Brief facts of the case
After Mr. Wu signed a labor contract with Company A and joined the company, he found that although he was wearing the work clothes of Company A, using the company's number plate, and abiding by the rules and regulations of Company A, under the management of the management personnel of Company A, his salary was transferred from Company B to his bank card. A month ago, Wu was injured at work. Since neither A nor B has applied for work-related injury insurance for him, Wu wants to know whose employee he isTo whom should I claim compensation for work-related injuries?
Case analysis
Mr. Wu should claim compensation for work-related injuries from Company A.
The key to determining which company should be liable for compensation for Wu's work-related injury benefits is to confirm which company is the subject of the obligation to handle work-related injury insurance for him, that is, which company he has an employment relationship with. The confirmation of the labor relationship usually needs to be comprehensively judged from the signing of the contract, the content of the work, the daily management, etc.
From the perspective of contract signing, Wu had an employment relationship with Company A.
Article 10 of the Labor Contract Law stipulates that:
To establish a labor relationship, a written labor contract shall be concluded.
The contents of the labor contract, working conditions, place of work, labor remuneration, etc., are the result of the agreement between the employee and the employer. According to the principle of relativity of labor contracts, the rights and obligations arising from labor contracts can only bind the employees and employers involved in the signing of labor contracts. Because Mr. Wu only signed a labor contract with Company A, it was decided that Mr. Wu had no employment relationship with another unit.
From the perspective of work content and daily management, it can also be seen that Wu has an employment relationship with Company A. After the establishment of an employment relationship, the employer has the right to require the employee to work under the management and control of the employer in accordance with the provisions of the labor contract, which is the basic feature of the employment relationship. Judging from Wu's work, he worked under the management of the staff of Company A in accordance with the provisions of the labor contract, and must abide by the rules and regulations of Company A, which determined that he had a relationship with Company A between management and management, domination and domination. Under such a premise, Wu's salary and payroll subject have nothing to do with labor relations.
*: China Labor and Social Security News.
Shaanxi People's Society.