Research On Compensation For Injuries And Deaths Of Laborers Under The Situation Of Illegal Subcontract

In the field of construction,illegal subcontracting and other illegal phenomena have long existed.Although illegal subcontracting is prohibited by law,the supervision of subcontracting is not in place in practice,resulting in illegal subcontracting that is still repeatedly prohibited.Due to the lack of qualifications of subcontractors and other behaviors,frequent casualties have occurred,which has seriously damaged the health and property rights of labor workers.In this regard,the Supreme People’s Court and the Ministry of Human Resources and Social Security have issued a series of regulations requiring that For the labor personnel recruited by the actual construction worker with the qualification of the employer,the illegal subcontracting unit with the qualification of the employer shall bear the liability of the employer or the liability for work injury insurance after the accident of injury or death occurs due to the work.However,there are certain conflicts between these regulations in theory and practice,leading to the time-consuming and labor-intensive ways for casualty workers and their relatives to seek work-related injury insurance relief according to these regulations,and there are many difficulties.In order to solve these problems in practice,it is necessary to more clearly define the basis of responsibility and the way of assuming responsibility after the accident of personal injury or death to laborers in the case of illegal subcontracting.The first chapter of the thesis introduces the current research status,research methods and significance of the problem;the second chapter compares the different ways of compensation for labor workers in the case of illegal subcontracting;the third chapter is about the labor compensation and relief experience The reasons for the predicament are analyzed in detail;Chapter 4 first clarifies the legal relationship between the various subjects of illegal subcontracting,and then conducts an in-depth analysis of the basis and method of assuming responsibility for labor casualties in the case of illegal subcontracting.It is believed that according to the qualifications of the responsible entities related to the illegal subcontracting,when the actual constructor has the qualifications of the employer,the actual constructor should bear the work injury insurance benefits for the casualty laborers.When the actual constructor does not have the qualification of the employer,the actual constructor should not be subject to the qualifications of the employer.The illegal subcontractor who has the qualification of the main employer shall bear the work-related injury insurance benefits for the laborers,but the actual constructor shall bear the liability for tort damages,and the illegal subcontractor shall bear joint and several liability for compensation under certain circumstances.At the same time,it is necessary to more strictly regulate subcontracting projects from the source,standardize the employment mode in subcontracting,and further improve the work-related injury relief procedures.Only in this way can the legitimate rights and interests of casualty workers be effectively protected.