In the pre job training, how to identify the labor relationship when encountering traffic accidents? Can the interests of workers be protected? Recently, the People's Court of Pingyi County, Shandong Province, concluded a case of compensation dispute caused by traffic accident during pre job training. The worker filed a lawsuit with the court to confirm the existence of labor relations. The court decided in the first instance that Duan, the plaintiff who participated in the pre job training, had a labor relationship with the unit. The court of second instance upheld the verdict of first instance. On February 22, 2021, Duan went to a school in Pingyi County, Shandong Province to participate in the pre job training arranged by the school. On the second day of the training, Duan had a traffic accident on the road and was sent to Pingyi County Hospital of Traditional Chinese Medicine for treatment. After the accident, Mr. Duan and the school negotiated with each other for many times on the compensation, but failed to reach an agreement, and both parties had a big dispute on whether there was a labor relationship. The school that organized the pre job training argued that the pre job training stage did not establish a factual labor relationship with Duan, so Duan's accident losses did not fall within the scope of compensation that the school should bear. Later, Duan applied to the Labor and Personnel Dispute Arbitration Commission of Pingyi County for labor arbitration, requesting to confirm the existence of labor relations with the school according to law. On October 11, 2021, the Labor and Personnel Dispute Arbitration Commission of Pingyi County made an arbitration award and rejected Duan's arbitration request. Later, Duan refused to accept the arbitration award and appealed to Pingyi Court. After hearing the case, Pingyi Court held that, in this case, Duan participated in the training and accepted the attendance management of the school according to the arrangement of the school, and the reason for Duan's receiving the training was also to meet the requirements of engaging in the post work of the school. "Pre job training activities" constituted a part of the whole business activities of the school, so the two parties had the essential characteristics of establishing labor relations, belonging to the employment category. Although the school involved in the case argued that it did not arrange Duan to participate in the school's training, and the training was free and public welfare. Duan did not engage in labor behavior based on labor relations or identity affiliation, but the school did not provide effective evidence to prove it. According to the principle of "who claims who provides evidence", the school failed to provide evidence for its own facts, and should bear adverse consequences. Therefore, the court did not support the school's claim. The court decided according to law that there was a labor relationship between Duan and the school. Later, the school appealed against the verdict of first instance. After trial, the court of second instance finally upheld the judgment of first instance. The judge said that the focus of the dispute in this case was whether pre job training should be recognized as factual employment. Is the concept of employment limited to providing labor for employers? The state stipulates that certain posts must be trained before taking up their posts, or even to some extent before taking up their posts. How can the rights and interests of workers be protected during this period? Therefore, the meaning of employment should include not only the actual employment of the employer, but also the fact that the employer does not actually apply the labor force, but its purpose is to serve the actual application of the labor force in the future. Whether participating in pre job training should be regarded as establishing labor relations should focus on the following aspects: first, whether both parties meet the subject qualification. It mainly examines whether the employer meets the qualifications for employment, whether it has gone through the registration procedures in the industrial and commercial, civil affairs and other departments, whether it has obtained a business license or registration certificate, and whether the corresponding license is within the validity period,
Edit：sishi Responsible editor：xingyong
Source：http://rmfyb.chinacourt.org/paper/html/
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