seven, Tian Moumou v. national mapping Geographic Information Bureau of Chongqing Institute of Surveying and mapping work injury insurance disputes in Chongqing Moumou Talent Service Co. Ltd and judge gist: in labor dispatch, dispatched workers of the injuries occurred in the work, shall be made by the employer as the labor dispatch unit shall be liable for compensation for work-related injury insurance. Where the employee requires the employer to bear joint and several liability, no support shall be supported, but the labor dispatching unit may stipulate the compensation method with the employer.

    basic facts: October 8, 2011, Chongqing Moumou Talent Service Co. Ltd. (hereinafter referred to as XX Talent Company) and Tian Moumou signed "labor contract" (dispatch), agreed: XX Talent Company will Tian Moumou sent to the national mapping Geographic Information Bureau of Chongqing surveying and Mapping Institute (hereinafter referred to as the Chongqing Institute of Surveying and mapping work, sent from a period) from October 19, 2011 to October 18, 2013, jobs for surveying and mapping. In October 7, 2013, XX Talent Company and Tian Moumou signed "labor contract", agreed to renew the dispatch term until October 7, 2015. Moumou Talent Company for the management of industrial injury insurance. September 1, 2013, Tian Moumou in the field of Surveying and mapping work when injured, after being identified as work-related injuries. In March 5, 2014, Tian Moumou identified as disability eight, no care dependency. April 24, 2014, a certain Talent Company based on the "labor contract law," the forty-fourth paragraph (a) of the provisions of the lifting of the labor contract with the field. In June 23, 2014, Tian Moumou to the labor dispute arbitration committee for arbitration, require Talent Company to pay the Moumou injury insurance benefits 181223 yuan, and asked the Chongqing surveying and Mapping Institute jointly and severally liable for the expenses. After the people's court to bring a lawsuit. In the trial, a certain Talent Company to pay the payment of the industrial injury insurance fund issued a one-time disability grants, one-time work-related injuries Medicaid payments, hospital meals subsidies totaling 38880.37 yuan.

    the court that, according to People's Republic of China "labor contract law", "People's Republic of China social insurance law" and other relevant provisions in labor dispatch, the dispatch of units, the employer, the employer shall perform the obligations of workers. In performing the contract of labor dispatch, the employee shall be responsible for the compensation of the work injury insurance benefits from the labor dispatch unit of the employing unit. At the same time, the provisions of the "Tenth" Interim Provisions on labor dispatch: “ dispatched workers in labor units due to work accidents, … … labor dispatch units assume responsibility for injury insurance, but remedies can be agreed with the employer. ” in this case, Tian Moumou due to work injury should the employer that certain Talent Company shall bear responsibility for injury insurance, the employer is the subject of Chongqing surveying and Mapping Institute does not assume responsibility for injury insurance, so the requirements of Tian Moumou Chongqing surveying and Mapping Institute jointly and severally liable for no legal basis. The people's court was ruling Moumou Talent Company to pay work-related injury insurance treatment.