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Case Study (21): Who should cover their work-related injury insurance?

2016-04-04View Original

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This post was last edited by slll611 on 2016-4-20 at 15:13. Case: An electronics company outsourced part of its operations to the qualified Da Hui Company. As a university graduate, Xiao Zhao was assigned to work at Dahui Company as part of its team, focusing on software development for a large enterprise that has contracted with Dahui Company. When he joined the company, the employer did not sign a labor contract with him, nor did it pay social insurance such as workers’ compensation for him. By the end of the year, he raised the issue of overtime pay, as well as the need to sign a labor contract and provide social insurance such as workers’ compensation. The employer refused to respond, stating that it was not an employer and had no labor relationship with Xiao Zhao; the contractor also declined to reply, claiming that it was not an employer and had no labor relationship with Xiao Zhao as well. Should it be paid by the client, by the contractor, or by Xiao Zhao himself? Yuanfang, who do you think should go?
Reply #22016-04-04
The employer pays. As a member of Da Hui Company, Xiao Zhao has an de facto labor relationship with the company; he is a person assigned by Da Hui Company, so his labor contract pertains to the employer, Da Hui Company
Reply #32016-04-04
Da Hui Company is the contractor, right? Some electronics company is the client
Reply #42016-04-04
Xiao Zhao is an employee of Dahui Company; a labor contract should be signed with him, and Dahui Company should pay social insurance for him...

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