Work Accident On The Way To Work, Visual Impairment, Injury

In September 11, 2014, Qin song, a technical leader in a coal mine, took the car which was driven by Lai Wei, a coal mine driver. He collided with other vehicles on the way, and the head of Qin song was hit in the car.

In September 16th of that year, chin song was diagnosed with "right eye rhegmatogenous retinal detachment" because his right eyesight decreased rapidly.

Identified by the judicial expert institution, it is the result of "the combination of traffic accident and retinal tissue structure."

After the application of Qin song, local people's Bureau decided to make a work-related injury.

The coal mine refused to accept the complaint to the local court.

In the first instance, the coal mine asked whether Qin song was there.

If it is injured, whether the retinal detachment in the right eye is related to the injury; if so, the relationship between the injury and the rhegmatogenous retinal detachment of the right eye should be re identified.

After re entrusting the appraisal agency, the court decided to identify second items, because the coal mine did not cooperate with the uncompleted appraisal.

The court held that according to Qin song and Lai Wei's testimony, it could prove that Qin song's head was hit in a traffic accident, and the coal mine could not prove that Qin song was injured again after the accident occurred. He should bear the burden of proof and not have legal consequences.

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The coal mine is determined by the first instance court.

On the grounds of error, appeal is made.

The court of second instance, after hearing, finally decided to reject the appeal of the coal mine and maintain the original judgment.

The judge said:

According to the sixth provision of article fourteenth of the industrial injury insurance Ordinance, workers should be identified as work-related injuries if they are injured by traffic accidents or urban rail pit, passenger ferry and train accidents on their way to and from work.

In this case, there is a labor relationship between Qin song and coal mine. It is also a fact that it is injured on the way to work. The focus of controversy is whether the results of retinal detachment after accidents are related to traffic accidents.

According to the opinion of the appraisal department's "joint effect of traffic accident and retinal tissue structure weakness", the coal mine should be identified as work-related injury without sufficient evidence to reverse the conclusion.

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Hu is preparing to set up an investment management company to recruit Chen as the personnel manager of the pre established company during the preparation period, and assign her to handle matters such as company registration, personnel recruitment and other matters, and report to Hu.

After the entry of Chen, Hu has been urging Chen to draw up a labor contract template as soon as possible so as to sign a written labor contract with his employees as soon as possible after the company is registered.

Chen has been delayed for a long time until the company has completed the registration of labor contracts after several months of registration, and sent it to Hu in the form of e-mail. After verification and confirmation on the same day, Mr. Hu arranged for all personnel to sign a labor contract, and the date of signing the contract was written as the actual date of entry.

However, Chen and his company signed the contract in particular.

A few months later, Chen resigned, but after leaving, Chen filed an arbitration application and asked the company to pay double wages from the date of employment from the date of the contract to the actual date of signing.

Chen is a personnel manager of the company. Because he has not worked out a labor contract, he has not written a written labor contract in time. Does the company still have to pay double wages without written labor contracts?

Chen believes that signing a labor contract is a statutory obligation of the company. Chen also works as a recruited employee, and her position does not affect her rights as an ordinary laborer.

The company believes that the company has been urging Chen to complete the draft of the labor contract template as soon as possible. Chen has been delayed in his own work, which led to the fact that the labor contract of all the staff members of the company had not been signed in time. Chen had an inescapable responsibility for this. The company did not have to pay double wages.

The Arbitration Commission believes that Chen, as a personnel manager, has drawn up a labor contract template to complete the labor contract signing work between the company and his employees, which is within the scope of his duties. Chen's negligent performance of his duties has led to the failure of the two parties to bear the responsibility for signing a written labor contract in time.

Therefore, he rejected Chen's request for a double wage without signing a written labor contract.

The eighty-second provision of the labor contract law stipulates that "if the employer fails to conclude a written labor contract with a worker for more than one month after the day of his own employment, he shall pay the laborer two times the monthly salary."

The provision is designed to protect workers' rights and interests, and strictly requires the units to sign written labor contracts with workers in time.

Therefore, in the general worker's case, as long as the unit fails to sign a labor contract with the laborers in time, it must bear the responsibility of paying double wages.

But for general managers, personnel managers and other special groups who have the power of personnel management, in judicial practice, the reasons and faults should be strictly examined when dealing with disputes involving double pay for unwritten labor contracts.

Usually, a referee will examine the specific duties, duties and terms of reference of the laborers, and examine the process of concluding written labor contracts between the employer and the laborer, so as to determine whether the worker is responsible for the personnel management work of the employing unit, and whether there is a case where the laborer deliberately does not enter into a written labor contract with the particularity of his authority.

Therefore, in such cases, whether or not the unit needs to bear double pay is mainly based on whether the employer can provide evidence to prove that the work responsibilities and terms of reference of the workers include personnel management, the signing of labor contracts and their related duties, and the fact that the unit has made an honest and sincere discussion on business obligations, and that the fault should be placed on the worker side without the written labor contract.

In this case, Chen's position is the personnel manager, from Hu to Chen's urging mail and Chen to send the labor contract template to Hu's mail, and all the staff's labor contract signing work is completed by Chen arrangement. It can be proved that the work of signing the labor contract belongs to Chen's duty scope, so the two parties have not signed the labor contract because Chen is lazy in exercising his job duties.

The parties can not benefit from their mistakes, which is also the basic principle of civil law.

Therefore, Chen's request was not supported.