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广西壮族自治区劳动厅日前来函就企业在租赁过程中发生伤亡事故如何划分事故单位的问题进行请示。根据《企业职工伤亡事故报告和处理规定》(国务院第75号令)和《企业职工伤亡事故报告统计问题解答》(劳办发[1993]140号),劳动部办公厅于1997年7月9日以劳办发[1997]62号文答复如下:一、企业在租赁、承包过程中,如果承租方或承包方无经营证照,驻为个人(或合伙)与出租方或发包方签订租赁(或承包)合同,若发生伤亡事故应认定出租方或发包方为事故单位。
The Labor Department of Guangxi Zhuang Autonomous Region recently submitted a letter of advice on how to classify accident units as a result of a casualty incident occurred during the leasing process. According to the “Regulations on the Reporting and Handling of Casualties and Accidents Caused by Employees (State Council Decree No. 75) and the” Questionnaire for the Statistical Analysis of the Reports of Casualties and Accidental Workers "(Lao Ban Fa [1993] No. 140), the General Office of Labor Affairs was released on July 9, 1997 In the case of Lao Ban Fa [1997] No. 62, the reply is as follows: 1. In the process of leasing and contracting, if the lessee or contractor has no business license, the leasing (or partnership) Contract) contract, in the event of casualties should be identified as the lessor or outsourced accident unit.