Article 2 All kinds of enterprises and individual industrial and commercial households with employees in People's Republic of China (PRC) (hereinafter referred to as employers) shall take out work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees).
Article 60 Where an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the administrative department of labor security shall order it to make corrections; If the employees of the employer suffer work-related injuries during the period of not participating in work-related injury insurance, the employer shall pay the expenses according to the treatment items and standards of work-related injury insurance stipulated in these regulations.
2. Regulations of People's Republic of China (PRC) Municipality on Handling Labor Disputes of Enterprises
Article 6 After a labor dispute occurs, the parties concerned shall settle it through consultation. Unwilling to negotiate or failing to do so, you may apply to the Labor Dispute Mediation Committee of this enterprise for mediation; If mediation fails, it may apply to the Labor Dispute Arbitration Committee for arbitration. The parties may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
In the process of handling labor disputes, the parties shall not have the behavior of intensifying contradictions.
In combination with the above provisions, I believe that it is the legal obligation of the employer to handle labor insurance for workers, including work-related injury insurance, and this obligation will not change because of the agreement between the two parties. In the event of an industrial accident, it is the legal right of workers to enjoy industrial injury treatment. Even if the employer fails to participate in work-related injury insurance according to regulations, the legal rights of workers can still be exercised according to law and should not be changed because of the agreement between the two parties.
As for the Regulations on Handling Labor Disputes of Enterprises in People's Republic of China (PRC), it can be settled through consultation, but consultation is only the way to realize the treatment of industrial injury insurance, and it has not changed the essence of the treatment of industrial injury insurance.
In practice, for example, the Jiangsu Provincial Department of Labor and Social Security clearly stated in the Summary of the Seminar on Labor Arbitration Cases in Jiangsu Province (Sulao Zhong Wei No.20071): "X. After the parties reach a compensation agreement on work-related injury treatment, the workers file an arbitration, and the compensation agreement reached by the parties on work-related injury treatment is divided into two situations. How should the arbitration commission accept and handle it? One is that after a worker suffers from a work-related injury, the employee and the employer reach a compensation agreement on the work-related injury without the labor administrative department identifying the work-related injury and evaluating the disability grade, and the employee files an arbitration. The arbitration commission shall take the work-related injury certificate and the disability grade appraisal conclusion as the acceptance conditions, and the date when the disability grade appraisal conclusion is delivered to the employee as the starting point of the limitation of action. On the other hand, if employees and employers reach a compensation agreement on the treatment of work-related injuries after the occurrence of work-related injuries, the arbitration commission shall take the date when both parties sign the compensation agreement as the starting point of the limitation of action. When trying the above-mentioned cases, the Arbitration Commission should not take the termination of the agreement as a prerequisite, but should judge the employer to make up the difference between the original agreement and the industrial injury insurance treatment according to the industrial injury insurance treatment. " (2007 1 month 12)
Obviously, the above-mentioned documents of Jiangsu Provincial Department of Labor and Social Security follow the statutory principle of industrial injury insurance.
Therefore, in my opinion, you can still apply for arbitration after the settlement of industrial injury insurance claims is reached, and at the same time, it must meet the requirements of arbitration limitation (1 year). Lawyer Zhao Lingling.
Question 2: Work-related injuries are leaving the hospital. How to write a contract with the boss doesn't need any contract. You can't leave the hospital until you deal with it. Otherwise, it will be difficult to deal with when you leave the hospital. As long as there is this rule, you have not handled it properly. Once discharged from the hospital, the boss won't worry.
Question 3: How to write the agreement on follow-up treatment of work-related injuries? 1. After an industrial injury occurs, if the employer terminates the contract and needs follow-up treatment, the expenses shall still be borne by the employer.
2. Article 38 of the Social Insurance Law The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations:
(a) medical expenses and rehabilitation expenses for the treatment of work-related injuries;
(2) Hospitalization food subsidies;
(three) transportation and accommodation expenses for medical treatment outside the overall planning area;
(four) the cost of installing and configuring assistive devices for the disabled;
(five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs;
(6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV;
(seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;
(8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths;
(nine) labor ability appraisal fee.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employing unit in accordance with state regulations:
(a) wages and benefits during the treatment of work-related injuries;
(two) the monthly disability allowance for disabled employees of Grade 5 and Grade 6;
(3) One-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.
Question 4: How to write a work-related injury mediation agreement specifically for the work-related injury compensation agreement?
Party A:
Party B: ID number:
Party B, an employee of Party A, suffered an accident at work on, and was later identified as a work-related injury by the * * Municipal Labor and Social Security Bureau, and was identified as a first-class disability by the * * Municipal Labor Ability Appraisal Committee. Now Party B and Party A have reached a consensus on the compensation for their injuries, and this mediation agreement is specially made by this Association in accordance with Article 14 of the Labor Dispute Arbitration and Mediation Law:
1. Party A has participated in social security for Party B, and the social security fund has paid Party B's medical expenses and one-time disability allowance. In addition, during Party B's injury and rest, Party A has been paying his salary on a monthly basis.
2. Upon consensus of both parties, Party B continues to work in Party A, and Party A shall pay Party B the one-time disability employment subsidy and one-time work-related injury medical subsidy in advance, and Party B shall not ask for one-time disability employment subsidy and one-time work-related injury medical subsidy when he leaves. According to the relevant provisions of Guangdong Industrial Injury Insurance Regulations, through negotiation, Party A shall pay RMB [in words] to Party B (which includes all industrial injury treatment items stipulated in Guangdong Industrial Injury Insurance Regulations: one-time disability allowance difference, one-time disability employment subsidy, one-time industrial injury treatment subsidy, shutdown with pay and other industrial injury treatment items), and Party B shall not claim any other expenses from Party A after receiving the money. Otherwise, if Party A's production and operation are affected and losses are caused to Party A, Party B shall make compensation.
