Case Study (19): Who should cover their work-related injury insurance?
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This post was last edited by slll611 on 2016-4-5 21:32. Case: After finishing junior high school, Xiao Cao, who had just turned 18, went to an auto repair shop in the county town to learn the trade. After three years of training, Xiao Cao plans to return to his hometown to open a store. During his apprenticeship fixing cars, Xiao Cao’s finger was crushed and left him disabled. The owner of the car repair shop, relying on his status as an ‘independent contractor’ and claiming no labor relationship with the shop, failed to enroll Xiao Cao in work-related injury insurance. He offered no explanation for Xiao Cao’s disability, and moreover demanded that Xiao Cao’s father pay ‘training fees’ on his behalf. Yuan Fang, who do you think should pay?
There is an actual labor relationship; it’s provided by the boss
Although it was an apprenticeship, a de facto labor relationship was established, which constitutes an occupational injury and should be covered by the auto repair shop.
Although Xiao Cao is an apprentice, a de facto labor relationship has been established; this constitutes an occupational injury, and the repair shop should bear the costs.
The owner of the car repair shop, under the pretense of being an independent contractor and lacking any employment relationship with the shop, failed to enroll Xiao Cao in work-related injury insurance. This is a violation; support Xiao Cao. From the car repair shop
A genuine labor relationship has been established; it should be the auto repair shop that covers this
Without a doubt, it’s from the car repair shop.