Some time ago, a reader left a private message to consult Jingke human resources, and if an employee was accidentally injured when participating in company activities or team building, is it considered a work injury? Can I ask the company to compensate me?
Today, Jingke Human Resources will use a news released by ** to explain the case. Recently, the Suzhou Taicang Municipal People's Court concluded such a similar case.
In 2022, Li, who is over 50 years old, signed a one-year labor contract with a catering company in Taicang. The contract stipulates: Mr. Li works as a waiter and provides labor services according to the actual working hours of the catering company; During the labor contract period, Mr. Li must obey the company's work arrangement.
What was not expected was that Li was injured in a frog jumping activity organized by the company, which was identified as constituting a grade 10 disability. Because the catering company was unwilling to compensate, Li sued the company to the court. After the trial, the court held that Li signed a labor contract with the catering company, and the two parties constituted a labor relationship. In this accident, the catering company bears primary responsibility for the damage suffered by Li. In the end, the court ruled that the catering company should bear 70% of the liability for Li's losses.
As soon as this matter was reported, netizens had different opinions, and some questioned the ten-level disability level; It is also said that those who did not voluntarily participate in the company were forced to voluntarily; More people criticize team building activities, and most netizens have had the experience of being forced to participate in the company's collective activities or team building activities.
As for the level of disability, it is also briefly stated that the level of disability is divided into levels 1 to 10, and the classification standards, compensation standards and insurance regulations are clearly stipulated. Level 10 disability is the lowest level, which means that the ability to perform daily activities, work and study, and social interaction are partially limited. For Grade 10 disability compensation, the compensation standard shall be the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed multiplied by 20 years and then multiplied by 10 percent.
If the employer does not pay social security, the above expenses will be borne by the enterprise. At the same time, the employer should also bear the wages and benefits during the work-related injury period and pay social security on a monthly basis; When the labor contract is terminated or dissolved, the employer shall also bear a one-time disability employment subsidy.
Therefore, even if the catering company involved signed a labor agreement with Li, and the two parties were in a labor relationship, unlike the labor relationship, the Labor Law and the Labor Contract Law could not be applied, but they still needed to bear the legal liabilities arising therefrom. On the contrary, if the above-mentioned companies and individuals have signed labor contracts and purchased social insurance for employees, then this expense can be directly reported to work-related injury insurance.
In the actual precedents of labor arbitration commissions and courts, there are many companies that have signed labor agreements or part-time agreements with employees, but they are still found to be de facto labor relations, and the benefits outweigh the losses if the terms are inappropriate.
The catering company did not sign a labor contract to purchase social insurance for work-related injury insurance, nor did the labor relationship purchase employer's liability insurance, so the final responsibility was borne by itself, fortunately it was level 10, if it was a higher level of major disability, the company's cash flow would be broken.
If your company has a lot of similar problems, you don't know how to deal with it to be legal and compliant, and you want to protect the company's rights and interests and minimize risks, please contact us for a free consultation.