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Legal Network reporter Liu
How much for one meal steamed bread, the staff canteen chefs and kitchen help conflict, post-fight injuries cut into his right hand caused by the chef, kitchen help Zengmou afterwards sentenced to intentional assault and was sentenced to detention for five months. Then, Chef ED Minhang District Human Resources and Social Security Bureau to apply for related injuries, and get support.
Workers who have suffered violence in the management process, claiming for compensation it? Labor dispute occur with colleagues at work, claiming for compensation for bodily injuries it? Which took place in Shanghai Minhang "injuries that case" caused controversy in the industry. The legal profession that the relevant departments to deal with controversial issues related injuries as a clear explanation, canonical processing standards to guide law enforcement and judicial practice.
Fight was cut was identified as work-related injuries
Certain employees and Cengmou are Shanghai Yayi Building Decoration Engineering Co., Ltd., respectively, as the chef and kitchen help in the company canteen. Last July 8 at noon, and Zengmou certain amount of steamed bread is much different opinion, quarrel, and later rose to the physical conflict. Spoon hitting a particular Cengmou face with water, but Zengmou momentum more fierce, the knife will cut into some minor injuries. Minhang District People's Procuratorate of intentional assault Zengmou prosecution, the court sentenced him to detention for five months. March 5 this year, a particular mention injury to apply to the Minhang District Human Resources and Social Security Bureau, the People's Insurance Bureau identified certain to injury.
Yayi company refused to accept the People's Insurance Agency related injuries to one of the appeal to the Minhang District People's Court, but was unsuccessful. Verdict that: the day of the incident, certain "requires more steamed buns Zengmou declined dispute with Zengmou occur after Zengmou chopped starting line reason for the performance of duties", and concluded that certain injuries to their job performance Responsibilities have some causal relationship. Therefore, the decision to maintain the identified Minhang District People's Insurance Agency related injuries made. However,chaussures nike pas cher, companies are still not satisfied and Yayi said they will Shanghai First Intermediate People's Court of Appeal.
Bonaparte's agents Wang Yang believes that both the People's Insurance Agency related injuries,hogan, or the court of first instance, have ignored the "certain first hands-on" this critical point.
Yayi Chen, head of company personnel admitted: "If we admit that injury, so long as it occurs in the future if the company fights, as long as the weapon is beating the company, are regarded as the cause of injury it is not for the work? It is artificially defined. "
"Industrial Pengci" is difficult to prevent
The whole affair "Whoever hands on" the most attention. Stakeholders Minhang District People's Insurance Bureau made it clear that "the case is indeed certain to move the hand, but this does not impact his related injuries." According to engineer involved in the investigation, although it is certain to hit the water Zengmou spoon, but this behavior can be understood as a reminder, with a mean, certain "hit" this action was not injured man to the purpose and point of departure . But instead, it is in the daily Zengmou intensification feud will be a chopped. Therefore, due to perform certain duties and exposure to violence. "Industrial party identification is not whether there is any fault, but there is no harm in that."
Minhang District People's Insurance Bureau experts also said that this violent injuries caused certain ten disabled, while violating the company's internal regulations, he is unemployed is weak. From this perspective,http://www.aiszds.com/forum.php?mod=viewthread&tid=609210&extra=, for his injuries that are leniency. "Enterprises have objections,http://me.ujn.edu.cn/article/Review.asp?NewsID=1571, because the details of the process they are caught happen, but as a government, it is up to consider the whole situation, determination."
The majority of respondents professionals have different views on the case. Pudong New Area Social Council related injuries window experts said that if in a particular case, the subordinate insubordination arrangements with the competent dispute and violence and bullying,http://singyouc.com/forum.php?mod=viewthread&tid=122999, then this situation can be identified as work-related injuries. "But the case is hard to be a first hands-on behavior is interpreted as due to perform job duties, there is no necessary connection between the two. On the contrary,http://115.29.109.79/bbs/forum.php?mod=viewthread&tid=928695, the conflict between the two men seen as more appropriate for the fight."
Professor of Shanghai Institute of Political Science, Law Society of Shanghai Tang Xiaotian, deputy Secretary-General said that if the parties ultimately found that injury, for the enterprise is not a small blow. "As long as the parties have the intention, 'accidents' can be artificially created, that is' Pengci' because, during working hours, the workplace, in order to work,louboutin pas cher,http://www.healthcarehall.com/viewnews-48008.shtml, these three elements are able to 'do' out ' .
Injury legal provisions need to be improved
Reporters from the Shanghai Fengxian District People's Insurance Bureau, with the improvement of labor rights of self-awareness, interpretation of regulations related injuries are also more detailed. Related injuries encountered in the course of the various cases are more complex, there are some atypical "injury" situation.
Small Cheng and Xiao Yang is a musical instrument Shanghai employees. Last August 15, a small way found their material in the lack of a T-shaped plate, went to the office to discuss Yang rejected. After removal of Yang's own small way T-plate was found was questioned, the two disputes, Xiao Yang will knock down on T-plate process do zither small, small way anger and hit Xiao Yang, Xiao Yang counterattack with a hammer smashing a small way caused the rupture of the spleen.
Fengxian District People's Insurance Agency related injuries member that the case appears to comply with the third paragraph of Article 14, "Work Injury Insurance Regulations", during working hours and workplace, the discharge of duties by violence and other injuries. However, this provision can not be simply understood, in particular "to perform job duties," is how to define a key. Staff insufficient material to beg for workers to take even stronger, which with "performing the duties" discrepancy. A small way to hit anyone, leading to further deterioration. Therefore, simply consider whether a small way to perform job duties is not enough. After a small way with the unit negotiated settlement, withdrew the injury to apply.
Shanghai Min Rong Fu lawyer said: Administrative litigation related injuries has become a hot topic of administrative trial and difficulty. The main legal issues such cases are: Scope is not clear; the phenomenon of prominent legal conflict; understanding how to identify the conditions inconsistent. In this regard, the authorities should first improve laws and regulations, common understanding. Particularly with regard to conditions of work-related injuries identified,escarpin louboutin pas cher, it is treated injury cases core, the most critical part is the biggest part of the parties to the dispute and disagreement. The "Work Injury Insurance Regulations" provisions of this relatively simple, abstract, the process of the case have greater flexibility and discretion space. Should be considered at an appropriate time, by the related departments to formulate additional provisions, the Regulations or the judicial interpretation,http://bbs.woolien.com/home.php?mod=space&uid=39993, further controversial issues related injuries as a clear explanation, canonical processing standards to guide law enforcement and judicial practice.
Tang Xiaotian said that the times from the perspective of legal provisions related injuries should be further improved, perhaps in the near future, a condition related injuries went from three became five.
Source: Legal Network - Legal Daily
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發表於 2015-7-2 19:18:06
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