What to do if an employee violates the rules and causes an accident

According to the compensation theory, the employee's performance is for the benefit of the employer, and the labor risk should also be attributed to the beneficiary, and the employer should bear the responsibility arising therefrom. However, if the employee is exempt from liability for the occurrence of the damage intentionally (such as illegal operation) or gross negligence, it is an infringement on the employer. Therefore, whether or not to require an employee to bear the burden should be determined according to factors such as the degree of danger of the job, technical skills, facilities and equipment, and the degree of supervision of the employee, and according to the degree of fault of the employer and the employee.

Article 16 of the Provisional Provisions on Payment of Wages stipulates that: "If an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract." It can be seen that the employer has the right to recover from the economic losses caused by the employee himself.

Article 39 of the Labor Contract Law stipulates that if an employee seriously violates the rules and regulations of the employer and seriously neglects his duties and causes significant damage to the employer, the employer may terminate the labor contract. Although it is not clear that the employer has the right of recourse, it is not expressly prohibited.

In order to avoid the embarrassment of the loss caused to the employer by the employee's illegal operation and the inability to recover the loss, the enterprise can not only stipulate the relevant terms in the labor contract according to the law, but also formulate practical internal rules and regulations according to the actual situation.

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Work-related injuries are handled according to work-related injuries, and what should be done if there is anything. If you confirm that it is a violation and do not want to pay compensation, you must show evidence that he deliberately violated the law, and the violation cannot be used as a reason.

First of all, look at the severity of the accident caused by the employee's violation, whether it is a serious violation. As a unit, the salary of the violating employee is generally deducted according to the proportion, but it cannot exceed 20% of the employee's monthly salary.

Legal Analysis: Injuries caused by employees due to illegal operations are also work-related injuries, and units that have not purchased work-related injury insurance need to bear full responsibility. According to the relevant regulations, the work-related injury insurance benefits enjoyed by the injured employees according to the principle of no fault and the punishment according to the safety production regulations are different legal relationships, and the two do not affect each other.

Legal basis: Article 73 of the Labor Law of the People's Republic of China Workers are entitled to social insurance benefits under the following circumstances: (1) retirement; (2) Illness or injury; (3) Suffering from work-related disability or occupational disease; (4) unemployment; (5) Childbirth.

After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law. The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations. Social insurance contributions must be paid in full and on time.

Article 41 of the Law of the People's Republic of China on Social Insurance and Travel Closure of the People's Republic of China Article 41 If the employer to which the employee works fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Compensation from the injured company as a result of the employee's illegal operation, depending on the circumstances:

1. To apply to the Human Resources and Social Security Bureau for the identification of work-related injury, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for the appraisal of the working ability and submit an application to the labor ability appraisal committee of the city divided into districts;

3. According to different disability levels, the compensation obtained is different.

If an employee has any of the following circumstances, it shall be recognized as a work-related injury

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. On the way to and from work, being injured by an accident involving a motor vehicle;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

[Legal basis].Article 17 of the Regulations on Work-related Injury Insurance.

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 Control of Occupational Diseases, the unit to which he or she 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, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

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 an 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.

Legal analysis: 1. The illegal operation does not affect the determination of work-related injuries, and the work-related injuries are declared according to the normal process;

2. After the work-related injury is identified, the labor ability appraisal will be carried out and the relevant work-related injury treatment will be enjoyed.

If it is a work-related injury, the work-related accident shall be declared first, and the specific compensation items and amounts can be determined according to the results of the disability appraisal and the income level of the injured person, and the individual, and then negotiated, and if no agreement can be reached, it can be resolved by litigation, and if necessary, a lawyer shall be entrusted to deal with it for you.

Legal basis: Regulations on Work-related Injury Insurance

Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

If the enterprise goes bankrupt, it shall give priority to the payment of work-related injury insurance benefits that should be paid by the unit in accordance with the law at the time of bankruptcy liquidation.

Article 42 Where an employee is dispatched to work abroad and is required to participate in the local work-related injury insurance in accordance with the laws of the country or region to which he is going, he or she shall participate in the local work-related injury insurance, and his domestic work-related injury insurance relationship shall be suspended; If they are unable to participate in the local work-related injury insurance, their domestic work-related injury insurance relationship shall not be suspended.

Article 43 Where an employee suffers another work-related injury and shall be entitled to disability allowance in accordance with the regulations, he or she shall be entitled to disability allowance according to the newly recognized disability level.

In addition to injuries suffered in the course of normal work, the second is to participate in national rescue and disaster relief activities, and in order to safeguard national interests and safeguard public interests, even if they are not injured at work, they should be counted as work-related injuries for work-related injury compensation.

Legal analysis: If an accident is injured during working hours and in the workplace due to work-related reasons, it shall be recognized as a work-related injury. The principle of workers' compensation is no-fault liability.

The principle of no-fault liability refers to the reason for imputing liability that does not take the subjective fault of the parties as a necessary element of tort in accordance with the law, that is, regardless of whether the parties are subjectively at fault or not, they should bear the corresponding legal responsibility. In short, if an employee is injured in an accident during working hours, in the workplace, or in the performance of his or her job duties, regardless of whether the employer is subjectively at fault or not, he or she shall bear the corresponding liability for work-related injuries.

Therefore, a worker cannot be exempted from liability for all or part of the work-related injury because he or she is at fault in the work-related accident.

Legal basis: Article 14 of the Regulations on Work-related Injury Recovery Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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.

The Labor Law stipulates that if a factory employee is involved in a traffic accident during the commuting period, if it is not the dust for which he or she is primarily responsible, it is a work-related injury and the employer shall be responsible.

The legal basis is not Zen:

Regulations of the People's Republic of China on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) During working hours and in the workplace, he or she is injured by an accident 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.