Friday, February 10, 2012

Li Chuansen to reporters to make an explanation

recently , Qingdao City Intermediate People's Court concluded with the special cases: a nearly 60-year-old man after dinner at home, suddenly guilty of the acute disease died, the family of the deceased, however, men's work unit to court. To court, the enterprise did not bother, they think this is a farce,Gucci Canvas Bag, after all, the death of the man with the companies do not have any relationship. However, after the first instance court, was sentenced to a business losing, to compensate the deceased. This enterprise was very puzzled, filed an appeal to the Qingdao Municipal Intermediate People's Court. However, the Intermediate People's Court rejected the corporate appeal, this Editor's Note?
dead old song died on the evening of July 20, 2008, when the death of 59-year-old. The old song before his death in a furniture factory in Jiaozhou City, the day after work old song back home, but after dinner, the old song suddenly felt a headache, vertigo symptoms. The family quickly sent him to the hospital, rescued two days later, the old song, or the tragic death, the cause is a brainstem hemorrhage. Has been dealt with things,Nike Air Max 180 Mens, the old song of his family began to recall the cause of his death.
However, the business made it clear that there will be no compensation, after all,Gucci Sunglasses For Sale, the old song died in his home and died of illness. However, when the son of the old song when with Jiaozhou Schindler legal services by Li Zhuansen talk about the matter, Lichuan Sen has made it clear that: This lawsuit is something to fight, you can walk the path of non-service-incurred death.
the the Li Chuansen with the families of the old song to find a labor dispute arbitration committee. They say,Nike Air Max Sale, non-service-incurred death of the old song, the furniture factory to pay the funeral expenses, death benefits, the elderly alimony totaling 700 million yuan. The labor dispute arbitration committee ruling: furniture factory is paid to the families of the old song funeral, a one-time charges totaling $ 700 million relief.
furniture factory was incomprehensible to the the Jiaozhou court, filed a lawsuit to request not to pay any fees. However, Jiaozhou Court that a labor arbitration award is correct, just change the amount of compensation the company was ordered to compensate the families of the old song more than 20,000 yuan. In addition, the company needs to payment of hardship allowance of 640 yuan per month to the mother and wife of the old song until the death of two elderly people.
old song is the workers of our business, if he incurred death, we will certainly make compensation, but the old song died at home, his death is not because of work, but because his own illness.
court sentenced furniture factory lost the reason is simple: non-service-incurred death of the old song. However, the law does not clearly defined, in the end what counts as non-service-incurred death, are in addition to service-incurred death, are non-service-incurred death? According to this view, the death of each of the employees, no matter for what reason, enterprises shall make compensation?
When the reporter on this consultation with Castle several attorneys,MBT Women's Tenga Mid, they all said the court's judgment is questionable. A lawyer said on condition of anonymity, the so-called non-service-incurred death should be understood as follows: employees during working hours, died of illness, or employees died during the break.
case agent, Li Zhuansen is to help the families of the old song to win the lawsuit but said that in addition to service-incurred death should be regarded as non-service-incurred death, however, is not all non- death of the public can get compensation from the enterprise, such as in a car accident, the deceased's family can find the person in charge of claims, only the old song that no responsible person can find,Puma Sprint 2 Lux Nm Sale, can find the enterprise. > Links This is a loophole in the law?
you lawyers say the judge's judgment is questionable. However, the judge deciding a case has a clear legal provisions to support, based on the laws in this case the Labor Insurance Regulations of the People's Republic of China Shandong Province, the provisions of the relevant documents. these provisions provides that: enterprise workers due to illness or non-service-incurred death, the enterprise shall pay the treatment of their relatives, non-service-incurred death, but is not qualified under the provisions of the corporate nature. As a result, the judgment of the Court from the legal point of view, there is no problem. Side is a distinguished lawyer
Finally, Li Chuansen to reporters to make an explanation. Lichuan Sen said the People's Republic of China labor insurance regulations promulgated and implemented on February 26, 1951, when most of the enterprises in China is state-owned enterprises, workers killed in state-owned enterprises should be given some of the pension, in particular the need for maintenance against the deceased person,

No comments:

Post a Comment