case
Basic case
A chemical equipment processing company in Wuxi sent its emulsion reactor to the case of Ho Mou. The two sides signed the "equipment processing agreement". The agreement stipulate: Ho Mou processing emulsion reactor for the company, drawings, materials, processing equipment provided by the company, and stipulate the responsibility of equipment cycle, product quality, salary settlement, the use of workplaces and equipment, and the insurance liability of workers. Responsibilities and accident liability. In January 2018, he contacted Li and others to come to a workshop rented by a chemical equipment processing company in Wuxi for equipment processing. He was responsible for the work arrangement, management, attendance and salary payment of Li and others. On April 7, 2018, Li fell from a height and was injured in work. On December 12, 2018, Li Mou, in the name of an employee of a chemical equipment processing company in Wuxi, applied to Binhu District human resources and Social Security Bureau for the determination of the accident as an industrial injury.
Focus of dispute
If the employer outsources its main business to a natural person who does not have the qualification of the employer, does the employer have to bear the industrial injury insurance liability for the injuries suffered by the employees recruited by the natural person in the work.
Identification results
The injury suffered by Li is in line with Article 36 of the regulations on the implementation of industrial injury insurance in Jiangsu Province. According to the first paragraph of Article 14 of the regulations on industrial injury insurance, the Bureau of human resources and social security of Binhu District issued the letter of decision on the determination of industrial injury, which identified Li's injury as industrial injury.
A chemical equipment processing company in Wuxi was not satisfied with the determination of the industrial injury and applied to the people's Court of Liangxi District, Wuxi City for administrative litigation. The people's Court of Liangxi District of Wuxi City, through the litigation procedure, holds that the work-related injury determination made by Binhu District Bureau of human resources and social security has clear facts, sufficient evidence, correct applicable laws and legal procedures, and decides to maintain it.
Analysis of the case
Regulations on the implementation of industrial injury insurance in Jiangsu Province; Article 36 of the measures stipulates that if the employer with the qualification of the employer contracts the project or operation right to the organization or natural person without the qualification of the employer, if the employee recruited by the organization or natural person has an accident injury and the employee applies for the determination of the work injury, the employer with the qualification of the employer shall bear the work injury insurance that the employer shall bear according to law For insurance liability, the administrative department of social insurance may take the employer with the qualification of the employer as the employer to make the determination of work-related injury in accordance with the regulations.
The first paragraph of Article 14 of the regulations on work related injury insurance stipulates that if an employee is injured due to an accident during working hours and in the workplace, it shall be deemed as work related injury.
In this case, according to the labor dispute arbitration committee of Binhu District of Wuxi and the people's Court of Binhu District of Wuxi, the arbitration awards and civil judgments were made respectively. There was no labor relationship between Li and a chemical equipment processing company in Wuxi, but the processing of the emulsion reactor was the main business of the company, and the company subcontracted the processing business of the emulsion reactor. The company shall be responsible for the employment injury insurance liability of Li who is employed by he, he and Li who are qualified as the main workers.