Accident On The Way To Work Is Industrial Injury.

On the eve of graduation, Yao signed a trial contract in a company. Unexpectedly, Yao was hit by a car on the way to work. Does Yao have any labor relations with his company? Is Yao's condition a work-related injury? Recently, the Xinjiang Changji people's Court concluded the case and decided that Yao had a labor relationship with a company.

Yao, who is 24 years old, is a project cost accounting clerk of a company. In June 2015, Yao signed a labor contract with a company during the probation period.

In the contract, the two parties agreed that Yao was working on the project cost accounting staff in accordance with the arrangement of a company, and the probation period was 3 months, and the formal labor contract was signed after the probation period.

In July 7, 2015, when Yao went to work near the unit gate, he had a traffic accident. Yao wanted to apply for a work injury identification to the labor department.

However, a company does not recognize the labor relationship with Yao, so Yao has to file a lawsuit against the court, demanding to confirm that there is a labor relationship between himself and a company.

"Although I have not formally graduated yet, in March 2015, I gave the company a recommendation letter, which clearly expressed the desire to join the company."

Yao said, later, the company informed him to come.

After the interview, the company signed a probationary labor contract with him and signed a labor contract through a 3 month probation period.

The company arranges his post according to the situation of ordinary recruits and stipulate salary remuneration.

Therefore, there is labor relationship with the unit.

A company believes that the contract signed by the company and Yao is not a labor contract but a probationary probation contract. At the same time, Yao's identity is a college student who has been studying at school. He has not yet finished his graduation.

According to the twelfth provision of the Ministry of labor on the implementation of the "labor law of the People's Republic of China", it is stipulated that "students who work part-time in their spare time do not regard employment as a job and have not established labor relations, but they can not sign labor contracts."

Therefore, Yao does not have the qualification of laborers, and the two sides have not established labor relations.

The court held that Yao and a company signed a probationary period of employment contract has reached the age of 23 years old, has a complete civil capacity and labor capacity of natural persons, also has the legal workers of the main qualification, according to a company, according to the original labor department "on implementation of the implementation of the" People's Republic of China labor law "opinions on a number of issues, the twelfth provision:" students use spare time work study, do not consider employment, no labor relationship, can not sign a labor contract. "

The court held that the provision should refer to the situation where students are not employed for the purpose of making use of their spare time in their studies to subsidize tuition and living expenses.

In this case, Yao is giving the defendant unit.

China has clearly expressed its employment desire to join a company. The two sides have signed a probationary employment contract, and Yao must abide by the attendance system of the defendant unit. This is not the case of using part-time time to work and study. For a company, it argues that the relationship between the two sides is interdisciplinary. The court considers that internship is for learning purposes, and to participate in social practice such as organs, enterprises and institutions. There is no wage, there is no employment contract signed between the intern and the unit, the position, the remuneration and the rights and obligations of both sides.

In the light of the corresponding evidence submitted by both parties and the facts found in the trial, the court decided that there was a labor relationship between Yao and a company.

"Protection, injury during the probationary period" shall be identified according to the regulations on work-related injury insurance and enjoy the corresponding industrial injury treatment.