of how to compensate for work-related injuries without signing a labor contract in the factory; If a work-related injury occurs without signing a labor contract, the injured employee may still claim work-related injury benefits in accordance with the provisions of the Regulations on Work-related Injury Insurance. If the employer does not pay work-related injury insurance for the employee, the employer shall bear or compensate for all the work-related injury benefits.

The compensation method is as follows: 1. If you have not signed a labor contract, you have the right to request the employer to pay double salary and economic compensation according to Article 82 of the Labor Contract Law; 2. If the employer fails to pay the work-related injury insurance, all work-related injury compensation shall be borne by the unit. 3. First of all, the unit is required to apply to the local labor and social security department for work-related injury identification.

4. The medical expenses, accompanying expenses, living expenses, etc. required for hospitalization are paid by the unit, and the wages and benefits during the suspension period remain unchanged and are paid by the unit on a monthly basis. 5. After the completion of the re-evaluation, the disability appraisal of the working ability shall be done, and the disability compensation shall be proposed according to the conclusion of the disability appraisal. 6. If the unit does not give reasonable compensation, it can sue the labor arbitration office of the Ministry of Labor to protect its rights.

Hello, I am happy to answer your question of how to compensate for work-related injuries without signing a labor contract in the factory; If a work-related injury occurs without signing a labor contract, the injured employee may still claim work-related injury benefits in accordance with the provisions of the Regulations on Work-related Injury Insurance. If the employer does not pay work-related injury insurance for the employee, the employer shall bear or compensate for all the work-related injury benefits. The method of compensation is as follows:

1. If you have not signed a labor contract, you have the right to request the employer to pay double wages and economic compensation according to Article 82 of the Labor Contract Law; 2. If the employer fails to pay the work-related injury insurance, all work-related injury compensation shall be borne by the unit. 3. First of all, the unit is required to apply to the local labor and social security department for work-related injury identification. 4. The medical expenses, accompanying expenses, living expenses, etc. required for hospitalization are paid by the unit, and the wages and benefits during the suspension period remain unchanged and are paid by the unit on a monthly basis.

5. After the completion of the re-evaluation, the disability appraisal of the working ability shall be done, and the disability compensation shall be proposed according to the conclusion of the disability appraisal. 6. If the unit does not give reasonable compensation, it can be brought to the labor arbitration office of the Ministry of Labor to sue for rights protection.

How much can I pay for a broken middle finger?

Fractures are classified as grade 10 disability and are generally 7 months' salary.

Is the front-end a little bit of level ten?

As long as there is a fracture in the work-related injury, is it considered grade 10?

To apply for work-related injury identification, it may not constitute a level 10 depending on the **.