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双重劳动关系下劳动者对应着两个甚至两个以上的用人单位,实践中对是否每个用人单位都应当为职工缴纳工伤保险费、发生工伤事故时由哪个用人单位承担工伤保险责任以及与工伤无关的其他用人单位是否需要承担相应的责任等问题依然不甚明了,双重劳动关系下用人单位逃避缴纳工伤保险费、拒不承担工伤保险责任以及用人单位之间相互推诿责任的情形不胜枚举,极大损害了劳动者的合法权益,亟待规制。
In the case of double labor relations, workers correspond to two or more employers. In practice, each employer should pay workers’ insurance premiums for occupational injuries, which employer shall assume the liability for work injury insurance and the work injury insurance in the event of an accident, It is still unclear whether other employers need to assume the corresponding responsibilities or not. In the double labor relationship, employers evade the payment of work-related injury insurance premiums, refuse to take up the responsibility of work-related injury insurance and the liability of employers for mutual deduction. This has greatly damaged the legitimate rights and interests of workers and is in urgent need of regulation.