Research On Compensation For Workers' Industrial Injury In Subcontract Works

Construction play an important role in today's society,and related contract disputes and accidents frequently occur.At the same time,subcontracting relations are common in construction.Inevitably,personal injury will also occur in subcontracted projects.Due to the lack of legal supervision,workers in this situation are often unable to obtain work-related injury compensation and cannot protect their own interests.Subcontracting of series of projects,through the analysis of the case of damage,this paper studies the determination of the relationship of subcontracting engineering in China and the different compensation methods,and puts forward a direction for the legislation of China.The first part of this paper mainly states the basic case,and summarizes the two controversial focal points of the case.The second part focuses on the controversy of this case.First,through the analysis of definition,legal origin,legislative system and legislative purpose,this article distinguish the contract of undertaking and construction contract.?Contract of professional undertaking?between Xiong and Sichuan construction labor services co.,LTD is actually a subcontract.Through the analysis of the form elements and essential elements of the establishment of labor relations,it concludes that there is no labor relationship between Li and Sichuan labor service co.,LTD.Secondly,according to the definition,different compensation basis and legal provisions,it is concluded that Li should ask Sichuan labor service company to assume the responsibility of compensation for work-related injury.In the third part,the first case has analysed the behaviors of circumventing legal provisions.Secondly,some corresponding proposals for dealing with such disputes have been put forward for the legislative defects of illegal subcontracting.