Whether the labor arbitration department of the construction industry fatal accident is not accepted

If the fatal accident in the construction industry exceeds seven days but does not exceed one year, or although it exceeds one year, the statute of limitations is interrupted or suspended, and the labor arbitration department accepts it.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

The statute of limitations for labor arbitration is one year, and seven days has no effect, and the question is whether it is a labor dispute. If the personal accident caused by the employment of a private contractor is not a labor dispute, the labor arbitration will not accept it, and you have to go to the court to sue for compensation. It is necessary to clarify the subject of compensation, and one of the parties to labor arbitration must be an entity and not a private person.

If necessary, you can go to the local judicial bureau to apply for legal aid.

Regardless of whether it is accepted or not, you will be notified in writing.

No, wait patiently, it will be very slow to go through the procedure.

Go to the human resources and social security administrative department to complain and report. If it is useless, apply for labor arbitration, and if the arbitration is not accepted, go to the people's court to file a lawsuit.

The Measures for One-Time Compensation for Personnel of Illegal Employers shall apply

Article 6 Where a person is injured in an accident or suffers from an occupational disease resulting in death, a one-time compensation shall be paid at the rate of 20 times the per capita disposable income of urban residents in the previous year, and funeral subsidies and other other compensation shall be paid in a lump sum at 10 times the per capita disposable income of urban residents in the previous year.

Article 7 Where a unit refuses to pay a lump sum compensation, the close relatives of the disabled or deceased employee, the disabled child worker or the close relatives of the deceased child worker may report to the administrative department of human resources and social security. If it is verified to be true, the administrative department of human resources and social security shall order the unit to make corrections within a set period of time.

The employer's lack of a business license does not affect the determination of work-related injuries, and the key is to see whether the conditions for recognition of work-related injuries are met.

See: Regulations on Work-related Injury Insurance

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

Article 66 Where an employee of a unit that does not have a business license or has not been registered or filed in accordance with law, or an employee of a unit whose business license has been revoked or whose registration or filing has been revoked in accordance with law, is injured in an accident or suffers from an occupational disease, the unit shall give a lump sum compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in these Regulations; Where an employer uses child labor to cause disability or death as a result of child work, the employer shall give a lump sum compensation to the child worker or the child's close relatives, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in these Regulations. The specific measures shall be prescribed by the social insurance administrative department.

Where the close relatives of the disabled or deceased employees provided for in the preceding paragraph have a dispute with the employer over the amount of compensation, and the child laborers or close relatives of the child laborers provided for in the preceding paragraph have a dispute with the employer over the amount of compensation, it shall be handled in accordance with the relevant provisions on the handling of labor disputes.

In this special case, senior legal issues, it is recommended that you go through the lawyer's post bar, go to the lawyer, ask the lawyer to help, and let the lawyer help. A solution will be given.

According to the relevant provisions, the following circumstances will not be accepted: 1. The applicant does not have the qualifications of the subject;

2. The claimant has no direct interest in the dispute applied for arbitration; The applicant is not a party to the arbitration of labor and personnel disputes; The applicant is not the legal heir or interested person of the deceased employee.

3. The content of the dispute does not fall within the scope of the labor and personnel dispute arbitration commission.

4. Disputes shall not be under the jurisdiction of the BAC.

5. The application for arbitration has exceeded the statute of limitations for applying for arbitration as prescribed by law.

6. The application and related materials do not meet the requirements.

Labor Dispute Mediation and Arbitration Law

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.

1. The applicant does not have the subject qualification. 2. The claimant has no direct interest in the dispute applied for arbitration; The claimant is not a party to the labor arbitration; The applicant is not the legal heir or interested person of the deceased employee. 3. The content of the dispute does not fall within the scope of the labor and personnel dispute arbitration commission.

4. Disputes do not fall under the jurisdiction of the Arbitration Commission. 5. The application for arbitration has exceeded the statute of limitations for applying for arbitration as prescribed by law. 6. The application form and related materials do not meet the requirements.

