How To Compensate For Injuries Caused By Labor Service

When the labor service is injured, the employer is liable to compensate for the fault.

In June 2014, Wang had hired Ma Mou and Qin Mou to build roofs for Zhang's plastic processing plant from the labor market. Ma was responsible for driving the crane to lift tiles. The daily labor cost was 400 yuan. Qin was responsible for hanging tiles on the roof, and the daily labor cost was 200 yuan.

To save costs, scaffolds only use triangular ladder as support.

On the afternoon of 15 July, when Qin stood on a scaffold, the crane cage of Ma Mou ran into a scaffold, and the scaffold shook. Qin stood down and fell to the ground, resulting in a fracture of the left calcaneus.

After treatment by the hospital, Qin spent a total of 1875 yuan on medical expenses.

The two sides failed to negotiate on compensation matters, and Qin took Wang to court.

The court heard that there was a personal labor relationship between Wang and Qin, and Wang accepted it.

He failed to ensure that the labor facilities were in line with the safety conditions, nor did he give any safety instructions and prompting obligations to ma. He should bear the main responsibility for the damage suffered by Qin.

People with ability ignore their duty of safety attention.

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The court finally sentenced Wang to pay 1500 yuan for compensation for Qin's medical expenses.

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The applicant Chen and other six people are the welders of the sheet metal Department of a science and technology company. At noon break time in May 28, 2015, the applicant, Chen and others, carried out "bullfight" in the workshop of the sheet metal Department of the company (playing cards of a poker card, eating bigger and smaller, and winning the bigger losers). They were seized by the company's managers on the spot, involving an amount of more than 90 yuan.

After the completion of the review by six applicants, Chen admitted that his behavior was gambling, which was a serious violation of the factory rules.

In May 29th, according to the relevant provisions of the employee handbook, the respondent was expelled from the company within one of the following circumstances, and dismissed the applicant, Chen and others.

The applicant applies for arbitration, requiring the company to pay about 200000 yuan of compensation for breaking the labor relationship illegally.

The Arbitration Commission tried to confirm that the labor relations had been lifted, and support for Chen and other six people demanding that a technology limited company pay the compensation for breaking the labor contract illegally.

The formulation of rules and regulations should not only comply with the law, but also be reasonable and reasonable, and should not be magnified, and can not exceed the scope of labor process and labor management, so as to infringe upon the individual freedom and basic rights of laborers.

Then, during the rest period, employees play cards and entertainment, and the unit's excuse is serious violation of discipline and the termination of the labor contract. Is it reasonable and lawful?

The employer's rules and regulations are the code of conduct for employing units and labourers in the process of labor. On the basis of not violating the laws and regulations of the state, the employing units can formulate lawful and effective rules and regulations that are suitable for the characteristics of the enterprises, and are also important means to ensure that the employing units are constantly pferring and remain competitive in the market economy.

However, the formulation of rules and regulations should be consistent with the provisions of the law, and it should be reasonable and reasonable. It can not be enlarged indefinitely, not beyond a certain scope, and can not infringe upon the individual freedom and basic rights of laborers.

Rest time is the time for workers to exercise their own time outside the statutory working hours, which is used by workers to rest and adjust, so that the body can be fully rested in order to enhance physical strength, eliminate fatigue and improve work efficiency, and different people have different ways of rest.

For example, some people smoke cigarettes, relieve fatigue, others take a nap, relieve fatigue, others sing songs, relieve fatigue, and so on.

In this case, the applicant, Chen and others, played cards in the workplace at noon break time, which constituted a serious violation of discipline. In our view, playing cards did not have a negative effect on the reputation of the company. Two, it did not affect the normal production and operation of enterprises. In conclusion, the six persons playing cards during the break time were not serious violations of discipline.

Referring to the ninth interpretation of certain issues concerning the specific application of laws in dealing with gambling criminal cases, it is not for the purpose of profit, to carry out entertainment activities with a small amount of property and win and win, and to provide chess and card rooms and other entertainment establishments that only charge normal places and service charges, and so on.

In this case, the applicant, Chen and other six people in the workshop, "bullfight" in the workshop, is not for profit purposes, each bet 5 to 10 yuan, involving a total amount of only 90 yuan, and no one from pumping water, fishing behavior, and no public security administrative department recognized that it is gambling behavior, apparently not gambling, and six applicants wrote a review book, has recognized their mistakes, the image and reputation of the enterprise should not cause serious consequences, employers to workers in the company gambling grounds, expelled from the law.