Case Study (18): Who should cover their work-related injury insurance?
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This post was last edited by slll611 on 2016-3-30 21:18. Case: Huang has worked at a deli for many years, but the deli did not sign an employment contract with her, nor did it pay her any social insurance benefits such as those for work-related injuries. Not long ago, that deli joined forces with a Peking duck restaurant. Ms. Huang requested to sign an employment contract with the Peking duck restaurant, and asked it to cover social insurances such as those for work-related injuries for her. The Peking duck restaurant replied that its relationship with Huang’s deli was one of franchise partnership. Huang has an employment relationship with the deli, and he should sign an employment contract with the deli. Huang’s work-related injury and other social insurance premiums should be paid by the deli. Recently, Huang was knocked down and injured while riding a bike to work by a truck, and the vehicle that caused the accident fled the scene. Regarding the medical expenses, both the Peking duck restaurant and the deli refused to cover them, arguing that there was no labor relationship with Mr. Huang. Yuan Fang, who do you think should pay?
In reality, it is illegal for deli shops to not sign contracts with their employees or to fail to provide them with social insurance such as workers’ compensation. Huang was knocked down and injured while riding a bike to work; this should be considered an occupational injury, and the deli is responsible
Huang was knocked down and injured while riding a bike to work; this should be considered an occupational injury, and the deli is responsible
It should be the responsibility of the deli. Because Huang has an actual labor relationship with the deli; although it is a franchise, it is still an independent economic entity that is responsible for covering the medical expenses.
Delicatessen shops are liable as follows: 1. According to Article 14, Paragraph (6) of the Regulations on Work-related Injury Insurance, if an employee suffers injuries in a traffic accident or an accident involving urban rail transit, passenger ferries, or trains while commuting to or from work (on a reasonable route from the employee’s residence to the employer’s location), and the employee is not primarily at fault for such accident, the injury shall be classified as a work-related injury. It can be seen that injuries suffered by employees should be considered work-related injuries ； In the event of a traffic accident, the medical expenses should be borne by the vehicle at fault, but if the driver flees the scene. Medical expenses are covered by work-related injury insurance. 2. There is a de facto labor relationship between Huang and the deli; Huang should be considered an employee of the deli, which should enter into a labor contract with him. In accordance with Article 4 of the Social Insurance Law, the deli was required to pay social insurances such as work-related injury insurance for Huang, but failed to do so; therefore, when Huang suffered a work-related injury, the deli must pay him the relevant compensation for that injury in accordance with the items and standards for work-related injury benefits stipulated in the Regulations on Work-Related Injury Insurance.
It constitutes a de facto labor relationship, with the employer covering the costs