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to the workers' association for arbitration.
Trial Measures for Work-related Injury Insurance for Employees of Enterprises.
In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly stipulates the scope of work-related injuries. Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:
1.Those who are engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit.
2.Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit.
3.Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.
4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.
5.Personal injury caused by the performance of duties.
6.Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public.
7.Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise.
8.During the period of going out on business, due to work reasons, the person is injured or missing due to a traffic accident or other accident, or dies due to a sudden illness or loses labor force after the first rescue**.
9.An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury.
1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;
2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;
3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;
4) Commuting to and from work on other reasonable routes within a reasonable time. [2] (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) )
10.Other circumstances stipulated by laws and regulations.
Regulations on Work-related Injury Insurance.
Relevant regulations on the classification of work-related injuries.
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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1. First apply to the labor and social security administrative department for work-related injury recognition. Article 17 of the Regulations on Work-related Injury Insurance stipulates that an injured employee or his immediate family member 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 an occupational disease, directly apply to the labor and social security administrative department of the co-ordinating area where the employer is located for recognition of work-related injury. Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.
2. After the work-related injury is identified, the labor ability appraisal will be carried out. Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
3. Enjoy work-related injury insurance benefits according to the identified labor ability level.
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Committee, the specific relevant answers are as follows.
1. Sue whom? According to Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, "if an employee sues for a labor dispute arising from the performance of a labor dispatch contract, the dispatching unit shall be the defendant; If the content of the dispute involves the receiving unit, the dispatching unit and the receiving unit shall be the joint defendants", and Article 22 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China stipulates that "the worker and the employer in the event of a labor dispute shall be the parties to the labor dispute arbitration case". In the event of a labor dispute between a labor dispatch unit or an employing unit and a worker, the labor dispatch unit and the employing unit shall be joint parties.
Although the actual employer has not established an employment relationship with the dispatched worker, but the worker is engaged in labor in the employing unit, is under the direction and management of the employing unit, and the employing unit has the obligation to ensure the safety of production for the worker, and in the arbitration and litigation involving the labor dispute of the worker, the employing unit may be added as a co-respondent or defendant to bear joint and several liability for compensation with the labor dispatch unit.
2. Where to sue? The place of application for arbitration shall be the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located.
3. What evidence do I need to prepare? When applying for arbitration, it is necessary to collect and provide corresponding supporting materials, including labor contracts, wage slips, salary card transfer slips, social insurance premium payment records, registration forms, attendance sheets, overtime applications, and the amount of wages, benefits, work cards, meal cards, work clothes and other supporting materials of the employees who have the same position as the employer.
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If a social worker is hurt and wants to file a lawsuit, he should go to court. Everything else is called a complaint.
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It should be the court to go to court.
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The social worker has been hurt, should he go to the ** complaint? Definitely going to the court.
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You can appeal. See Code of Civil Procedure:
Article 227:Where, during the course of enforcement, persons not involved in the case raise a written objection to the subject matter of enforcement, the people's court shall review it within 15 days of receiving the written objection, and where the grounds are sustained, rule to suspend enforcement of the subject matter; where the reasons are not sustained, a ruling is to reject it. Where persons not involved in the case or parties are dissatisfied with the ruling and feel that the original judgment or ruling was in error, it is to be handled in accordance with the trial supervision procedures; and where it is not related to the original judgment or ruling, a lawsuit may be filed with the people's court within 15 days of the date on which the ruling is served.
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Of course, your situation is considered a work injury.
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Rural land use rights are owned by all villagers, you can convene the villagers to apply to the village committee to convene a villagers' meeting, ask to change the decision to buy and sell land and compensate the villagers for losses, if the village committee does not perform its duties and refuses to convene a general meeting, you can go to the township ** to raise an objection, the township ** ignores it, you can go to the county ** to raise an objection and apply for administrative reconsideration, sue the township ** administrative inaction.
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You should complain to the director of the neighborhood committee. There are the following ways:
1. The phenomenon of residents' bad attitude towards the work of clerks should be reflected step by step that "the clerk's work attitude is not good", and the efficiency of such appeals and complaints may be very low, and the time cannot be delayed.
2. In accordance with the order of the director of the neighborhood committee, the director of the office, the district head or supervisor, the mayor or the supervisor, such a level of escalation of complaints is very in line with the leadership system of the first system, and there is no suspicion of "skipping" and "complaining" step by step.
