Should the company pay for the fall if it didn't sign the labor contract on the first day of work?

In recent years, similar cases and judgments are common. "Probation period", "probation period" and "no established labor relations" and "no formal employment" are not excuses to avoid the liability for compensation for work-related injuries. It is suggested that employers buy employer liability insurance in the "social security gap period" to spread employment risks.

Did not sign the labor contract, fell on the first day of work, should the company compensate? This is a real case that happened in Xiangyin, Hunan not long ago. In the end, the Xiangyin court ruled that the company compensated the employees who fell from the building for more than 65,438+10,000 yuan.

In this labor dispute case, has the employer been wronged?

The reporter's investigation found that in recent years, similar cases and judgments are not uncommon. On the whole, under the principle of "inclined protection", China's labor law tends to protect the interests of vulnerable workers and give consideration to the interests of employers.

On the first day of work, he fell into a level 8 disability.

It happened on June 9, 20021year. Lao Yang was invited to a local construction company to engage in mold assembly. He agreed with the company in advance that his salary would be paid by the day. Unexpectedly, on the first day of work, my foot slipped during construction and I accidentally fell and hurt my right hand. After the work-related injury, the injury constitutes an eight-level disability.

Lao Yang felt very unfortunate that his right hand was disabled. After the incident, Lao Yang communicated with the company about compensation, but no agreement was reached. After applying to the Arbitration Commission for labor arbitration, the Arbitration Commission ruled that the company should compensate Lao Yang 107498 yuan. Lao Yang refused to accept the verdict and appealed to the court.

The Xiangyin court held that the employer has established labor relations with the workers since the date of employment. Although Lao Yang has not signed a written labor contract, it does not affect the determination of labor relations between the two parties.

Regarding the confirmation of various compensation standards for work-related injuries, the court held that since Lao Yang was a temporary worker and was injured on his first day at work, he could not prove his average salary 12 months before the injury. Therefore, the Arbitration Commission uses the company's industrial injury insurance base of 493 1 yuan as Yang's salary to calculate the amount of industrial injury compensation, which is in line with relevant regulations and should be recognized.

The court finally ruled that the company paid Lao Yang 65,438 yuan+007,498 yuan for work-related injury treatment. The reporter learned that the judgment has come into effect and the company has paid all the money to Lao Yang.

"If an accident occurs at the workplace during working hours, it shall be recognized as a work-related injury and enjoy work-related injury treatment according to law." The investigating judge said.

Similar cases and judgments are not uncommon.

The reporter's investigation found that in the face of the unfortunate experience of workers like Lao Yang, the courts often give priority protection to workers according to law on the premise of implementing the principle of fairness and justice.

The same thing happened in Hunan, and it was my first day at work. Liu, who is engaged in the installation of exterior wall lamps in Tianxin District, Changsha, accidentally fell from a height and was injured at work, and was identified as a grade 9 disability.

The company believes that on Liu's first day at work, the two parties did not sign a labor contract and could not buy work-related injury insurance. There is no labor relationship between Liu and Liu. However, the court held that the company, as an employer, is legally obliged to pay work-related injury insurance for employees. Although Liu only works for one day, it does not affect the determination of labor relations between the two sides. In the end, it was judged that the company compensated Liu for 6.5438+0.8 million yuan.

Even if there was an accident on the first day of work, it was a work-related injury. 20 17, Xiao Chen successfully applied for an electronics factory in Kunshan. There was a traffic accident on the way to the factory to report.

Electronics factory believes that on the day of the accident, Xiao Chen did not go to the factory to go through the entry formalities and did not sign a labor contract. Since the two sides have not established labor relations, there is naturally no work-related injury. The company didn't refuse to pay work-related injury insurance for Xiao Chen, but because he didn't report for duty and the two sides haven't established a labor relationship, the factory has no obligation to help him pay.

However, the court finally concluded that Xiao Chen was injured because the electronics factory failed to pay social security for Xiao Chen, and the corresponding industrial injury insurance benefits should be paid by the electronics factory. In the end, the factory was awarded compensation of Xiao Chen 1 1 ten thousand yuan.

If you leave your job on the first day and die on the way home, is it a work-related injury? The answer is: yes. The same thing happened on 20 17: Wang and Yue signed a labor contract and were sent to work in another company. On the first day of employment, Wang offered to resign and went through the resignation procedures. Unexpectedly, in the afternoon, Wang was knocked down by a truck riding an electric bicycle and died on the same day after being rescued.

Wang was recognized as a work-related injury by the human society department. The two companies refused to accept the appeal. The court held that the handover work completed on the day of employees' resignation is also an integral part of their work, and their behavior of leaving home should be regarded as getting off work. Moreover, the employee's resignation to the employer does not mean the termination of the labor relationship with the employer.

Paying social security for employees in time is the key.

"There are two common disputes in these cases: one is the establishment of labor relations between the two parties, and the other is the confirmation of various compensation standards for work-related injuries." Lv Shuai, a lawyer of Hunan Tiandiren Law Firm, analyzed.

Lv Shuai told reporters that no matter whether the laborer is "the first day at work" or "not becoming a regular worker", as long as it meets the characteristics of establishing labor relations, the labor relations between them have been established since the laborer provided labor for the employer.

In practice, some enterprises will set training period, probation period and post probation period for new employees in order to get to know each other and choose. However, there are also non-compliant enterprises that shirk the legal responsibility of labor and employment and do not pay social insurance. Once an employee suffers from work-related injuries during this period, the enterprise tries to evade the responsibility of compensation for work-related injuries on the grounds of "no established labor relations" and "no formal employment". "In fact, the impact of the probation period on workers is only manifested in the termination of labor contracts and wages, and has no effect on the treatment of work-related injuries."

In addition, many enterprises will choose to pay social security after their employees become regular employees, or join the company in the same month and apply for social security registration next month. Lv Shuai believes that this practice can not only save a lot of money for enterprises, but also bring unpredictable consequences.

"The Social Insurance Law stipulates that the employing unit shall handle social insurance registration for employees within 30 days from the date of employment. It is obviously illegal to pay social security after turning positive; Starting work in the same month and running social security next month does not seem to violate the statutory time limit, but as we all know, the 30-day period is the longest grace period given to the employer by law, not the exemption period for not paying social security. " A real case is cited: June 5438 +2020 10, a company in Shanghai urgently recruited operator Li because of the tight construction period. Li officially joined the company after completing the formalities that night, but died suddenly after working for two hours. Afterwards, the family asked the company to give a one-time compensation of 6.5438+0.4 million yuan.

"This is a typical event that reflects the' social security gap'." Lv Shuai suggested that in the "social security gap period", enterprises can purchase employer liability insurance to spread risks. At the same time, he reminded workers that if the employer fails to pay work-related injury insurance according to law and refuses to pay work-related injury insurance benefits on the grounds of disputes between the two parties, the workers should prepare work-related injury certificates, labor ability appraisal results, medical expenses invoices and relevant evidence to prove the fact that both parties have employment, and apply to the Labor Arbitration Commission for arbitration. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the court.