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The Company is not responsible for anything. It is said that there are disputes between employees in the company, and your company should have its own rules and regulations, and employees must abide by the law and abide by the company's regulations during working hours. Employee fighting is inherently prohibited, and it is not too much for the company to immediately fire the employee.
The beaten employee had a civil dispute with himself and had nothing to do with the company.
Legal analysisFirst of all, it is easy to determine whether it is during working hours and in the workplace, and if you are not working during working hours and in the workplace, you will definitely not be recognized as a work-related injury. Second, whether the performance of duties is controversial in practice. In fact, the key is to see whether the reason for the fight between the two parties is related to the victim's own work, because each employee has a clear work content when he or she works in the unit, and if the cause of the fight has nothing to do with the victim's work content, of course, the fight injury cannot be recognized as a work-related injury.
For example, disability caused by a fight caused by a personal grudge between the two parties, or personal revenge for other reasons, cannot be recognized as a work-related injury. Thirdly, if the victim's behavior is a crime or violates the Public Security Administration Punishment Law, it cannot be recognized as a work-related injury. The Injury to Work Act provides for:
Injuries that occur during working hours, at the place of work, or due to work-related reasons are considered work-related injuries. The employee's behavior has nothing to do with the company's work. If the employee is injured in a fight and does not meet the conditions for work-related injury, it has nothing to do with the company, and the injured employee's medical expenses, lost work losses and other expenses should be dealt with in accordance with the relevant provisions of civil torts, and even if the perpetrator constitutes a crime, the victim can also file a civil lawsuit attached to the criminal case to claim compensation.
Not all injuries suffered in the company must be borne by the company, the nature of the injuries is different, the regulations for which the company should be responsible are different, and for fights, not to mention the responsibility within the company, there is no punishment or dismissal, which is already considered a minor consequence.
Legal basisRegulations on Work-related Injury Insurance Article 16 Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be deemed to be a work-related injury or treated as a work-related injury: (1) an intentional crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.
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The company must be responsible and must deal with it seriously, with bonuses deducted at least and dismissal at worst! <>
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If two employees are injured in a fight while at work, the company is indeed responsible. If two people are injured in a fight outside, it has nothing to do with the company and is not responsible.
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If two employees get involved in a fight and are injured while working in your company, the company will be responsible, and if they are not in the company, they will not be responsible.
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Hello! The injury of two employees in a fight has nothing to do with the company, this is generally a personal act.
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This company must be responsible, because two employees fight during the company's working hours, and the company must be responsible.
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It is necessary to see what the cause of the fight is, what kind of consequences it causes, whether there is financial or personal harm involved, and whether there is a conflict between the outside world that leads to the fight. These comprehensive factors can be combined to determine whether it is related to the company and whether the company needs to bear the consequences.
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Two employees were injured in a fight. The company bears the management responsibility, not the main responsibility, and the two parties are mainly responsible for the other party.
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The company bears secondary responsibility, and the employees bear the main responsibility, after all, it is a fight during working hours, so the company cannot get out of it.
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Fighting in the company should be a work thing, so if someone is injured, the company must also be responsible for a part, and the employee, who must be punished, also has to take a part of the money.
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First of all, it's all in the company. Of course, the company is irresponsible, because all fights belong to it. Illegal, so the company will not be responsible.
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No, this is a personal matter, and it would be good if the company could mediate, or even directly dismiss the two for violating the system.
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If you work in the company, the company also has a certain responsibility, and as long as it has nothing to do with the company's business outside the company, there is no company business.
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The company has the right to punish and the responsibility to call the police, the injured should be sent to the hospital in time, as well as cooperate with the first evidence, for the occurrence of medical compensation, the people's court should be responsible for the trial!
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Yes, during work, it is a work-related injury.
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Summary. Hello, two employees were injured in a fight and the company is not responsible. The company should have its own rules and regulations, and employees must abide by the law and abide by the company's regulations during working hours. Employee fights are inherently forbidden.
Hello, two employees fighting and rushing to crack and injured the company does not need to be responsible. The company should have its own rules and regulations, and employees must abide by the law and abide by the company's regulations during the work hours. It is forbidden for employees to fight in the first place.
Legal analysis: The responsibilities of an enterprise to its employees are: First, to effectively protect the life safety and health of employees.
This is the primary responsibility of enterprises to respect and protect human rights. If an enterprise has a safety accident twice in three days, it will violate the human rights of employees, cause great harm to employees and their families, affect social harmony and stability, and ultimately endanger the stability and development of the enterprise.
Legal basis: Article 102 of the Labor Law of the People's Republic of China: If an employee terminates the labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters agreed in the labor contract, and quietly sentences the employer for economic losses, he shall be liable for compensation in accordance with the law.
Hello, let the employees get along harmoniously and get along with each other in a harmonious manner: 1First of all we have to keep smiling, 2
We are to have a loving heart, 3Colleagues should help each other, 4We must be sincere in treating our colleagues Chun Tong Xian, 5
The work that colleagues want to do should also be shared and overcome difficulties together.
