Can flexible employees claim compensation for work-related injuries during their employment?

Some flexible employees are self-employed or engaged in the new economy, and some are part-time. For example, for a part-time job or signing a contract for the purpose of completing a certain type of work, employers often don't buy social insurance for employees, but what business owners don't know is that part-time employees have labor relations with employers. Although employees can be required to purchase social insurance as flexible employees, in the event of work-related injuries or other losses, business owners may have to bear the corresponding compensation obligations.

The following two cases are used to analyze the recovery of social insurance premiums for flexible employees.

In 2006, Qi Moujun joined Xingyue Company, left in February 2008 and rejoined on April 28, 2008. The labor contract was signed by both parties only on July 20 13/day, and the agreed contract period was from July 20 1 3/day to June 20 13. After the expiration of the labor contract, Xingyue Company did not renew the labor contract due to relocation, and the labor contract relationship between Qi Moujun and Xingyue Company was terminated on May 3, 20654381.

After Qi Moujun dissolved the labor relationship with Xingyue Company, he complained to Jianghai District Social Affairs Bureau of Jiangmen City on June 14 that Xingyue Company failed to handle social insurance for him from May 20, 2006 to May 4, 2006. Because Qi Jun did not pay social insurance according to law, the court of second instance ruled that Xingyue Company paid part of the social insurance premium paid by Qi Jun as a flexible employee, totaling 9244.8 yuan. Qi Jun thinks that the social security premium paid by flexible employees is far lower than the standard of purchasing according to the actual salary of 5,000 yuan/month, so he applies for retrial according to law and requests to cancel the original judgment.

Xingyue Company failed to pay social insurance for Qi Jun in accordance with the law, which violated the obligations in Article 4 of the Social Insurance Law, and should bear the obligation to pay social insurance premiums for Qi Moujun or compensate its losses. Because Qi Moujun has paid social insurance premiums, Xingyue Company cannot pay social insurance premiums for it, and its losses are part of the social insurance premiums paid by Qi Moujun as a flexible employee, while the losses of Zhang Qi, the monarch of Qi Moujun, are the social insurance premiums and interest that Xingyue Company should pay. Because only the social insurance management institution has the right to collect social insurance premiums, other employers and laborers have no right to collect them, Qi Moujun's claim that the company's shareholders Liang and Ye should pay the social insurance premiums that Xingyue Company should pay to them is unfounded. Therefore, the retrial upheld the original judgment of the second instance and rejected Qi Moujun's claim.

If the employer fails to pay social insurance for the employee according to law, the employee may complain and report to the labor inspection department according to Article 18 of the Regulations for the Implementation of the Labor Contract Law, Article 63 and Article 84 of the Social Insurance Law;

Laborers can propose to terminate the labor contract and get economic compensation according to Article 38 of the Labor Contract Law.

After establishing a labor relationship with Chengcheng Company, Mao Jian failed to enjoy the treatment of signing a labor contract and social insurance according to law, and filed a lawsuit with the People's Court of Linwu County, Hunan Province, demanding that the company pay twice the salary for not signing a labor contract, and pay social insurance premium and overtime pay to him in proportion to the enterprise's capital contribution.

1. The duration of the labor relationship is from May, 2065438 17 to May, 2065438 10/9. Chengcheng Company claims that the two parties are in a contractual relationship, and it is not necessary to provide evidence, but should bear the consequences of providing evidence.

2. If both parties fail to sign a written labor contract, they shall pay twice the monthly salary to Mao Jian from June 20 17;

Third, although Chengcheng Company did not buy social insurance for Maojian, Maojian did not submit evidence to prove that the social insurance agency could not handle social insurance procedures for him, which made him unable to enjoy social insurance benefits and suffered losses. Therefore, Chengcheng Company does not need to pay social insurance premiums to Maojian according to the proportion of enterprise contributions.

The Higher People's Court of Hunan Province held that the employer should handle the social insurance formalities for the workers, but Chengcheng Company did not handle the social insurance formalities for Maojian. Mao Jian himself has handled the basic old-age insurance and personal basic medical insurance, and the part that should be borne by the employer and paid by Mao Jian should be returned to Mao Jian by Chengcheng Company. Other matters are the same as those in the first instance and the second instance.

First, it is confirmed that labor relations are the primary conditions for workers to claim work-related injuries and social security. The reason why employers advocate contractual relationship rather than labor relationship is that compulsory obligations such as concluding contracts, overtime pay and paying social insurance are not applicable to contractual relationship. As long as both employers and employees meet the requirements of the main body, the workers are managed by the employer and the work they are engaged in is part of the employer's business, labor relations can be established.

Second, if a written labor contract is not concluded due to the employee's reasons since the date of employment, the employer shall pay twice the salary within one year from the date of employment, that is to say, the employee and the employer shall conclude an open-ended labor contract within one year from the date of employment. When retrenching personnel, priority should be given to retaining workers without fixed-term labor contracts.

Third, the Social Insurance Law does not take punitive compensation measures for employers' failure to pay social insurance, but only undertakes the obligation to pay back and pay late fees.

Fourth, at present, medical insurance and maternity insurance have not been merged in most parts of China. It is suggested that flexible employees have purchased maternity insurance 12 months before giving birth, and maternity insurance must be paid from before giving birth to reimbursement.

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