Industrial Injury Insurance Accident In Labor Relations Identified

With the rapid economic development of society, China’s previous system of labour protection and workers’ compensation insurance has been a major challenge. Seeking opportunities from the challenge, explore a development road suited to China’s national conditions of occupational insurance, become the new age requirements. December20,2010revision of the State Council and the industrial injury insurance Ordinance was implemented on January1,2011, solved the old Bill appeared in the in the process of implementing some of the new issues, new developments, makes a more effective protection of the rights of workers, promote enterprise safety in production and healthy development of the economy, to maintain social stability play a positive role. However, if workers and employers labor relations is a prerequisite for occupational injury insurance accident identified. Due to the oversupply of labor market in China, many people lack the basic legal knowledge and awareness of rights, did not enter into labor contracts is widespread, as soon as the accident occurs, without a labor contract workers are often in a vulnerable position and no way to provide can prove evidence of labor relations, resulted in confirmation of its labour relations with the employer, are not going to work injury certification, legal interests are damaged. Trial practice, when workers failed to provide evidence that exists between employer and labor relations, or the employer made a clear evidence that the labor relationship does not exist between the two sides, labor relations can hardly be identified, resulting in injury cases found labor relations process more complicated. This from injuries found of defined start, analysis labor relationship found in in China injuries found in the of status, pointed out that labor relationship found is in China injuries accident compensation of Qian reset program; while, combination in China injuries insurance accident in the labor relationship found of status, focus discussion has injuries insurance accident in the labor relationship found of confirmed ownership and injuries insurance accident in the labor relationship found of judgment standard, and on perfect injuries insurance accident in the labor relationship found made has several recommendations.