Case summary of whether the driver hired by the actual owner of the affiliated vehicle and the affiliated unit form a labor relationship

If the vehicle purchased by an individual is affiliated with the employing unit and operated in the name of the affiliated unit, there is a factual labor relationship between the driver and the affiliated unit; Although affiliated with the unit, it does not operate in the name of the employer, and it is not a labor relationship with the affiliated unit.

The Supreme People's Court Administrative Tribunal

Reply on whether the casualties of drivers employed by the actual owners of vehicles operated by other units at work can be regarded as work-related injuries.

[2006] Hang Ta Zi Nuo. 17

Anhui Higher People's Court:

Your hospital (2006) Wan Hang He Zi No.0004 "Request for instructions on whether the casualties of drivers employed by the actual owners of vehicles in other units can be identified as work-related injuries" has been received. After study, the reply is as follows:

If the vehicle purchased by an individual is anchored in other units and operated in the name of the anchored unit, and a factual labor relationship has been formed between the hired driver and the anchored unit, and casualties occur in the operation of the vehicle, the relevant provisions of the Labor Law and the Regulations on Work-related Injury Insurance shall be applied to identify it as a work-related injury.

Press release issued on December 3, 2007