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p3u2er2q06 发表于 2016-6-7 15:52:20 |阅读模式 |复制链接
14 years ago, workers at the job Cuiguang Bin, accidentally falling from a height,hogan uomo, head injuries and disability. For related injuries, Cuiguang Bin labor departments and work units to court to require the company to give legal related injuries. April 2 morning, the case in Nanning City Intermediate People's Court.
Altitude fall
Unfortunately it became six disability
December 10,outlet hogan italia vN9GSo65D,hogan outlet, 1993, Cuiguang Bin Guangxi thermal power installation company (hereinafter referred to as thermal power company) signed a five-year contract to become a welder in the company.
April 25, 1994, at a site in Liuzhou Cuiguang Bin aerial welding,outlet hogan italia 2X4POvF8j, falling from a height, head frustrated, intracranial hematoma fracture. After the rescue and treatment for many years, he still can not resume normal work and life. It was identified that his disability was six disability. In the same year in June, the thermal power companies for the accident investigation team,hogan interactive uomo, "the April 25 fall accident" investigation and analysis.
In 2002, Cuiguang Bin to Liuzhou labor dispute arbitration committee for arbitration of labor. In the arbitration court, thermal power company under investigation report before them, to produce a "fall accident on April 25," the instructions. The note wrote: temporary workers Cuiguang Bin "April 25" after the fall injured, after investigation and research team analyzed to determine the cause of illness. "Casualty Reports Statistics Questions enterprise workers" in the solution according to September 17,, 1993 issued by the Ministry of Labor,hogan scontate IK2506qKuO, workers do not follow the casualty statistics.
After learning of this situation, a spot Cuiguang Bin challenge and embarked on the long road of litigation. Since Cuiguang Bin baseless Liuzhou labor dispute arbitration committee ruled Cuiguang Bin lost. Thereafter, the case after the court Beiqu Liuzhou, Liuzhou City Intermediate People's Court of First Instance, the second trial and retrial,outlet hogan, Cuiguang Bin is still the way to losing.
Business Report
Can a "non-work-related injuries certificate"
Cuiguang Bin admit defeat, and then to the autonomous region of Labor and Social Security Department (hereinafter referred to as the Labor Department) to give reasonable application of related injuries. Inadmissible because the Labor Department, the Office of Labor Cuiguang Bin turn on the court. In November 2007, Nanning Qingxiu District People's Court ruling on the case,outlet hogan italia, the Office of Labor to Cuiguang Bin revoke an administrative act "inadmissible injuries that notice of application" and re-specific administrative act.
After the first trial, the Office of Labor refused to accept Nanning City Intermediate People's Court of Appeal. April 2,hogan sito ufficiale VzdeIJ5J,hogan outlet online, Nanning City Court hearing the case.
In court,hogan scarpe, the judge summarized the three focus: Does the Labor Department have jurisdiction to entertain an application Cuiguang Bin related injuries, whether the application is effective over time, the original report's conclusions whether injury.
By Labor Department believes that in 1994, after the fall Cuiguang Bin injury, thermal power company immediately an investigation team of the accident were investigated. Survey results show that he is because of the sudden onset, loss of self-control,hogan rebel, was falling down from a height. The company thus finds that his non-work-related injuries, and made a written statement.
Cuiguang Bin case occurred 14 years ago. Accordance with the prevailing laws and regulations, the enterprise has been made non-work-related injuries found on Cuiguang Bin, the labor departments have no right to accept Cuiguang Bin of injury to apply and make the appropriate acknowledgment.
The agent said, December 6, 2006, the Labor Department Cuiguang Bin only to apply related injuries. However, according to the existing "industrial injury insurance regulations" stipulated that he should apply at the latest by 1 January 2005. Apparently,hogan rebel ebay, his application has exceeded the application of limitation,scarpe hogan outlet, the Labor Department can not be accepted.
In addition, the thermal power company made "report April 25 fall injury accident" has made it clear that the disease has led to Cuiguang Bin injury, which is the fundamental cause of the accident. A member of the accident investigation team in addition to the thermal power company manager,scarpe hogan outlet, trade union chairman and other responsible persons, there are trade union members and production-related personnel, they have carried out a detailed accident analysis finds that speaks investigation report is true and effective.
From the above points, and based on the content and format of certificate provisions,hogan prezzi DrAKoAIm7r, the Labor Department can determine the survey is the certificate of non-work-related injuries.
Families that
Injury was not identified by the company to
Cuiguang Bin's agent is his brother Cui Guanghui. For the Labor Department saying he would be denied. He believes that, in accordance with prevailing laws, determining what work or work-related, the law only authorized by the grassroots trade union organization committee, the Committee reviewed to determine labor insurance,hogan outlet, did not authorize the administrative aspects of business. Businesses and workers, belong to the object to be notified. Therefore,hogan rebel, the enterprise has no power to make a determination of injury.
There is interest in the relationship between businesses and workers. After the accident, although the company set up an investigation group, but members are company personnel. Therefore,hogan rebel saldi, the accident investigation report they provide can not guarantee its authenticity.
Moreover, the thermal power companies to produce a certificate of non-work-related injuries, in fact only a survey report on the accident. In content, the investigation report did not specify whether Cuiguang Bin injury, also did not say whether he enjoys injury treatment. Formally, the investigation report produced in line with procedures and norms were introduced, the cause of the accident, after, responsible and so on.
As for the application period, Cui Guanghui said that after the accident, they did not receive any notice of the relevant units. Until now, my brother can not resume normal work and life.
In order to obtain the corresponding injury treatment and compensation, they have repeatedly found a thermal power company. Companies have promised verbally every time they deal with by injury, workers' compensation given to his brother, but it has not seen action or notification. In this way, a company is pushing for eight years, his mother traveled all the office units, things still unresolved. In desperation, they proposed to the arbitration of labor arbitration authority. During the trial, the company has confirmed that they did not know his brother as "non-injury", and the share of "Accident Investigation Report" as a certificate of non-work-related injuries.
Since then,hogan sito ufficiale 7eDqu3Hb, they have not interrupted the proceedings. Since before the company finds made invalid,scarpe hogan, according to the provisions of the 2004 "work insurance Insurance" can be considered related injuries it is not yet complete. Therefore,scarpe hogan uomo, the time they apply for related injuries,hogan scarpe, have not actually counted. That is, they do not exceed the application period, you can continue to apply the Office of Labor received related injuries.
For this case, the court did not in court for sentencing.
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 Disclaimer: This article represents only the author, has nothing to do with the Phoenix. Its originality, as well as in the statements and content without the site confirmed on this article and in which all or part of the contents,hogan interactive shop online, text authenticity, completeness, timeliness, without any guarantee or promise,scarpe hogan uomo prezzi, the reader is for reference only,hogan uomo, and please verify their own content.
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