The Research On Industrial Injury Insurance Liability Cases In Illegal Subcontracting

In the case of illegal subcontracting,workers may take industrial injury relief to safeguard their legitimate rights and interests after injury.Judgements in such cases have come into effect,the people’s court dealing with such cases mainly exist three aspects of the problem,namely,illegal subcontract injured workers and contractors between the existence of labor relations,industrial injury insurance liability by who and how to define the scope of industrial injury insurance liability.Taking into account the theory of personality subordination,legislative purpose and reducing labor litigation,it should be concluded that in the case of illegal subcontracting,the injured laborer has a labor relationship with the contractor.Occupational injury insurance liability consists of three constituent elements,namely the main element,the act element and the consequence element.The contractor in the first hand of the actual builder conforms to the main elements;The contractor of the previous hand of the actual builder subcontracts part of the project or service to the actual builder who does not have the qualification of employing the main body of work,in accordance with the requirements of the act;Laborers employed by the actual constructors who are injured on the site shall meet the requirements of the consequences.The liability for industrial injury insurance in illegal subcontracting shall be borne by the contractor before the actual builder.Article 7 of the Opinions on the Implementation of the Regulations on Industrial Injury Insurance is explained by means of a purpose interpretation.The scope of liability for industrial injury insurance shall include one-time medical benefits for industrial injury and one-time employment benefits for disability.Referring to the extraterritorial experience and the need to curb illegal subcontracting,the state should make it clear from the legislative level that there is a "fictitious labor relationship" between the two parties,and that the relationship only corresponds to the liability of industrial injury insurance.The state should make it clear from the legislative level that the work injury identification department has the competence to confirm labor relations and clarify the competence of relevant departments.