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]

Group 1 - The establishment of a labor relationship occurs from the day the employer starts using the worker, and a written labor contract must be signed within one month of employment [5][6] - Employers must verify key clauses related to personal rights when signing labor contracts to protect their legal rights [3][4] - Written labor contracts are mandatory for establishing labor relationships, while non-full-time work can have verbal agreements, but relevant documentation should be retained [7] Group 2 - Employers are required to keep the text of labor contracts for at least two years after termination or dissolution for reference [10] - Both the employer and the employee should retain a copy of the labor contract [9] - Employees are not required to return the labor contract to the employer after leaving the job [13]

Core Viewpoint - The Jiangsu Provincial High People's Court and the Provincial Department of Human Resources and Social Security have jointly released typical cases for handling labor disputes in 2024, focusing on various issues such as non-compete agreements, probation periods, parental leave, medical autonomy, labor subcontracting, resume fraud, injuries to older workers, and collective wage arrears [1] Group 1: Non-Compete Agreements - Non-compete agreements have boundaries, and the right to choose employment is protected. A case involving an employee who was required to pay a penalty for violating a non-compete clause was dismissed as the employee did not have access to trade secrets [2][3] Group 2: Probation Periods - The probation period is not a "vacuum of rights," and workers' rights are protected by law. A case where an employer terminated an employee during the probation period without valid reasons resulted in the employer being ordered to pay compensation for unlawful termination [4][5] Group 3: Parental Leave - The rights of workers to parental leave are emphasized, promoting a humane work environment. A case where an employee was wrongfully terminated for taking parental leave was ruled in favor of the employee, highlighting the legal support for parental leave rights [6][8] Group 4: Medical Autonomy - Employers must respect employees' medical autonomy. A case where an employee was dismissed for not providing a specific type of medical leave certificate was ruled unlawful, as the employer's requirements were deemed excessive [9][10] Group 5: Labor Subcontracting - The distinction between labor subcontracting agreements and actual labor relationships is clarified. A case confirmed that a worker injured while performing tasks under a subcontracting agreement was recognized as having a labor relationship with the company [11][12] Group 6: Resume Fraud - Employees must maintain integrity in job applications. A case involving an employee who falsified their resume led to the court ruling the employment contract invalid, requiring the employee to return part of their salary [13][14] Group 7: Rights of Older Workers - The rights of older workers are protected, and companies must ensure compliance with labor laws regarding their employment. A case confirmed that an older worker injured on the job is entitled to workers' compensation benefits [15][16] Group 8: Collective Wage Arrears - A collaborative approach to resolving collective wage disputes has proven effective. A case where a company owed wages to workers was resolved through a coordinated effort involving the court and local labor dispute resolution centers, resulting in the workers receiving their owed wages [17][19]

Core Viewpoint - The court ruled that a worker, Wang, had an employment relationship with a repair company despite the existence of a service agreement that classified him as a "freelancer" [1][2][3][4] Group 1: Legal Relationship - The court emphasized the principle of "fact priority" in determining the legal relationship between companies and workers in new employment forms, focusing on actual rights and obligations [2] - Although Wang signed a service agreement with a crowdsourcing company, the court found that the actual working conditions indicated an employment relationship with the repair company [2][3] Group 2: Work Conditions - Wang was subject to attendance management by the repair company, working 8 hours a day and 40 hours a week, which aligns with the legal definition of employment [2][3] - The repair company determined Wang's pay and processed payments through the crowdsourcing company, indicating a lack of autonomy in his work [1][3] Group 3: Court's Conclusion - The court concluded that Wang's working conditions and payment structure demonstrated a clear dependency and economic subordination, fulfilling the criteria for an employment relationship [3] - The court confirmed the existence of an employment relationship between Wang and the repair company for the period from May 1, 2022, to November 1, 2022 [4]

Core Viewpoint - The article discusses the recognition and management of work-related injuries, particularly in the context of construction projects and the implications for insurance coverage and legal responsibilities. Group 1: Work Injury Insurance Recognition - Work injury recognition should focus on the work-related cause, with work location and time serving as auxiliary factors. Evidence of injury during work hours, even when working from home, should not affect the recognition of work-related injuries [15][16]. - The determination of work time should consider legally defined working hours, including overtime and specific tasks assigned by the employer [15][16]. Group 2: Construction Project Insurance Management - Construction companies must manage all workers under a dynamic real-name system and report changes to the social insurance agency. Insurance benefits should be based on reported personnel [17]. - If a worker is injured but not reported in the insurance system due to the employer's failure to update records, the insurance fund may still be liable if the worker meets certain criteria [17]. Group 3: Legal Procedures for Injury Claims - Workers employed by contractors without labor qualifications must undergo injury recognition procedures to claim insurance benefits. Courts cannot recognize injuries as work-related if the recognition application is not submitted within the legal timeframe [18]. - For workers who have their identity misused, if they are recognized as injured, they can still claim insurance benefits, provided the employer has complied with insurance registration requirements [19][20]. Group 4: Causation and Claims for Death Benefits - The family of a worker who dies during the leave period due to work-related injuries must establish a causal relationship to claim death benefits. The social insurance agency is responsible for this recognition [21][23]. - If the family or employer disputes the agency's decision on the recognition of death benefits, they must provide evidence of their application to the agency [22][23].