用工主体责任与事实劳动关系的法律思考——从一起劳动争议仲裁案件谈起

Legal Thinking about Employers’ Undertaking of Liabilities and Factual Employer-employee Relationship——From a case of arbitration about dispute over employment facts

在建筑施工领域,承包方将工程分包给不具备资质的自然人的情况普遍,而自然人又直接招用人员进行工作。在生产作业的过程中,若劳动者受到人身损害,到底应该由直接招用的自然人负责还是由发包单位负责,理论界观点不一。但在审判中却一味偏向了劳动者。文章从一则案例入手,分析承担用工主体责任与事实劳动关系的成立之间并不存在必然的联系。

It is very common in the field of building and construction that some contractors subcontract projects to natural person who does not have the necessary qualifications,and then the natural person arbitrarily employs people to work. However,it often happens that when some employers get injured at work,it is quite hard to define who should be responsible for the case,the natural person who employs the injured workers or the unity that subcontracts the projects？In the academic circle,there are different viewpoints.In practice,the verdict is usually partial to the injured employees.This article,based on an analysis of an actual case,intends to prove that there is no connection between employers’ undertaking of liabilities and the factual employer-employee relationship.