Article 41 of People's Republic of China (PRC) Social Insurance Law? If the employer fails to pay the work-related injury insurance premium according to law and an industrial accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall pay in advance from the industrial injury insurance fund.
There is no labor relationship between the employer and the workers recruited by organizations or natural persons who do not have the qualification of employment subject.
Taking the responsibility of the employer and forming labor relations are two different legal concepts. Taking the responsibility of the employer does not mean forming a labor relationship. Workers do not accept the management, command and supervision of the employer, and the employer does not pay wages to the workers, which does not conform to the basic characteristics of labor relations.
According to Article 94 of the Labor Contract Law, "If individual contractors recruit laborers in violation of the provisions of this Law and cause damage to laborers, the contractors and individual contractors shall be jointly and severally liable for compensation."
And the second paragraph of Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that "if a worker suffers personal injury due to production safety accidents in employment activities, the employer and subcontractor know or should know that the employer who accepts the contract or subcontracting business does not have the corresponding qualifications or conditions for safe production, they shall be jointly liable for compensation with the employer." The provisions of the contract, the employer shall be jointly and severally liable with the individual contractor.