In accordance with Article 2 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, this Law shall apply to the following labor disputes between employers and employees 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.

You can report to the local area: Enterprise Labor Dispute Mediation Committee; lawfully established grassroots people's mediation organizations; Organizations established in townships and neighborhoods with labor dispute mediation functions shall apply for mediation or labor arbitration.

According to the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China".

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 10 In the event of a labor dispute, the parties may apply for mediation to the following mediation organizations:

1) Enterprise Labor Dispute Mediation Committee;

2) Basic-level people's mediation organizations established in accordance with law;

3) Organizations established in townships and neighborhoods with labor dispute mediation functions. The enterprise labor dispute mediation committee is composed of employee representatives and enterprise representatives. Employee representatives shall be appointed by members of the trade union or elected by all employees, and enterprise representatives shall be designated by the person in charge of the enterprise.

The director of the enterprise labor dispute mediation committee shall be a member of the trade union or a person nominated by both parties.

This is an issue of medical expenses and compensation for work-related injuries, which is under the jurisdiction of the labor arbitration department, and you can apply to the local labor arbitration department for labor arbitration, as follows:

Law of the People's Republic of China 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.

In the event of a work-related accident on a construction site, you can contact the local housing and construction department, safety supervision department, labor department, labor arbitration commission, etc. Because the efficiency of dealing with such accidents is not exactly the same in different places and departments. Therefore, it is not possible to generalise as to which department is most effective.

Go to the local safety supervision station, the most direct and effective, I am from the construction unit, I know better.

You go to the lawsuit, you lose. Noisy is the most effective way to do it!

Because: the labor department can be bought!

Resources.

Find the labor department. (Bureau of Labor). If a de facto employment relationship is formed... You can claim compensation... Legal assistance may be sought ... If you go to court, you don't have to pay...

Work-related accidents should be handled by the work-related injury department or labor department of the local labor administrative department.

In accordance with 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 region. 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 immediate family members 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 labor and social security 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.

Please go directly to the court to file a lawsuit.

Zongheng Legal Network Yuan is a lawyer.

The company has not paid social security, and if the application for arbitration is not accepted, you can file a complaint with the labor inspectorate.

There are three ways to remedy the employer's failure to pay social insurance, namely, labor dispute arbitration; Lodge a complaint with a labor inspectorate or social insurance collection agency; File a lawsuit with the people's court.

Paragraph 3 of Article 83 of the Social Insurance Law stipulates: "In the event of a social insurance dispute between an individual and his employer, he or she may apply for mediation, arbitration and file a lawsuit in accordance with the law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to handle the matter in accordance with law.

However, due to the fact that there are many types of social insurance disputes between employers and employees, and they involve administrative departments, in judicial practice, there are different ways to deal with social insurance disputes through judicial channels in different places, which are manifested as: the labor arbitration department does not accept it, and the court does not accept it; The labor arbitration department accepts it, but the court does not accept it; The arbitration department accepts it, and the court also accepts it.

Some people believe that social insurance disputes are a tripartite social security dispute between the social insurance agency and the employer or the employee, and since one party is a social insurance agency with administrative authorization, it should be resolved by administrative means, not by arbitration. For example, labor arbitration departments and people's courts have mediation responsibilities when hearing labor dispute cases, but social security disputes cannot be mediated because they are mandatory; Some people believe that it is a statutory obligation for an employer to participate in insurance for its employees in accordance with the law, and it is also a basic labor rights and interests of employees, and when the basic rights and interests of employees are infringed, they can of course be resolved through labor arbitration, and the Labor Dispute Mediation and Arbitration Law has made it clear that "social security disputes" belong to the category of labor disputes.

The local labor dispute arbitration commission will not accept the company's failure to pay social insurance, and the labor inspection and social insurance premium collection and audit department will definitely accept it, and can file a complaint with the labor inspection or social insurance premium collection and audit department.

In 2014, the company went into bankruptcy and liquidation, and you missed the deadline to declare your claims. It's 2020, almost 6 years have passed, and if the company has been liquidated, then your rights can no longer be claimed.