Who is responsible for the foreman's injury?

1. The employer shall be responsible for the injuries of the contractor's workers. Employment relationship means that employees provide services to employers, and employers pay corresponding remuneration, forming a relationship of rights and obligations. The employment relationship is based on the contract between the employer and the employee, which can be oral or written. There is no clear stipulation on employment contract in Chinese law, but it is generally stipulated in civil law countries. Second, the relevant legal feature is 1. Its subjects are equal and have no subordinate relationship. The subjects of employment legal relations are equal legal relations, no matter the emergence, change, elimination and performance of employment legal relations, they are equal, and there is no subordinate relationship between management and being managed. 2. It is characterized by the dominant will of the parties. As a kind of employment legal relationship, its emergence, change and elimination all have traces of the parties' expression of will. It embodies the autonomy of the parties, and the national will basically does not interfere. 3, it is mainly in the field of circulation, not in the process of social labor. Third, the criteria for distinguishing labor relations from employment relations (1) The scope of the relationship subjects is different. The subject of labor relations is specific, that is, one party can only be an individual worker, and the other party must be an employer, including enterprises, individual economic organizations, private non-enterprise units, state organs, institutions, social organizations and other organizations in China. Moreover, as the main body of labor relations, workers have strict restrictions and must reach the legal working age and have the ability to work. In addition, compared with the civil service system, civil servants, institutions and social group work personnel, rural workers and active servicemen cannot become the main body of labor relations; /kloc-A worker under the age of 0/6 or a woman over the age of 55 does not constitute a labor relationship with a man over the age of 60. However, the scope of the subject of the employment relationship is wider, and the employment relationship can be formed between citizens with equal subjects and between citizens and legal persons. For example, when a construction company builds an office building, it has a verbal agreement with the owner Li to transport sand and gravel for it. Li hired driver Huang to transport gravel for the company. During road transportation, Huang drove illegally and collided with a normal car, causing heavy casualties in the car. The traffic police department determined that Huang was fully responsible for the accident. From the main point of view, in this case, both Li and Huang are natural persons, belonging to individual employment, and the employment relationship between Huang and Li is not within the scope of adjustment of the Labor Law. (2) The status of relationship subjects is different. In labor relations, employers and workers are not only equal, but also subordinate, that is, the relationship between management and being managed. Laborers are members of the employing unit and must abide by the rules and regulations of the employing unit and engage in work under the leadership and management of the employing unit. For example, Zhao was introduced by the person in charge of the enterprise and was recruited to the position of boiler worker. So far, no labor contract has been signed. One day at work, Zhao's thumb disappeared due to boiler failure. Zhao believes that although the two sides have not signed a labor contract, they have been working in the boiler post so far, and the certificate issued by Sun, the person in charge of the enterprise, is enough to prove that there is a de facto labor relationship with the enterprise and demand compensation for work-related injuries. The enterprise believes that Zhao is not a staff member of this unit and has no labor relationship with this unit. The certificate issued by Sun, the person in charge, can only prove that the defendant was injured at that time, but cannot prove that the defendant is a staff member of this unit. The court held through trial that the plaintiff Zhao was recruited as a temporary worker by the defendant, who worked as a boiler, and the defendant paid a certain amount of labor remuneration to the plaintiff, ruled that the plaintiff and the defendant formed a de facto labor contract relationship, and supported Zhao's claim for the defendant to pay compensation for work-related injuries. This case is about employing temporary workers by employers, and it is reasonable for the court to finally handle it according to labor relations. Because although the plaintiff is not a formal employee of the defendant's unit, he regularly receives remuneration from the defendant and forms a personal affiliation with the defendant, which of course constitutes a factual labor relationship. In the employment relationship, although the employee is subject to the supervision, management and domination of the employer to a certain extent, the rules and regulations of the employer are usually not binding on the employee, and the employee does not need to obey the attendance management, reward and punishment management, promotion management and salary promotion management of the employer. Laborers are relatively independent in practical work and have no subordinate relationship with each other. Because of their own limitations, people need to hire others to complete the related work, so this relationship that benefits by paying the amount is called employment relationship. For accidents at work, employers should bear certain responsibilities, and the law also stipulates that they can gain more knowledge through learning.