违法发包人与实际施工人的雇用者不成立劳动关系—“用工单位承担工伤保险责任”的质疑.pdf

Dispute Settlement 争议解决, 2016, 2(1), 1-6 Published Online March 2016 in Hans. /journal/ds /10.12677/ds.2016.21001 The Illegal Party Issuing Contract Can’t Establish Labor Relations with the Employer of Actual Construction Person —About “The Industrial Injury Insurance Liability Shall Be Borne by the Employer” Bin Liu Anhui Zhongjia Law Office, Tongling Anhui Received: May 4th, 2016; accepted: May 22nd, 2016; published: May 25th, 2016 Copyright ? 2016 by author and Hans Publishers Inc. This work is licensed under the Creative Commons Attribution International License (CC BY). /licenses/by/4.0/ Abstract In the cases of labor controversies and work-related injury certifications, some problems exist in the construction project contrat. Does the labor relation established between workers employed by the unqualified actual constructor—the contractor, sub-contractor and assigne—and the pre- vious actual constructor of illegal employer, illegal sub-contractor and assignee? Can the workers injured by labor be identified as work-related injuries? There exists conflict with the policy department regulations of Ministry of Labour and Social Security and judicial interpretation of the Superme People’s Count and provisions of the Contract Law and the Safety Production Law. The conflict leads to many misunderstandings in the judicial practice, so that the practice of this approach failed to unify. From the perspective of jurisprudential analysis and host law pro- visions, this aspect of the policy department regu