Didn t sign a labor contract, injured at work, and sought help from well wishers 20

Hello. In this case, the establishment of a de facto labor relationship between you and the company Under normal circumstances, when an individual establishes a labor relationship with the unit, it should be required to conclude a labor contract, regardless of whether there is a probationary period The labor contract must be signed when you do not sign the contract, and there are two situations: one is that the company takes the initiative to sign a contract with you and you are unwilling to sign it, at this time, it is in you, and the other is that the company deliberately does not sign a contract with you, and then the fault is on the company's side, according to the provisions of the new labor law, you can be in the period of conflict between you and the company one month after you arrive at the unit That is, from June to October, and during that period, you have the right to get double your pay, and you have the right to sign a contract and pay back your insurance premiums.

It is recommended that you consult the local labor arbitration institution as soon as possible, because if there is a time limit, you should contact the labor arbitration institution as soon as possible.

In this case, you're completely in charge.

If you don't understand, you can still ask.

Remember to choose the best.

1.Have you bought social security? If you do not have social security, you cannot apply for a work-related injury. If you buy it, you can apply for a work-related injury, do a disability appraisal, and get compensation.

2.In the case of not buying social security: you should now go to the labor bureau to apply for arbitration, you can ask for a few:

1) Double wages for non-contracted labor. From May to October 24, 6 months, if you don't sign a contract for more than a month, you can ask for double, that is, you can ask for another 5 months' salary.

2) Social security compensation, according to the work-related injury treatment required by the company to pay in full, including medical expenses disability subsidy, the specific disability subsidy depends on your level. Because your lawsuit involves a work-related injury caused by a company that does not have social insurance, it is a little complicated, so it is recommended that you hire a lawyer.

Legal Analysis: Regardless of whether a written labor contract is signed, if an employee is injured due to work-related reasons, it is a work-related injury, and the employer is required to pay the employee work-related injury benefits. Employees injured at work or their close relatives may apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for recognition of work-related injuries within one year of the occurrence of work-related injuries.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

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. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

It is not possible to apply for a work-related injury determination. The premise for applying for work-related injury recognition is that both parties belong to an employment relationship. In the labor relationship, if the party providing the labor service suffers damage due to the labor service, the corresponding liability shall be borne according to the fault of both parties.

If a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear the tort liability.

Labor Law of the People's Republic of China Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of a Chi Zheng labor relationship. Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness, and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Legal analysis: An employee can first apply for labor arbitration to prove the existence of the labor relationship, and then apply for a work-related injury determination to determine that it is a work-related injury. As long as it is recognized as a work-related injury, the employee can enjoy work-related injury benefits.

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) 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 provide shall be recognized as work-related injuries.

Article 30 Hail Book Zen 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 should 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 dust injuries meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standards, they shall be paid from the 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. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

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**.