Many employers conduct pre job training when hiring new employees. Is the labor relationship established during the pre job training period for new employees? Can injuries sustained by employees during pre job training be considered work-related injuries? Recently, the People's Court of Cangshan District, Fuzhou City, Fujian Province, concluded a labor dispute case caused by a worker's injury during pre job training. In May 2023, Tang applied for the position of waiter at a certain restaurant, but the two parties have not yet signed a written labor contract. On May 30, 2023, the restaurant took me to inspect the training venue. On June 1, 2023, I attended pre job training as scheduled and accidentally fell and injured my leg at the training venue, "Tang recalled." Afterwards, I stopped training due to my injury and ultimately did not work at this restaurant. "Should this situation be considered a work-related injury? Tang had a dispute with the person in charge of the restaurant. Subsequently, Tang applied for arbitration to the local labor dispute arbitration committee, which confirmed on January 9, 2024 that Tang had a labor relationship with a certain restaurant. Tang has not officially started working, and both parties have not signed a written labor contract yet. "The person in charge of the restaurant expressed dissatisfaction and filed a lawsuit with the Cangshan District Court within the statutory time limit. The court ruled that a certain restaurant communicated with Tang about pre job training from May 28 to 31, 2023, and arranged for Tang to inspect the training site. Tang agreed. On June 1, 2023, Tang officially received training and essentially accepted an arrangement from a certain restaurant to provide labor to him; A certain restaurant also accepts labor provided by Tang, which is related to the main business of the restaurant. Based on this, it can be concluded that both parties have reached an agreement to establish a labor relationship and have actually begun to fulfill the labor contract. The Cangshan Court ruled in the first instance that Tang had a labor relationship with a certain restaurant. A certain restaurant filed an appeal, and the Fuzhou Intermediate People's Court upheld the original verdict. One of the conditions for determining work-related injuries is that employees are injured in accidents due to work-related reasons during working hours and in the workplace. The key to this case lies in whether the pre job training period is recognized as a labor relationship. ”Judge Weng Xin of Cangshan District Court introduced that if the pre job training is arranged by the employer and directly related to the position, and the employee accepts the management of the employer, it can be determined that there is a labor relationship between the two parties. During the pre job training period, if a new employee has a factual employment relationship with the company and is injured during the training period, it can be recognized as a work-related injury. At present, the labor relationship between the two parties has been confirmed in this case, and the next step will be to determine the work-related injury and negotiate compensation matters. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:people.cn
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