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”
作者: 刘 斌 ：安徽众佳律师事务所，安徽 铜陵;
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 regulations and judicial interpre-tation have a wrong place. We hope to get the attention of the relevant departments and thinking .
文章引用: 刘 斌 (2016) 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。 争议解决， 2， 1-6. doi: 10.12677/DS.2016.21001
 劳动合同法一本通[M]. 谢良敏, 编. 第二版. 北京: 法律出版社, 2009.