Exploration and Thinking on Identification of Work-related Injuries under the Shared-employee Mode

Yibo  Zhou

doi:10.54691/bcpssh.v18i.974

Authors

Yibo Zhou

DOI:

https://doi.org/10.54691/bcpssh.v18i.974

Keywords:

shared employee, work-related injury identification, foreign reference, legal regulations

Abstract

With the development of the platform economy, the sharing economy and the outbreak of the pandemic, the shared-employee mode has become more and more popular. At the same time, related issues around shared employees have gradually emerged. Therefore, we need to analyze the relevant issues arising from the prevalence of shared-employees from a legal perspective, especially the identification of work-related injuries. It is suggested that both parties make corresponding agreements to reduce conflicts.

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References

Zhao Xiuli, "Labor Relations in "Shared Employment"—Risks and Regulations, Journal of Shandong Youth University of Political Science, No. 5, September 2020, p. 102.

See: Wei Ke, "Discussion on the Legal Issues of the New Model of "Shared Employees" under the Epidemic", Journal of Wuhan Institute of Metallurgical Management, June 2020, Vol. 30, No. 2, p. 25.

Wu Yang , " Labor Law Reflections on the "Shared Employees" Model Born from the Epidemic ", Medicine and Law , Vol. 13, No. 1 , 2021, p . 53.

https://baike.baidu.com/item/%E5%B7%A5%E4%BC%A4%E8%AE%A4%E5%AE%9A/5179581?fr=aladdin, access time: 202 2.4.11.

Special Membership System: See https://www.jetro.go.jp/sc/invest/setting_up/section 4/page9.html , Accessed: 2 May 22 , 2022

Paragraph 1 of Article 3 of the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases on Work-related Injury Insurance stipulates: "When an employee establishes a labor relationship with two or more units, when a work-related accident occurs, the unit for which the employee works shall be liable for the The unit responsible for work-related injury insurance.”

Article 1 of the "Opinions of the Ministry of Labor and Social Security on Several Issues Concerning the Implementation of the Regulations on Work Injury Insurance" stipulates: "If an employee is employed in two or more employers at the same time, each employer shall pay work injury insurance premiums for the employee separately. If an employee suffers a work-related injury, the employer where the employee works when the employee is injured shall be liable for work-related injury insurance in accordance with the law.”

Article 1 of the " Opinions on Several Issues Concerning the Implementation of the Regulations on Work Injury Insurance" (Lao She Bu Han [2004] No. 256) "If an employee is employed in two or more employers at the same time, each employer shall be the employee respectively. Pay work injury insurance premiums.”