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If an employee has a dispute with the employer due to a work-related injury, the first thing is to resolve it through negotiation, and if negotiation is not possible, the employee can apply for labor arbitration to protect his rights.
In accordance with the Law on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
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Work-related injuries are not looking for the boss but looking for the enterprise.
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Find the Public Security Bureau, report the case, and find the insurance company to settle the claim.
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Did you have a work injury at **?
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First, check the company's address on the Internet, contact **, and contact information. Generally, enterprises will have special ** or in some ** advertising in order to sell. Second, go to the work-related injury department to check the information on the change of industrial and commercial registration, and you can also find the new address.
Third, go to the telecommunications department, check the company's changed ** number, and find the new address according to the ** number. Fourth, contact a colleague who used to be bored and ask for a new address. Fifth, look for the company's products on the market, and the company address is on the packaging of the product.
Sixth, file a lawsuit in court. Seventh, report to the labor inspection department.
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Legal Analysis: The solution to the problem of not being able to find the boss for a work-related injury is as follows:
1. The employee can complain to the labor administrative department, and the labor administrative department shall order the boss to pay wages within the time limit;
2. Employees can apply for labor arbitration in accordance with the law;
3. Filing a lawsuit with the people's court to protect rights in accordance with the law.
Where the application materials submitted by the applicant for work-related injury determination meet the requirements, are within the jurisdiction of the social insurance administrative department, and are within the time limit for acceptance, the social insurance administrative department shall accept it.
Legal basis: Labor Contract Law of the People's Republic of China
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying workers at a rate lower than the local minimum wage standard and failing to pay the laborer's work or missing funds;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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1: You can complain to the Labor and Social Security Bureau or apply for labor arbitration, and if you are dissatisfied with labor arbitration, you must file a lawsuit within 15 days, because arbitration will take legal effect after 15 days.
2: Criteria for determining work-related injuries.
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Being injured in a motor vehicle accident while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:
1) During working hours and at work, a person who dies of a sudden illness or is confiscated dies within 48 hours after rescue efforts fail;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
Employees who have the circumstances in items (1) and (2) of the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Article 16 In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury
1) Due to a crime or violation of the administration of public security**;
2) Drunkenness causes **;
3) Self-harm or suicide.
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According to the "Regulations on Work-related Injury Insurance", the work-related injury insurance benefits include the following situations: the compensation items for general injuries caused by work-related injuries (not reaching disability) mainly include medical expenses, food subsidies during the hospitalization of the injured, living care expenses, wages during the work-related injury, transportation, accommodation and transportation expenses; The compensation items for disability mainly include medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy; The compensation items for death mainly include funeral allowances, one-time subsidies, and pensions for dependent relatives.
Therefore, if an employee is injured on the job, he or she should apply for a work-related injury determination and disability appraisal, and claim compensation based on the appraisal results. According to the current Regulations on Work-related Injury Insurance, from the occurrence of work-related injuries to the receipt of work-related injury insurance benefits, workers generally have to go through three stages: applying for work-related injury identification, labor ability appraisal and work-related injury insurance benefit claim.
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Legal analysis: If the employer fails to fulfill its obligations, it can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect its legitimate rights and interests.
Legal basis: Article 17 of the Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, with the consent of the social insurance administrative department, the Huqiao limit may be appropriately extended at the time of application.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
Article 2 Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
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Legal analysis: You can go to the "Arbitration Committee" under the Labor Bureau to apply for arbitration, and if the boss does not enforce it, you can apply to the court for compulsory enforcement.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; (4) Suffering from an occupational disease; 5) Injured or unaccounted for in an accident while away for work; (6) On the way to and from work, being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train, for which Tan Youxiao is not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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You can go to the "arbitration committee" under the labor bureau to apply for labor arbitration, and if the boss does not enforce it, you can apply to the court for compulsory enforcement.
1. If you don't do it, the boss won't pay the salary, and you will go to Bu Kai to complain.
You can directly file a complaint with the Safeguard Supervision Brigade of the labor department, or you can directly apply for labor arbitration. First of all, you should go to the labor bureau in the city where you are located to file a complaint against the boss, and the labor inspection brigade will file a case against it, leave your basic personal information, and then go to the company to investigate and find out that the matter is true, and will come forward to mediate, and warn the boss that his behavior has violated the law, and order corrections.
2. What should I do if the boss in arrears of wages has not signed a contract?
If the company is in arrears of wages and runs away, it can seek judicial relief through judicial means, apply to the court for a payment order, or apply to the labor arbitration department for labor arbitration to protect its rights and interests. If the labor arbitration is not enforced, it may apply to the court for compulsory enforcement, and the court may seize the property in its name to pay the arrears to be performed by the defendant.
3. What should I do if the boss does not pay my salary?
If the boss does not pay wages, the employee can negotiate with the boss of the unit first to see how the boss will deal with the issue of wage payment. If the employer refuses to pay wages to the employee, the employee may apply to the labor arbitration commission where the employer is located for labor arbitration and request the employer to pay the wages. If you are still not satisfied with the result of the labor arbitration, you can file a lawsuit with the Faling Sports Court.
Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; (4) Suffering from an occupational disease; 5) Injured or unaccounted for in an accident while away for work; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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