Three. Upon receipt of the above compensation, Party B shall issue a receipt.
Four. Party A and Party B sign this agreement on the basis of equality and voluntariness. It is the true meaning of both parties, and neither party is intimidated.
5. According to Article 14 of the Labor Dispute Arbitration and Mediation Law, the mediation agreement shall be signed or sealed by both parties, and shall come into effect after being signed by the mediator and sealed by the mediation organization, which shall be binding on both parties and shall be performed.
After this agreement comes into effect, Party A and Party B terminate the industrial injury insurance relationship, and Party B shall not bring any legal proceedings for the industrial injury accident in the future.
Seven. This agreement is made in triplicate, one for each party and one for the record of the labor department.
Party A (seal): Party B (signature):
Signature of Representative: Year Month Day
Question 5: How to write the work-related injury agreement? Industrial injury agreement
Party A (Employer):
Party B (employee): XXX, factory employee, ID number:, address:
Party B is an employee of Party A. If Party B is accidentally injured at work, Party A will send Party B to the hospital for treatment, and all medical expenses will be paid by Party A. Party B was recognized as a work-related injury on, and was assessed as a first-class disability on, and now Party A is willing to give appropriate compensation to Party B according to relevant laws and regulations. Both parties have reached the following agreement * * * for both parties to abide by:
1. Party A is willing to compensate Party B for disability compensation, employment subsidy, medical subsidy, lost time, transportation expenses, living expenses, meals, etc. Pay in one lump sum, and the above fees will be paid on the date when both parties sign this agreement.
2. After receiving the above money, Party B promises not to recover other economic losses from Party A in the future, nor to pursue any compensation responsibilities from the court and the labor arbitration department.
Three. After both parties sign and perform this agreement, Party A and Party B will terminate the labor contract, and Party B will leave Party A's factory immediately, and all future accidents will have nothing to do with Party A. ..
Party A: Party B:
date month year
More information than ten thousand
Question 6: How to write the industrial accident agreement? Party A: Unit
Party B: Individual
XXX id number; Home address; XX unit is engaged in XX work in XX time; I was injured when I was engaged in XX work at XX time. Now; Through consultation; Both parties have reached the following agreement:
1. The unit pays personal injury compensation of XX yuan in one lump sum;
2. After the unit pays the personal compensation of XX yuan for this injury, the individual may not ask the unit to bear the responsibility related to this injury for any reason;
Third, the two sides terminate the labor relationship.
The above amount is RMB * * *, please pay before XX time.
(Then stipulate some responsibilities for late payment)
A:
B:
XX time
Question 7: How to write the settlement agreement of industrial accidents? It's best not to do it in private. We should identify work-related injuries, sign disability, and compensate according to state regulations, so as to protect both employers and employees.
Question 8: How to write the industrial injury compensation agreement? The responsibility for work-related injuries is "the responsibility of the employer", that is, the employer assumes the responsibility and does not pursue the responsibility of employees who are injured at work. I apply for work-related injury appraisal, and the confirmation of disability grade is the basis for confirming compensation. Refer to Article 18 of the Regulations on Industrial Injury Insurance.
Workers sign unequal treaties, industrial injury compensation agreements and then go back on their word. Can they get it all? This agreement is invalid and the factory's practices are not protected by law. You must get full compensation for the work-related injury. Look at the industrial injury insurance regulations I blocked, industrial injury, traffic accident compensation. Look at my library.
How much should I pay for sudden old bleeding at work? If it exceeds 1 year, will the Labor Bureau accept the application for work-related injury identification? Too low compensation is invalid! /kloc-You can apply for work-related injury identification within 0/year! /kloc-Work-related injuries were recognized within 0/year, and now it is 3 years after the incident.
Can workers get all the unequal treaties and industrial injury compensation agreements and then go back on their word? 1, industrial injury identification and disability identification can only be done by the labor administrative department. The unit should give you 10 disability. The unequal treaty industrial injury compensation agreement is illegal and invalid. If it is a work-related injury, first apply for work-related injury identification and disability identification.
Can I sue again after signing the industrial injury compensation agreement? If this compensation agreement violates the relevant provisions of the state, you can sue. In addition, it depends on the paid content. No, hello. Because work-related injuries involve personal problems, even if a work-related injury compensation agreement is signed,
The enterprise and the injured employee settle compensation privately and sign an industrial injury compensation agreement. Is there any pattern? It is suggested that people from the labor department or the security department be invited to witness the signing of this contract. Looking for a police station, it is suggested to sign an agreement in accordance with the contents of the consultation and the legal provisions on industrial injury compensation. As long as the content of the agreement is true and legal,
Question 9: Can you help me write a contract for the follow-up expenses of leaving the hospital due to work-related injuries? The contract should be written according to the actual situation, and it cannot be fabricated out of thin air.
Question 10: How can I sign a work-related injury termination agreement without a labor contract? The absence of a labor contract does not affect the determination of labor relations. After a work-related injury, you can also enjoy compensation for work-related injuries. An agreement can be signed according to the true meaning of both parties. If you don't know about the compensation for work-related injuries, you can entrust a lawyer to participate.