Absolutely not OK!!
Boss: The company has dealt with inductrial injury insurance for you, occupied yourself looks for social insurance department!
Worker: the company did inductrial injury insurance for employee, need not assume any responsibility again?
Case reviewing
In August 2018, the labor contract that Xiaohu and company signed by a definite date two years. After two months, she gets hurt because of producing traffic accident in road going to work. Classics policeman branch is maintained, small Hu Bucheng carries accident responsibility.
The company thinks, since had been small introduced from the northern and western nationalities or from abroad pay inductrial injury is safe, the compensatory matters concerned that arises because of inductrial injury ought to be dealt with by him Hu Yanzhen. Accordingly, the company was not Xiaohu to apply for inductrial injury to maintain all the time.
After 3 months are being separated when, him Xiaohu offers application to person company department and be maintained to be inductrial injury, labor function obstacle 4 class. But, when her requirement company submits an expense account disable appraisal charge, when giving the inductrial injury during applying for tardily treatment, was rejected by the company however.
Law is analytic
The company ought to recoup afore-mentioned cost of Xiaohu
On one hand, for small introduced from the northern and western nationalities or from abroad application inductrial injury maintains the law that is a company to define Wu.
" byelaw of inductrial injury insurance " the seventeenth the first section provision: "Worker happening accident is harmed or be diagnosed surely according to code of occupational disease prevention and cure, appraisal is occupational disease, the day that place unit ought to produce from accident harm perhaps is diagnosed, since the day that appraisal is occupational disease inside 30 days, to as a whole service of area labor safeguard puts forward inductrial injury to maintain application. " this that is to say, company besides for employee conduction inductrial injury is sure besides, still application inductrial injury holds responsibility.
On the other hand, the company ought to assume liability to pay compensation.
" byelaw of inductrial injury insurance " the seventeenth the 4th section provision: "Unit of choose and employ persons was not in inductrial injury is referred to maintain application inside the time limit of a the first section provision, the concerned charge such as the inductrial injury pay that accords with this orders provision happens to servantchoose a person for a job by this during this unit burden.
Xiaohu's experience, report gives the wrong acknowledge of unit of a few choose and employ persons. In fact, face this kind of problem, if servantchoose a person for a job unit idle at fulfilling relevant obligation, it is to be able to get of the penalty of relevant law laws and regulations. That is to say, although the company is employee pay inductrial injury is safe, also cannot become " swing palmar ark " !
Case reviewing
On December 5, 2018
Xiaoxia and the labor contract that one domestic company signed a by a definite date one year.
On Feburary 8, 2019 morning
The goods that the Xiaoxia that working in storehouse is fallen off suddenly is bungled in the head. Get hurt this, she costs not only medical treatment charge more than yuan 30 thousand, still fall below 10 class disable.
After this, xiaoxia is maintained to be inductrial injury and got corresponding fee from inside fund of inductrial injury insurance. Before long, she because be hard to be competent,original work asks actively to leave one's post.
The company did not join during the company is based on her to treat any manufacturing activities, also did not create any economic benefits for the company, and the loss already was sure to get redeeming through inductrial injury, so, reject to offer her any economic compensation.
Law is analytic
The practice of the company is wrong
On one hand:
" byelaw of inductrial injury insurance " thirtieth 3 the first section provision: "Because the job is harmed by reason of the object of the action in a sentence or the worker suffers from occupational disease to need to suspend the job accepting inductrial injury iatrical, firewood period stays in shutdown inside, pay of former wages material benefits is changeless, by the place the unit pays by the month. " accordingly, although Xiaoxia did not go to work to also did not produce beneficial result, but the company still must pay salary.
On the other hand:
" byelaw of inductrial injury insurance " thirtieth 7 (2) regulation: "The labor, termination of contract that recruit is stopped, or him worker puts forward to remove of the labor, contract that recruit... pay by unit of choose and employ persons one-time disable obtain employment grant-in-aid. Grant-in-aid of medical treatment of one-time inductrial injury and one-time disable the specific standard of obtain employment grant-in-aid is set by government of people of province, municipality, municipality directly under the Central Government.
Accordingly, although Xiaoxia belongs to active abdication, the company also should offer compensation.
So,
If encounter these situations,
Want to counterpoise for him dimension stoutly!
