Employees affected by work-related injuries, the company is still responsible for
- Details
- Category: Ningbo News
- Published: Wednesday, 19 September 2012 13:48
Source 2012-9-19 9:53:50 modern gold was quoted at
To evade the management responsibilities in order to avoid legal risks, a transport company in Ningbo even hang trickery, actually the name of the contract agreement labor contract, and finally even the staff injured would also like to push trouble. Yesterday, Zhenhai court hearing the case, the employees' rights are upheld.
● Case: no labor contract, by work-related injuries blame
The Zengmou, Anhui, 38-year-old. In November 2011 Zengmou After being introduced to a transport company in Ningbo, driving a truck transport company did not sign labor contracts with Zengmou, but signed a car contract agreement. Named contractor agreement, but actually Zengmou vehicle transport business all arranged by the company shall not be connected to the "private live. Do inquire about other colleagues are so eager to find a job Zengmou and has raised no objections. In May this year, Zengmou Freight in foot injuries, workers' compensation requirements to the company, the company said the two sides refuse their compensation contract relations. After Zhenhai court judgment the two sides to form a fact that labor relations.
● rights help to ask: do not sign a contract can still determine the labor relations
Reporter: like this only to sign the contract agreement, how to identify the parties to labor relations?
Judge: Although signed a contract agreement, but in the day-to-day work, Zengmou needs in accordance with the company to arrange the time, place of loading, and the goods to the named destination, suggesting that to accept the plaintiff units Zengmou arrangements management, the two sides have certain personal attributes in line with the characteristics of labor relations. In addition, the right to lorry operators actually completely controlled by the transport company, does not comply with the contract relationship contractor self-financing, the right of the right to operate independently characterized.
Reporter: This situation is very common in labor units, workers how to avoid risk?
Judges: some companies use contract agreement instead of the labor contract, eliminating the need for the workers social security on the surface, actually once an accident occurs, the enterprises did not apply for social security to the workers, the final pay or enterprise. In addition, workers still have to sign a formal labor contract, facilitate better safeguard their legitimate rights and interests in the event of a dispute.