The Employment Contract Law Should Also Apply To Individual Employees.

Q: can workers get compensation for work-related injuries when they work for individual restaurants? [related case] Liu is a chef who has changed several restaurants since he went to work in cities a few years ago.

Later, a friend introduced the restaurant to the boss Li boss of the individual restaurant.

Last month, because he was careless during cooking, he was scalded by spattered hot oil.

After a period of treatment, the boss not only dismissed him, but also paid no medical bills.

Liu would like to know whether the employment of individual industrial and commercial households should be applied to the labor contract law and whether they can get compensation.

Answer:

It is the employment relationship between employers and workers.

Individual economic organizations, like enterprises and other private non enterprise units, also belong to employers.

The employment contract law should also apply to the employment relationship established.

If an individual business owner appears to infringe upon the rights and interests of laborers in employment, he may report to the local labor and social security supervision department.

The injury suffered by laborers in work is classified as work-related injury, and industrial injury can also be declared according to law.

If the owner of the individual restaurant did not pay for Liu.

Liu can claim compensation through labor dispute arbitration.

According to the legal provisions, the second law of the labor contract law, the enterprises, individual economic organizations and private non enterprise units in People's Republic of China (hereinafter referred to as employing units), establish labor relations with labourers, and conclude, perform, alter, rescind or terminate the labor contracts. This law is applicable.

State organs, public institutions, social organizations and workers who establish labor relations with them shall conclude, perform, alter, terminate or terminate their labor contracts in accordance with this law.

The second section of the labor security supervision Ordinance applies to the enterprises and individual industrial and commercial households (hereinafter referred to as employing units) for labor security supervision.

Labor protection supervision of employment agencies, vocational skills training institutions and vocational skills appraisal institutions shall be carried out in accordance with these regulations.

According to the regulations on industrial injury insurance, second enterprises, institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other individual industrial and commercial households (hereinafter referred to as employing units) within the territory of People's Republic of China shall participate in work-related injury insurance according to the provisions of these regulations, and pay work-related injury insurance premiums for all employees or employees of the unit (hereinafter referred to as employees).

Employees of enterprises, public institutions, social organizations, private non enterprise units, foundations, law firms, accounting firms and other organizations in People's Republic of China are entitled to enjoy industrial injury insurance benefits in accordance with the provisions of these regulations.