Article 1In order to regulate the industrial administrative litigation cases, improve the quality and efficiency, according to "people's Republic of China Labor Law", "industrial injury insurance regulations" and other relevant laws and regulations, combined with the actual city, the enactment of this provision.

Article secondFor any of the following circumstances, the relevant units and individuals according to the lawsuit, the people's court injury belongs to the scope of accepting cases of administrative litigation cases:
(a) that the work-related injury application materials are complete or meet the requirements for acceptance, the administrative departments of labor security shall not be accepted without justified reasons;
(two) the administrative departments of labor security to make work-related injuries that refuses to accept the conclusion;
(three) against the injury insurance unit pay cost rate determination of agencies;
(four) any approved by the agency of the treatment of inductrial injury insurance;
(five) requires agencies to pay the approved treatment of inductrial injury insurance;
(six) medical institutions, the service agreement signed supplementary instruments that fails to perform the relevant agency orgnaization of agency of agreement or provisions;
(seven) other circumstances belong to inductrial injury of the administrative litigation law, regulations.

Article thirdEmployees work-related injuries occur after, not by the administrative department of labor security identification, employers and workers compensation agreement, a party in the legal application effectiveness
And to the administrative department of labor security for the ascertainment of work-related injuries, the administrative departments of labor security shall not be accepted, injured workers or the enterprise to the people's court shall request the administrative departments of labor security, the people's court shall support.

Article fourthHold that a specific administrative act of the administrative departments of labor security, industrial injury insurance agency and its personnel infringe upon their legitimate rights and interests and injured workers to institute administrative proceedings or their immediate family members, the unit employees, medical institutions, aids the configuration mechanism, industrial injury insurance premium units can be used as industrial administrative litigation plaintiff; specific administrative the behavior of the administrative department of labor and social security, employment injury insurance agency orgnaization is industrial administrative litigation defendant.

Article fifthAny of the following circumstances, the relevant units and individuals shall first apply for administrative reconsideration, who refuses to accept the decision of administrative reconsideration, it may bring an administrative lawsuit in a people's court according to law:
(a) apply for work-related injuries of employees or their immediate family members, the unit employees for work-related injuries that refuses to accept the conclusion;
(two) against the injury insurance unit fee rate to determine the agency employer;
(three) medical institutions, the service agreement signed supplementary instruments that fails to perform the relevant agency orgnaization of agency of agreement or provisions;
(four) any approved by the agency of the treatment of inductrial injury insurance;
The relevant units and individuals to the administrative department of labor security shall not accept the decision made, or require the agency to pay the approved treatment of inductrial injury insurance, may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article SixthInductrial injury to be worker and the employer of labor relations is the prerequisite. The laborer and the employing unit shall conclude a labor contract in written form, although the two sides not in accordance with the law to sign a written labor contract, but has one of the following circumstances, and in accordance with the establishment of the labor relationship to other elements, form the fact labor relationship between workers and employers should be identified:
(a) to the oral agreement to replace the written labor contract;
(two) the labor contract expires, the two sides did not terminate or renew the contract and the continuation of the labor relationship;
(three) the unit and the laborer as labor remuneration of the oral agreement, and provides the corresponding working conditions, workers engaged in labor in the employer under the management of the;
(four) the employer to grant workers "work permit", "service licence" identity card or fill in the "registration form", "application form", allow or default laborer to employers of employees working on behalf of;
(five) the probation period without concluding a labor contract in accordance with the regulations, after the probation period, the employer is not firing, and with the workers do not sign formal labor contract.
(six) the worker and the employer have not signed a written labor contract but other circumstances that shall be identified as the factual labor relationship.
Workers and employers have signed a labor contract in written form, but because of lack of necessary labor contract terms in the contract is null and void, or by any other name signed the contract involves the content of labor rights and obligations, the formation of the fact labor relationship between the laborer and the employing units shall be determined.

Article seventhAny of the following circumstances, should not have the labor relations or factual labor relationship between the laborer and the employing unit identification:
(a) with fortifications exist, and the rights and obligations of both parties has been performed, but the employer does not have the qualification of employment;
(two) in the contract relationship, the contractor to complete the work in accordance with the requirement of hirer and delivers the work product, by the hirer to pay labor remuneration;
(three) the servant provide labour services for hire, hire people to pay labor remuneration;
(four) the other should not recognize the existence of labor relations and labor relations of fact.

Article eighthConstruction enterprises in construction contracting, subcontracting, bear the responsibility for work-related injuries shall be separately determined according to the following circumstances:
(a) where the useful project subject to the qualification of other enterprises, the Contractor shall use the staff bear responsibility for work-related injuries.
(two) any other entity or natural person who contracts to useless work qualification, there is the labor relationship shall be deemed the employer and the entity or natural person use of personnel, and by the employer to the entity or natural person by the use of personnel to undertake compensation responsibility.
Construction enterprises in violation of the provisions of the entity or natural person project contracting, subcontracting to useless work qualification, the unit or the natural person who owed its use of staff wages, according to the preceding paragraph (two) of the spirit for the.
Entity or natural person useless work qualification of personnel in accordance with the first paragraph of this article(two), to the second paragraph of the employer claim compensation, payment of wages on right away, the people's court shall not support.
The provisions of the laws, rules and regulations provide otherwise, the provisions.

Article ninthEmployee is injured in an accident at a reasonable route to work or work with a reasonable time, labor and social security administrative departments identified as work-related injuries, the people's court shall support.

Article tenthThe staff was related with the collective activities of the casualties in the unit or its internal organization of collective activities, labor and social security administrative departments identified as work-related injuries, the people's court shall support.

Article eleventhRetired personnel by the enterprise fanpin or other companies to hire, the casualty accidents at work, labor and social security administrative department finds back the enterprises or other enterprises bear the responsibility for work-related injuries, the people's court shall support.

Article twelfthIn a passenger car the affiliated company, not between the owners hired driver or conductor linked to motor transport company formed the fact labor relationship, the driver or conductor injured at work, linked to motor transport company should not bear the responsibility for work-related injuries.

Article thirteenthThe staff at work or work before drinking wine food, alcohol affects the work, acts in a non normal state,Because of my behavior caused casualties, be drunk, the employer shall not bear the responsibility for work-related injuries.

Article fourteenthThese Provisions apply to the city court trial, second instance and retrial industrial administrative litigation cases, but for this provision has been completed before the implementation of a trial, appeal, retrial cases, the parties to the violation of the provisions for retrial, the people's court shall not support.

Article fifteenthThe implementation of the provisions from the date of notification issued. Future laws, regulations or judicial interpretation of the new provisions, from its provisions.

Article sixteenthThe Chongqing high people's court trial committee to explain.