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Legal Analysis: The Company is not liable. For the behavior of employees who deliberately ** others during work, the company's possible liability is mainly criminal liability and civil liability.
In terms of criminal liability, for criminal acts, according to the principle of proportionality of criminal responsibility and punishment, it should be borne by the personnel who committed or participated in the crime, and for the criminal acts of employees, they may be suspected of constituting intentional homicide, and the employees who committed the criminal acts should bear criminal responsibility, and the company did not participate in and carry out specific criminal acts, and according to the provisions of the criminal law, the company cannot constitute the criminal subject of intentional homicide, so it does not bear criminal responsibility. In terms of civil liability, the company's employees' infringement of the lives or physical health of others constitutes a tort in civil law and should bear tort liability, but because the company did not instigate, participate in or assist the company's employees in infringing on the lives or physical health of others, there is no fault in the civil law, so the company does not bear the civil liability for tort. Therefore, for the behavior of employees in the company, whether it is criminal liability or civil liability, it should be borne by the employee who carried out the specific behavior, and the company is not liable.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they 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: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but has any of the following circumstances, it may be recognized as a work-related injury or treated as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or addicted to drugs; (3) Self-harm or suicide.
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Summary. Hello dear dear, whether an employee's fight injury is a work-related injury needs to be analyzed in combination with the cause of the fight, and the injured employee can claim compensation for personal injury from the other party; If the fight is related to the content of the work, you can apply for work-related injury recognition and enjoy work-related injury insurance benefits in accordance with the law, otherwise, the company will not be liable, and the employee can also be dealt with in accordance with the company's rules and regulations.
Hello dear dear, whether an employee's fight injury is a work-related injury needs to be analyzed in combination with the cause of the fight, and the injured employee can claim compensation for personal injury from the other party; If the fight is related to the content of the work, you can apply for a work-related injury recognition and enjoy work-related injury insurance benefits in accordance with the law, otherwise, the company will not be liable, and the employee can also be dealt with in accordance with the company's rules and regulations.
One party takes the initiative and causes a dispute.
According to the Regulations on Work-related Injury Insurance, "a person who is injured by violence or other accidents during working hours and in the workplace due to the performance of his or her work duties" shall be deemed to be a work-related injury. The so-called "accidental injury such as violence in the performance of work duties" should be interpreted as the injury caused to the employee by violence caused by others due to disobedience to the management behavior of performing work duties, and there should be a causal relationship between the violent injury and the performance of work duties.
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Summary. Hello dear <>
We're happy to answer your <>
If an employee is injured in a fight, if it is recognized as a work-related injury and the enterprise has paid work-related injury insurance for him, the enterprise shall not be liable, but the work-related injury insurance** will pay the relevant expenses; If the enterprise fails to pay social insurance, the enterprise shall be responsible; If it is not a work-related injury, the person responsible for causing the injury shall be liable.
Is the company responsible for an employee who is injured in a fight in the company.
Hello dear <>
Happy Blind Learning]! We're happy to answer your <>
If an employee is injured in a fight, if it is recognized as a work-related injury and the enterprise has paid work-related injury insurance for him, the enterprise shall not be liable, but the work-related injury insurance will pay for the relevant expenses; If the enterprise fails to pay social insurance, the enterprise shall be responsible; If it is not a work-related injury, the person responsible for the injury shall be held responsible.
Legal basis: Article 62 of the Regulations on Work-related Injury Insurance: If an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and collect a late payment penalty of 5/10,000 of the refund from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed. If an employee of an employer who should participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.
Two employees were injured One is a light one A heavy one is called to the police, and he lives in Gongzhu Yun Min'an Hospital and has four stitches on his eyebrows Light one is in the People's Hospital I am a family member of a lightly injured person.
According to the relevant provisions of the Regulations on Work-related Injury Insurance, if the injury is recognized as a work-related injury, you can enjoy the following work-related injury benefits: (1) The medical expenses shall be paid in full by the employer; (2) During the period of suspension of work and salary (during the period of work-related injury ** and **), the wages shall be paid according to the original treatment; (3) If care is needed during the period of suspension of work, retention, and dismantling, the unit shall be responsible; (4) The subsidy for food leakage during hospitalization shall be paid according to the standard of the place where the injured employee is located; (5) If the person is disabled at grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time xing disability subsidy, one-time xing work-related injury medical subsidy (received after the termination of the contract for grade 5-10 disability) and one-time xing disability employment subsidy (received by the travel inspector after the termination of the contract for grade 5-10 disability). Due to the different standards stipulated in the Regulations on Work-related Injury Insurance, the amount of compensation received varies from place to place.
It depends on whether you want to hold that person criminally responsible! And the extent of the injuries and the cause of the incident!
Burden: fù dān fee, expense.
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