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Anonymous users2024-02-12That's corporate responsibility, and if the company doesn't tie the contract, everything belongs to the company.
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Anonymous users2024-02-11As long as a de facto labor relationship is formed and no labor contract is signed, as long as the conditions for work-related injury recognition are met, they can still apply for work-related injury recognition and enjoy work-related injury benefits.
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.
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Anonymous users2024-02-10Legal analysis: Injuries caused by signing labor contracts can be regarded as work-related injuries. If a work-related injury occurs without signing a labor contract, if it is not possible to apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship with the employer.
Since the employee and the employer have formed a de facto labor relationship, they are also protected by China's labor laws and regulations. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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) 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.
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Anonymous users2024-02-09If the injury is not signed under the labor contract, it is considered a work-related injury if it falls under the following circumstances: the employee is injured in an accident due to work-related reasons; Accidental injuries such as violence or occupational diseases caused by the performance of work duties; If you are injured due to work-related reasons or have an accident and your whereabouts are unknown, whether it is a work-related injury has nothing to do with whether you have signed a labor contract.
Regulations on Work-related Injury Insurance
Article 17. If a worker is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of Hutichi District within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his immediate family members, or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the area where the employer is located.
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Anonymous users2024-02-08If the employee is injured without signing a labor contract, but the employer and the employee have a de facto labor relationship, and the employee has any of the following circumstances, it shall be deemed to be a work-related injury:
1. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
2. Injured in an accident during working hours and in the workplace due to work-related reasons;
3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;
4. Miscellaneous. Compensation standard for injuries of employees who have not signed a labor contract:
1. If the labor contract is not signed, according to the relevant laws and regulations, the employer has the right to pay double salary and economic compensation;
2. If the employer fails to pay 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, do the disability appraisal of the working ability, and propose the disability compensation 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.
Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
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.
According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. >>>More
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In accordance with the Labor Contract Law.
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