An employment contract is a legal document that establishes the labor relationship between an employee and an employer, and is an important basis for an employee to protect his or her legitimate rights and interests. The employment contract signed between the employer and the employee is legally binding on both parties. In order to reduce their own responsibilities, some employers stipulate in the labor contract that the employee shall be "responsible for the work-related accidents", does such an agreement have legal effect?Can the employer be exempted from liability in the event of a work-related accident?
The principle of no-fault liability for work-related injuries means that accidents and injuries suffered by employees during working hours and in the workplace due to work-related reasons should be recognized as work-related injuries, unless they are caused by an employee's intentional crime, drunkenness or drug abuse, suicide or self-injury. Although the liability for work-related injury compensation is called compensation liability, in essence, the employer needs to bear the liability for compensation even if it is not at fault for the occurrence of the damage caused by the work-related accident. That is, regardless of whether the liability for the work-related accident is attributable to the employer, the individual employee or a third party, the employer shall bear the insurance liability. After an employee has a work-related accident, the employer shall submit an application for work-related injury recognition to the social insurance administrative department within 30 days after the accident occurs. If the employer fails to submit an application for work-related injury determination within the prescribed time, the employer shall bear the expenses incurred during this period in accordance with the work-related injury insurance regulations. If the employer fails to pay work-related injury insurance for the employee, all work-related injury insurance benefits shall also be borne by the employer.
Therefore, work-related injury liability is a legal obligation with the nature of social security that should be borne by the employer based on the special identity relationship between the employer and the employee, and it is an obligation that the employer cannot transfer. Even if the employer intends to transfer its social responsibilities to others through contract clauses, the clauses are invalid because they violate the mandatory provisions of the law.