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Anonymous users2024-02-11As long as the injury is due to work-related reasons, it shall be recognized as a work-related injury. If a worker is injured in an accident at work despite fraudulently using another person's identity to establish an employment relationship with the employer, it shall be deemed to be a work-related injury. If the labor contract concluded is invalid, the applicant shall apply for work-related injury determination and labor ability appraisal on the basis of a de facto labor relationship, and apply to the employer for work-related injury insurance benefits.
If an employee is injured in a work-related accident by fraudulently using another person's identity, even if the employer has paid the work-related injury insurance premium, the insured person recorded by the social insurance institution is no longer among them, so the social insurance institution will not compensate him. As a consequence of this, in judicial practice, since the employee is at fault for fraudulently causing the other party to establish an employment relationship contrary to his true intentions, the employer and the employee generally share the liability for compensation, and the employee needs to bear most of the liability for compensation. If an employee and the employer use a fake identity to identify work-related injuries and apply for work-related injury insurance benefits from social insurance institutions, even if they succeed, once they are exposed, they will be punished for fraud in social insurance**, and may even be investigated for criminal liability.
Honesty and credibility is the duty of a person, and it is not advisable for employees to fraudulently use others to apply for jobs. Article 88 of the "Social Insurance Law" Whoever obtains social insurance benefits by fraud, falsification of supporting materials or other means shall be ordered by the social insurance administrative department to return the social insurance money obtained by fraud and shall be fined not less than two times but not more than five times the amount obtained by fraud. Article 94: Where violations of the provisions of this Law constitute a crime, criminal responsibility is pursued in accordance with law.
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Anonymous users2024-02-10Count, you are an employee of the factory when you enter the factory and do things for the factory. They're responsible.
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Anonymous users2024-02-09It is not a work-related injury, but the family can claim social security, wages and other rights, and the injury suffered during working hours and at the place of work due to work-related reasons is a work-related injury.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 If an employee has any of the following circumstances, it shall be recognized as a work-related injury:
1) Fengji 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 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.
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Anonymous users2024-02-08Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 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-related reasons;
2. Injured in an accident while engaged 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.
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Anonymous users2024-02-07Legal Analysis: Count. The employer shall, in accordance with the relevant provisions of the state, pay work-related injury insurance premiums for part-time workers who have established a labor relationship.
Workers engaged in part-time work are entitled to work-related injury insurance benefits in accordance with the law. If the employee is assessed to have a disability of grade 5-10, the employee and the employer may settle the disability benefits and related expenses in a lump sum upon consultation between the employee and the employer. In addition, the Regulations on Work-related Injury Insurance stipulate that if an employee of an employer who should participate in work-related injury insurance but does not participate in work-related injury insurance compensates for work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.
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) Injured in an accident while engaged 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.
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.
During working hours and in the workplace, it is a work-related injury that is injured by an accident such as violence in the performance of work duties. If it does not fall under the above conditions, it cannot be recognized as a work-related injury, and the infringer shall bear the liability for compensation, and the employer shall not be liable for compensation in the case of mutual assault. >>>More
If you want to resign, you only need to submit a notice of resignation in writing to the employer 30 days in advance (3 days in advance during the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Handover (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law. >>>More
1. If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days in advance during the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Transfer (Documents and Materials) of the Employee", and the consent of the employer is not required. If you continue to work for 30 days, you can apply to the employer for resignation the next day, and the employer should handle the formalities (Article 31 of the Labor Law and Article 37 of the Labor Contract Law), pay your salary in full in a lump sum (Article 9 of the Interim Provisions on Payment of Wages), and issue you a certificate of resignation (Article 50 of the Labor Contract Law), otherwise the employer will be in violation of the law. >>>More
Clerk. and the two positions of general factory workers, the former work is relatively flexible, the time is also freer, the work is simple, the salary may be relatively stable, and the increase will not be large; The latter will be more restrictive, the factory management is stricter, and the time is more free, but the wage fluctuation may be larger, which depends on the way the factory calculates wages. It depends on what kind of work you want to find, or what kind of work you can accept and what you need, if you want a high wage, of course, the factory will be more likely, if you don't want to be managed too much, you want to be free, it doesn't matter if the salary is low, the clerk will be better. >>>More
Where they are hit by a car on the way off work and are not primarily responsible, it shall be found to be a work-related injury. >>>More