How Do Employees Share Responsibility When They Get Injured On The Way To Work?

In early February of this year, Wang was contacted by Chen to jointly arrange waste lines for a company in Juxian, with a reward of 60 yuan per person per day.

At 15:30 on February 10th, after eating lunch in the canteen of the company's subordinate units, Wang went to work place by riding an electric tricycle, and accidentally caused a unilateral rollover accident on the way, resulting in a fracture of his left leg.

Wang believes that he was on his way to work.

And then asked the company.

After failing, the company and Chen went to court.

When a worker is injured on the way to work due to rollover, can he ask the employer to make compensation?

The company believed that the unit only hired Chen to arrange the line, and Chen himself contacted Wang to engage in specific work. There was no employment relationship between the unit and Wang. In addition, Wang's accident was a unilateral accident and should be borne by himself.

The court held that Wang's injury was not due to injury.

However, its working place is an essential process of engaging in labor services, and has certain connection with the employment activities. Therefore, the company should bear the corresponding liability for compensation, taking 20% into consideration.

At the same time, Wang's injuries were caused by improper driving of his electric tricycle. He should bear the main fault liability for no external force.

Chen only played a role in recommending the recommendation. His work content and remuneration standard were the same as those of Wang, and he didn't get any extra benefits. Therefore, Chen and Wang should be jointly employed by the company. Chen had no fault for Wang's injuries and should not be held responsible.

The court ruled that the company had lost 2 million yuan in compensation for Wang.

Related links:

Wu is engaged in administrative work in a company in this city. According to the requirements of the company, he has two days' duty on duty during the National Day holiday this year.

Wu wants to ask the following questions: how do the relevant laws define "duty" and "overtime"? If he can give evidence to prove that his situation is still "overtime", how should he calculate overtime pay during the National Day holiday this year?

Comment

Wang Fan, a lawyer at Hongjia law firm in Beijing, said: according to the relevant regulations of the city, the duty includes the following situations: (1) the employer arranges the duty on duty for workers who have nothing to do with their duties because of the needs of safety, fire protection, holidays and so on; (2) the employer arranges the workers to engage in duty related duties related to their duties, but they can rest during their duty.

According to the regulations, workers can ask employers to pay the corresponding treatment according to the labor contract, rules and regulations, collective contracts or routines while on duty.

According to the notice of the general office of the State Council on arrangements for some holidays in 2015, the National Day holiday in 2015 will be arranged for 7 days in from October 1st to 7th.

According to the relevant regulations, employers should pay overtime wages in accordance with 300% of the daily or hourly wage of workers in October 1st, October 2nd and October 3rd.

During the period from October 4th to 7, employers arranged overtime work for workers, and they could choose to arrange compensatory rest for workers instead of paying overtime wages. If they did not give up the rest, they should pay overtime wages not less than 200% of their daily or hourly wages.

When calculating overtime wages, the daily wages are converted to 21.75 days on the basis of the average monthly payroll days, while hourly wages are divided by 8 hours on the basis of daily wages.

That is: the overtime wage of holidays = the base number of overtime pay is 21.75 x 300%; the overtime wage of rest day = the base of overtime pay is 21.75 x 200%; the overtime pay per hour is divided by 8 hours per day overtime wage.

When determining the calculation base of overtime pay, the labor contract has a definite stipulation for wages, and shall be determined according to the wage standard corresponding to the post of the laborer.

If the labor contract has no definite agreement on wages, it shall be executed according to the collective contract.

For example, the wages of employees are the minimum wage standards in Beijing. According to the current minimum monthly wage standard of 1560 yuan in Beijing, the workers work overtime on National Day October 1st, October 2nd and October 3rd, and the daily overtime pay is 1720 yuan 21.75 x 300%=237 yuan.

And 4 to 7 days overtime, the daily overtime pay is 1720 yuan 21.75 x 200%=158 yuan.