1, such as the contractor does not have the qualifications of the employer, the contracting unit that is the construction unit should be listed as the main body of the lawsuit, the main responsibility for labor.

2, according to the ministry of labor "on the establishment of labor relations related matters of the notice" regulations, construction units, mining enterprises and other employers will be contracted to the project or the right to operate the organization or natural person does not have the qualification of the main body of labor, to the organization or natural person recruited by the organization or natural person, by the contracting party with the qualification of the main body of labor, the main body of responsibility for the employment of labor.

3, first of all, to the local labor department to apply for work injury recognition, which is the premise of all the issues, do not apply for work injury recognition, can not be compensated through the work injury, if the unit does not apply for it, the individual employee must apply for one year from the date of the injury;

4, such as injuries recognized as work-related injuries, such as the stability of injuries can be applied for the ability to identify the identification of the labor, identification of the grade of work injuries, and then calculate the disability according to the disability grade. Then calculate the amount of disability compensation in accordance with the level of disability;

5, if the employer does not fulfill the above obligations, the injured employee can go to the local labor inspection brigade complaints or directly to the Labor Arbitration Commission to submit arbitration applications, to safeguard their legitimate rights and interests.

Expanded

Distinguish between labor dispatch and labor outsourcing, if the occurrence of labor risk assumption of responsibility.

When a worker finds himself or herself associated with two companies, but neither has an employment contract in hand, there may be two possibilities, labor dispatch and labor outsourcing. Workers can make a judgment based on their actual situation.

Labor dispatch, first of all, the labor dispatch unit must be a legal entity established in strict accordance with the provisions of the Labor Contract Law and obtaining administrative permission for labor dispatch, and secondly, according to the provisions of Article 58 of the Labor Contract Law: "A labor dispatch unit is an employer as referred to in this Law, and it shall carry out the obligations of the employer to the workers.

The labor contract concluded between a labor dispatch unit and a dispatched worker shall, in addition to the matters stipulated in Article 17 of this Law, set forth the employing unit of the dispatched worker, as well as the duration of the dispatch, the job position, and other circumstances."

Thus on the surface the worker will work at the dispatched unit and have to comply with various labor regulations of the employing unit, and the actual labor relationship belongs to the labor dispatching unit.

While labor outsourcing is a process whereby a contracting unit assigns part of its business or work to a contractor to complete, and the contracting unit pays the contractor the outsourcing fee according to the agreement, the subject can be an individual or a unit.

In reality, many of the contract, commission contract can be categorized as labor outsourcing. Common forms of labor outsourcing include warehousing and logistics outsourcing, outsourcing of auxiliary positions (such as security, cleaning, catering, etc.), short-term project outsourcing, human resources outsourcing, training and consulting outsourcing. In the case of labor outsourcing, the contracting unit will not directly manage the workers, and there is a labor relationship between the workers and the contracting unit.

If the risk of employment occurs, in the case of labor dispatch, both the employing unit and the labor dispatching unit may be legally liable, while in the case of labor outsourcing, the contracting unit bears the responsibility by itself.

Baidu Encyclopedia - Recognition of Work Injuries

Baidu Encyclopedia - Notice on Matters Relating to the Establishment of Labor Relationships

Baidu Encyclopedia - Law on Labor Contracts