Whether The Coach Died In A Car Accident Is Controversial With The Existence Of Labor Relations In Driving Schools.

In April 2016, Cui Yue, a citizen of Zhumadian, was hired by the Aetna Driver Service Co., Ltd. to become a coach.

However, after more than a month's work, Cui Yue was killed in a car accident.

Because the driving school did not recognize the existence of labor relations with Cui Yue, their family members went on the road of legal rights in a rage.

In May 1, 2016, Cui Yue drank two of her staff and 3 trainees in the company canteen after work, and at 10 o'clock in the evening, Cui Yue drove motorcycles to two of them.

Because Cui Yue had his own fault, he did not have the elements to apply for work-related injuries, so his family did not ask the company for such a request.

After the funeral, Cui Yue's wife, Lining, found the head of Antai Driver Service Co., Ltd., hoping that the company could pay for her husband's social insurance and compensate for some losses.

Cui Yue did not sign with his company before he died.

The head of the company did not recognize the existence of labor relations between the two sides, thus rejected Lining's request.

Lining was very unhappy about this and filed an arbitration with the Zhumadian labor and personnel dispute arbitration committee on 27 May 2016.

The Arbitration Commission made an arbitral award of [2016]130 in August 15, 2016, ruling that: 1. Cui Yue has a factual labor relationship with Antai driver service company from April 2016 to May 1, 2016; and 2. aetai pilot Service Co., Ltd. pays Cui Yue's pension and medical insurance premiums from April 2016 to May 1, 2016 (excluding personal payment, and the specific amount is calculated by the agency).

Because the arbitration agency did not satisfy Lining's request that he should pay double wages without signing the labor contract, he filed a civil action in the court of Zhumadian City District during the statutory period.

Recently, the court of Yicheng city carried out a public hearing of the case.

The agent of the Aetna driver service company argued in court that after the accident, the company spent 50 thousand yuan on the rescue and funeral expenses of Cui Yue. Even if the court decided that the plaintiff's claim for paying the insurance should be established, the cost should be deducted, and the company should not pay any more to the plaintiff.

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After the trial, the court held that the labor relations between employers and workers must be set up in the following three situations: (1) employers and workers comply with the main qualifications stipulated by laws and regulations; (two) the labor regulations set by the employers according to law are applicable to the labor management of the workers, the labor management of the employing units, and the remuneration work arranged by the employing units; (three) the labor provided by the workers is an integral part of the business of the employing units.

In this case, Cui Yue and Antai pilot Service Co., Ltd. are in line with the law.

The main body qualification is stipulated, so the labor relationship between the two sides is established.

Whether or not the An Tai driver service company will pay double wages for signing a labor contract with Cui Yue, because Cui Yue only works for one month in the company, the request has no factual basis and will not be supported.

According to the seventy-second provision of the labor law, employers and workers should participate in social insurance in accordance with the law. The Aetna Corp has not committed illegal activities to pay for pension insurance or medical insurance for Cui Yue. However, because Cui Yue has died and has no basis and possibility to make social insurance payment, it will not support Lining's request.

In addition, economic compensation is a kind of compensation that the law stipulates for the temporary unemployment of workers after the termination of labor relations between laborers and employers. Cui Yue is a case of death due to a traffic accident and does not belong to the employer's unit which should pay economic compensation under the labor contract law, which does not support the request.

In summary, in accordance with the provisions of the first circular of the Ministry of labor and social security on the establishment of matters related to labor relations and the sixty-fourth provision of the Civil Procedure Law of the people's Republic of China, the court of Yicheng District made (2016) judgement No. 6012 of Yu 1702 early Republic of China: Cui Yue was informed of the labor relations between Zhumadian and Antai Driver Service Co., Ltd. from April 2016 to May 1, 2016.

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