论文部分内容阅读
【案例】季某在某棉纺织厂工作时受伤,后来申请工伤认定。劳保局以工伤认定申请不符合受理条件为由,决定不予受理。季某申请复议,当地人民政府作出维持劳保局作出的工伤认定决定。【评析】劳动关系基于劳动合同所产生,在双方未订立劳动合同的情况下,其主要实体符合法律规定的劳动关系即可确认为事实劳动关系。
[Case] Qimou injured in a cotton mill work, and later apply for work-related injuries identified. Bureau of Labor Insurance to determine the application does not meet the conditions of acceptance, decided not to be accepted. Ji quarter to apply for reconsideration, the local people’s government made to maintain the decision of the Labor Insurance Bureau to make a work-related injury. 【Comment】 Labor relations are based on labor contracts. When the two parties have not concluded labor contracts, their main entities conform to the labor relations stipulated by law and can be confirmed as factual labor relations.