Workflow
岗前培训期间受伤,能否算工伤?(新闻看法)
Ren Min Ri Bao·2025-08-26 22:22

Core Points - The case involves a labor dispute regarding whether a labor relationship was established during pre-job training and if an injury sustained during this period can be classified as a work-related injury [1][2] - The court ruled that a labor relationship existed between the employee and the restaurant, as the employee was engaged in training arranged by the employer, which was directly related to the restaurant's main business [2] - The court emphasized that if the pre-job training is necessary, employer-arranged, and the employee is under the employer's management, a labor relationship can be recognized [2] Summary by Sections - Labor Relationship Establishment: The court found that communication and arrangements for pre-job training indicated a mutual agreement to establish a labor relationship, despite the absence of a formal written contract [2] - Injury Recognition: The court highlighted that injuries occurring during employer-arranged training can be recognized as work-related injuries if a factual labor relationship exists [2][3] - Next Steps: Following the confirmation of the labor relationship, the case will proceed to work injury recognition and compensation negotiations [3]