3. You can file a complaint with the local sub-district office. Although the neighborhood committee is a residents' self-governing organization, it is under the guidance of the neighborhood office.
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Where can I complain? A little bit of things and often no one goes to work, hit ** and don't pick up, do some small things to run a few times often, some community neighborhood committees are like this, there is a little bit of position, and don't ask clearly to refuse you, and the attitude is the kind of ignorance look, I don't know what to do with the neighborhood committee and the street office here, the slogan at the door is written to serve the people, but this is clearly selling dog meat on the head of a sheep? With regard to the bad attitude of some neighborhood offices and neighborhood committees, I support the higher-level leaders to come to us to conduct an inventory or make an unannounced visit, because the state supports you people, and you must also be worthy of the country and the people
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Does the community have some poor ability to do things, so that the elderly, take more detours, and are too bad and domineering? Hurt the body and mind of the face surname? Where to reason, she is all mouthful, and the surname on the other side is defeated!
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The service attitude of the community staff is particularly bad, that is, the quality is low, and the words are not finished, and they hang up directly!
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You can go to the local labor department to file a complaint to protect your legal rights.
Article 74 of the Labor Contract Law stipulates that: "The local people's labor administrative department at or above the county level shall supervise and inspect the implementation of the labor contract system in accordance with the law: (4) the employer's compliance with the national regulations on working hours, rest and leave of employees; "Article 79: Any organization or individual has the right to report violations of this Law, and the people's labor administrative departments at or above the county level shall promptly verify and handle them, and reward those who have made meritorious contributions.
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It can be reported to the labor and social security administrative department, and the main clues and evidence can be provided for the relevant acts of the employer in violation of the labor contract law.
Q: How do I report a factory for violating labor laws?
Question: I have been working in this factory for almost five years, there is no social security for 12 hours a day, and I am not allowed to see the pay slips, they are all confidential, can I report him?
Ask how you can defend your rights.
Labor Law of the People's Republic of China Article 85 The labor administrative departments of the people's ** at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations in accordance with the law, and have the right to stop and order corrections to violate labor laws and regulations.
Question: If I report it, I can't do it in the factory, can I get compensation?
I asked why I didn't have social security, and I didn't buy social security, and it was 12 hours a day.
Question: The labor contract is only available to the company, and I signed it, but he didn't leave me a copy.
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Article 36 of the Labor Law The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed. According to these two provisions, the working hours of an employee shall not exceed 11 hours per day under the premise of negotiation with the employee, and you have violated the labor law if you work for 11 and a half hours in a row.
Article 74 of the Labor Contract Law stipulates that: "The local people's labor administrative department at or above the county level shall supervise and inspect the implementation of the labor contract system in accordance with the law: (4) the employer's compliance with the national regulations on working hours, rest and leave of employees; "Article 79: Any organization or individual has the right to report violations of this Law, and the people's labor administrative departments at or above the county level shall promptly verify and handle them, and reward those who have made meritorious contributions.
Therefore, you can go to the local labor department to file a complaint to protect your legitimate rights and interests.
Thank you for the trouble to adopt!
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"Report it to the labor administrative department. Any organization or individual has the right to report violations of this law, and the people's labor administrative departments at or above the county level shall promptly verify and deal with them, and reward those who have made meritorious contributions. ”
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What's that, we're going to kill people for a month and hours.
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Can you go down the well without training.
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Hello, I hope I can give you a satisfactory answer, what you said about the public security personnel beating people and causing minor injuries is definitely a criminal act, to look at it from two aspects, if the public security personnel during the work, take advantage of their positions, carry out administrative acts, his behavior is an illegal administrative act, you can go to the people's court for administrative litigation, that is, what we call a civil prosecutor, his behavior seriously violated the criminal law, public security regulations, you can also carry out administrative reconsideration in addition to litigation, In layman's terms, you accuse his superiors of violating the law. This is an effective measure.
In addition, if the police are not working, they are not in power, and they commit crimes, then it has nothing to do with the administration, and you can go to the procuratorate to conduct criminal proceedings against them, which is more appropriate, and the procuratorate is a supervisory organ. They have a duty to supervise the police, so you can file a criminal case, but only if you have minor injuries.
I hope my answer can help you, give a good review, and contact me if you don't understand.
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