Refuse To Pay Funeral Allowance On The Grounds Of Enjoying Compensation For Traffic Accident.

Zhao's father was a worker of a property company in Ji'nan, and the property company did not pay social insurance premiums for them. In September 7, 2013, Zhao died of traffic accident. In November 29th, Zhao and the accident Fang Dacheng mediation agreement were made by the offending party. compensate for Zhao's death compensation, funeral expenses, mental solatium, medical expenses and so on 400 thousand yuan. In January 13, 2014, Zhao complained to the Ji'nan City Central Labor and personnel dispute arbitration committee, requesting the property company to pay. Funeral allowance And one-time relief fees. After the Arbitration Commission decided, the property company refused to accept the case and referred to the central district court.

The property company claims that it is based on the Shandong Provincial Department of labor and social security Workers After the death of the traffic accident, the enterprise has paid a reply to the enterprise's pension after payment of the economic compensation "([1999]43). The compensation for the traffic accident has already paid the relevant treatment, and the enterprise no longer pays the corresponding treatment. The accident party has already compensated Zhao, so the unit should not pay any more subsidy.

The court found that in 2012, the average wage of the employed workers in Ji'nan was 40179 yuan.

The court held that according to the provisions of the labor law, workers enjoy the right to enjoy social insurance and welfare. The notice on adjusting the funeral allowance for employees of enterprises ([2003]53) stipulates that the standard of funeral allowance will be adjusted to 1000 yuan per person after the death of employees. The notice on adjusting the subsidy standard for the living difficulties of the employees after death due to illness or non work related death, stipulates that if a worker has immediate family members after death due to illness or non work, he shall issue 10 months' monthly average wage relief for the whole province. Because the property company did not pay social insurance premiums for Zhao Fu, the social insurance and welfare that Zhao should enjoy should be paid by the property company. In addition, Zhao's request for funeral allowance and one-time relief is the social insurance and welfare that he should enjoy in accordance with the law. It does not belong to the relevant treatment paid by the traffic accident compensation, so he does not support the complaint of the property company. Accordingly, the court decided: the property company pays a $1000 funeral subsidy and a one-time relief fee of 33482.5 yuan.

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"I didn't expect to solve the problem in just 3 days. The action of the trade union cadres is really strong!" on the phone, Xiao Zhang of Yibin, Sichuan, was very grateful for the timely help of the Yibin trade union when their rights and interests were damaged.

Xiao Zhang has worked in an enterprise in Yibin for 8 years. After the Spring Festival, the unit should sign an unfixed term labor contract. Unexpectedly, 1 months ago, he received the notice that the unit should terminate the labor contract with him. Xiao Zhang felt his rights and interests were infringed, and then went to the Yibin Federation of trade unions for assistance. The relevant head of the general law guarantee department of Yibin City, after knowing the situation, put forward the remedial wage to the workers and enterprises on the basis of facts and laws, and paid or compensated for some pension insurance, housing accumulation fund, one-off compensation for unemployment insurance benefits and payment of workers' economic compensation.

3 days later, the employer paid the sum of 40 thousand yuan to Xiao Zhang in full. The head of the general law guarantee department of Yibin said that once labor disputes occur, workers should actively seek union organizations' help. Trade unions will resolve disputes through consultation and mediation according to specific circumstances. Short time and easy execution can save laborers' rights protection costs, which is a relatively simple and effective way to deal with labor disputes.