Study On The Legal Dilemma Of Illegal Subcontract Work-related Injury Remedy

There are irregular construction modes,such as illegal subcontracting and layer upon layer subcontracting,in the process of contracting and construction of construction projects.The state strictly prohibits illegal subcontracting,but due to the relatively lagging legislation for the identification of illegal subcontracting,the administrative punishment for illegal subcontracting is not operable,and the phenomenon of illegal subcontracting is still prominent in practice,and most of the cases are that construction companies illegally subcontract their contracted projects to units or natural persons who do not have the corresponding qualifications,let them complete the contracted projects.The construction project has a high risk of construction.Due to the lack of qualifications and the difficulty in determining the subject of responsibility in illegal subcontracting,work-related injuries are frequent.For the purpose of fully respecting and protecting the rights and interests of workers,"Opinions on the implementation of the" Work Injury Insurance Regulations "issued by the Ministry of Human Resources and Social Security in 2013,the "Provisions on Several Issues Concerning the Trial of Administrative Injury Insurance Cases" of the Supreme People's Court in 2014,all provide protection for injured workers:the contracting unit illegally subcontracts the contracting business to an organization or natural person,who does not have the qualifications of the main body of employment.The workers hired by the organization or natural person are injured,the unit with the qualification of the main body of the employment shall bear the liability for work-related injury insurance to the injured worker.Based on this,workers can apply for work-related injury remedy.However,in practice,injured workers applying for work-related injury remedy are time-consuming,laborious and difficult.The article starts from the typical case of Mr.Cheng's claim for work-related injury,discuss whether there is a labor relationship between Mr.Cheng and Shanghai Construction Labor Services Co.,Ltd.,and whether the company should bear theliability for work-related injury insurance.The controversial focus of this case is summarized as follows: the qualitative labor relations of workers in illegal subcontracting and the problems of obtaining work-related injury remedy due to work injuries.The third part analyzes the relevant cases in practice and this case.It is found that the illegal subcontracting work-related injury remedy has legislative defects in the illegal subcontracting laws and regulations,and the contradictory dilemma of the workrelated injury remedy legislation in the illegal subcontracting;judicially,due to the multiple and uncertain legal bases,the relief results vary greatly,and imperfect system connection leads to the different practices for the definition of work-related injury,and the different scope of the work-related injury compensation;in the procedure,there is a dilemma of complicated work injury relief procedures and difficulty of proof for injured workers.The fourth part analyzes the causes of these dilemmas,and thinks that the main reason is that the imperfect legislation and uncertainty lead to legislative difficulties;the unclear labor relations in illegal subcontracting leads to judicial dilemmas;and the illegal subcontracting labor use leads to procedures dilemma.To solve these problems in practice,it is necessary to standardize the subcontract project management more strictly,standardize illegal subcontracting,and optimize the remedy procedures for work-related injuries,so that the legitimate rights and interests of injured workers can be fully relieved.