The inductrial injury that the worker advocates compensates for the brushstroke debt that is unit of choose and employ persons. Unit of choose and employ persons is in when cancelling liquidation, liquidation group should inform inductrial injury the worker serves as creditor to attend. Otherwise, liquidation group should assume corresponding liability to pay compensation.
(original title: To escape compensation, they aux would rather " court destruction " )
The network matchs a plan
Via inductrial injury appraisal, 4 class disable
Rose in March 2014, laoyang assembles and unassemble into duty company, be engaged in cement packing the job. Because be contacted with dust all the day, together with preventive measure does not reach the designated position, old Yang Shichang feels breath not free, lung is afflictive, after two years, laoyang illness is aggravating, be sent toward cure of courtyard of occupational disease prevention and cure, via diagnosing, laoyang has sufferred from on pneumoconiosis 2 period. Subsequently, apply for via Laoyang, manpower resource and social security bureau maintain old Yang Suo to suffer from occupational disease to be inductrial injury, use appraisal of ability appraisal committee via fatigue again, of Laoyang disable grade is disable 4 class. However, letting what old Yang Yi wants to be less than is, assemble and unassemble company to save expenditure, never give him assurance of pay inductrial injury.
For play truant, ill will is cancelled
Unaware likewise, besides Laoyang, still have assemble and unassemble company boss husband and wife. They regret to be corrupt petty gain at the outset, did not give Laoyang assurance of pay inductrial injury, now nowadays, assemble and unassemble the compensation of all inductrial injury that because this arises,the company must assume alone, estimation must have a yuan. After considering repeatedly, assemble and unassemble company boss husband and wife thought of a crooked action: "Oneself assemble and unassemble the company also is business with a small capital, if give Laoyang this one compensate, also not remnant what, still be inferior to cancelling the company as early as possible, let his Laoyang nowhere goes wanting money. " such, boss husband and wife applies for to cancel assemble and unassemble company, still hiding the truth from Laoyang, undertook the company is liquidated.
Sue to the court, request compensation
In March 2018, old Yang Xianglao moves human affairs controversy to arbitrate committee applies for labor to arbitrate, until at this moment, old Yang Cai discovers, assemble and unassemble the company has been cancelled, oneself all the time by be kept inside a drum-be kept in the dark. Then, to lodge a complaint of old Yangxiang court, the request assembles and unassemble formerly company boss compensates for his to disable grant-in-aid, disable grant-in-aid of subsidiary, medical treatment adds up to 1.26 million yuan. Chongqing city show adjudicates after cognizance of autonomous county of Miao Zu of hill the Tujia nationality: Assemble and unassemble formerly company boss husband and wife compensates for Laoyang to disable grant-in-aid, disable expenses of grant-in-aid of subsidiary, medical treatment totals 1.26 million yuan. After first instance is adjudged, assemble and unassemble formerly company boss husband and wife lifts appeal. Chongqing city adjudicates after cognizance of court of the 4th intermediate people: Reject appeal, maintain original judgement.
With case view
Legal provision
" company law of People's Republic of China " the 189th regulation " the member that liquidation is comprised ought to devoted to post, fulfil liquidation obligation lawfully. The member that liquidation is comprised does not get jobbery to receive bribery other perhaps and illegal income, do not get embezzlement company worth. Because the member that liquidation is comprised perhaps weighs big error to give a company intentionally or creditor causes losing, ought to assume liability to pay compensation " .
" top people court about applicable < company law of People's Republic of China > the regulation of a certain number of problems (2) " eleventh regulation: "When the company is liquidated, liquidation group ought to according to company method the 185th regulation, dismiss the firm liquidation matters concerned written announcement collectivity is foregone creditor, be in according to company dimensions and business district limits the whole nation or the company registers the ground that register provincial announcement undertakes on influential newspaper. Liquidation group not according to before section provision fulfils announcement and announcement obligation, bring about creditor declares creditor's rights not in time and did not obtain pay off, the loss that because this is caused,the member that creditor advocates liquidation is comprised is opposite assumes liability to pay compensation, people court should give lawfully support. People court should give lawfully support..
Tie this record
In this case, after old Yang Zai is diagnosed to be occupational disease, assemble and unassemble the company undertook cancelling, assemble and unassemble the member that company boss husband and wife is comprised as liquidation, in know perfectly well Laoyang to contract occupational disease, it is the main body that enjoys inductrial injury treatment, assemble and unassemble below the case of obligor of compensation of salary of firm department inductrial injury, did not press relevant provision to inform Laoyang to undertake creditor's rights declare as creditor however in company liquidation process, bring about old Yang Wei to declare creditor's rights in time to obtain inductrial injury pay to compensate for, reason, assemble and unassemble company boss husband and wife serves as assemble and unassemble formerly the member that company shareholder, liquidation is comprised, ought to assume liability to pay compensation of salary of inductrial injury insurance jointly.
The judge sends word
