When an employee went to participate in an interview with a company, a traffic accident occurred on the way, and his body was seriously injured, and the traffic police department identified and issued a certificate of responsibility for the accident, and determined that Xiaobian was secondarily responsible for the accident. Xiaobian thought that he went to the interview according to the requirements of the company, and applied to declare the work-related injury, but was rejected by the company. (Adapted from a real local case in Jiangsu Province).
Is the injury suffered by the employee Xiaobian a work-related injury, and can the enterprise be required to bear the liability for compensation?
Let's first take a look at the legal provisions, according to Article 14 of the Regulations on Work-related Injury Insurance, "if an employee is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work, it shall be recognized as a work-related injury."
According to the first sentence of the provisions, it can be seen that the group of work-related injuries is employees, and the definition of employees is based on the existence of an employment relationship between the two parties.
The case was adjudicated and tried twice, and finally the court rejected Xiaobian's claim.
So if Xiaobian passes the interview on the day of the interview and signs a labor contract with the company, can it be recognized as a work-related injury if a traffic accident occurs on the way back?
Some people believe that although the two parties have signed a labor contract, but the employee is not actually provided with labor, according to the provisions of the "Labor Contract Law", China mainly recognizes the de facto labor relationship, and the labor contract is only a concrete supporting document, which cannot actually reflect the real establishment time of the labor relationship between the two parties, and should also be restored to the actual labor in accordance with the requirements of enterprise management, the actual provision of labor begins to calculate the labor relationship between the two parties, so although the two parties signed a labor contractHowever, because there is no employment relationship between the two parties, they do not belong to the employees referred to in the Regulations on Work-related Injury Insurance, so they should not be recognized as work-related injuries.
In the course of his practice, the author has dealt with a real case, that is, an employee had an interview on the same day, signed a labor contract, and had a traffic accident on the way home, although the company raised objections, but the employee had a labor contract in his hand, and the company could not provide evidence to prove that the employee was actually interviewing or working that day, and finally the court found that there was an employment relationship between the two parties and determined that it was a work-related injury.
This requires enterprises to legally, standardize and keep relevant records in the process of human resource management, so as to avoid losing the lawsuit due to the inability to provide evidence in the event of a dispute.