Emeritus return hiring staff is to show those had enjoyed endowment insurance pay or the personnel of the pension that get lawfully, when they are invited by the company again, the accident produced during labor, can you handle according to inductrial injury? Emeritus does the accident happen to should be like where to manage during returning the employee that hire a person to make?
The netizen seeks advice:
Emeritus return hire employee to produce traffic accident with motor vehicle in road going to work, accident responsibility is maintained wait for responsibility for employee and Fu Youtong of cause trouble motor vehicle (each pay 50% ) . Serve as an unit how to should be handled? Premise: Emeritus return hired personnel to sign special working relationship to recruit an agreement, but the unit did not buy commercial insurance. Specific issue: 1, whether do this kind of afore-mentioned circumstances admit to be inductrial injury surely? Whether can the unit remove with employee during employee be in hospital the agreement that recruit? 2, emeritus return hire personnel to whether enjoy medical treatment period? Is same? 3, during cure, whether should the unit stop hair salary? If continue to send knock off endowment, be in to employee whether to go up to you can be affected with compensate of manage of insurance company of cause trouble motor vehicle? How should be the salary during calculated here? 4, did not buy commercial insurance, whether is the medical treatment cost that produces during assumed jointly with insurance company of cause trouble motor vehicle? 5, emeritus return those who hire staff to be injured at work the inductrial injury with formal employee, what distinction is there basically on the operation?
Cheng Jianjia's lawyer solves office of attorney of Hunan fair free:
1. cannot maintain inductrial injury, because retire,return hiring employee to be the same as an unit is service concern, not be working relationship, so contract law of not applicable labor, byelaw of inductrial injury insurance. Whether can the unit remove with employee during employee be in hospital the agreement that recruit, this should see an unit return the consultative content that hires personnel to sign together and calm.
2. defends a provision according to active medical service, accident harm includes traffic accident to cannot use cure to protect pay, only can compensate of person of tripartite responsibility pays. Emeritus return hire personnel to whether enjoy medical treatment period, can talk things over with the unit that use worker worker only, if be in medical treatment period,the unit extended salary, cannot advocate delay one's work is expended.
3. is according to traffic the accident undertakes handling normally, undertake compensatory by responsibility size.
4. unit can stem from human nature to change management to pay return the medical treatment cost that hires employee, salary, but be in to employee later period as affirmative as compensate of manage of insurance company of cause trouble motor vehicle meeting is affected. Cure maintains calorie of disbursement share, insurance company won't compensate pays.
5. did not buy commercial insurance, want service agreement to do not have an agreement only, did not concern directly with traffic accident.
Cheng Jianjia's lawyer is analytic:
Emeritus the accident happens to harm in returning the employee that hire a person to make, according to service service the relation is handled, the unit that recruit serves as employer to answer to emeritus return hire personnel to assume person damages responsibility.
Person damages liability is relatively strict, although unit of choose and employ persons is engaged in the person that suffers in service activity damaging to its employee without fault, also want to assume liability to pay compensation. Employee should prove his to be damaged in undertaking service activity only, its quote responsibility already was finished namely, no matter whether retiree has fault to be wounded, if be during the job,produce harm only, unit of choose and employ persons should assume responsibility. Additional, with inductrial injury photograph of insurance compensation standard is compared, person damages standard accentuated apparently the responsibility of the enterprise. For instance: Inductrial injury is sure to be assumed by social security fund, person damages assumes; person to damage by the unit that recruit disable mediumly mental damages can advocate in the suit of damages of standard; person in compensation and inductrial injury of prep above of dead compensation standard, inductrial injury compensation cannot advocate.
Oneself are engaged in law working 20 one's remaining years, accumulated many lawsuit and executive work experience. Current and dedicated at company method Wu, the lawsuit of the economic domain such as trade issue issue and blame inform professional work, be good at handling debenture Wu crisis.
