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Business FAQ (phase 78th)

Commercial News (reporter Wu Jiali correspondent Huang) in order to effectively protect the rights and interests of workers, China has revised the "People's Republic of http://www.aliyun.com/zixun/aggregation/38374.html" > labor contract law, such as a series of laws, Regulations, workers ' rights and interests are further protected. The service platform combined with daily business questions, to answer the business management process encountered in the employment problem, the special invitation to Zhejiang ITZR law firm Professional Lawyers for professional solutions, the introduction of a series of topics, legal issues can also be added to the Legal Group (Group No.: 107013002) consultation.

1, Service Platform Q friends: Employees on the way to the kindergarten to pick up children, on the way home accident, whether the company to bear medical expenses, can terminate the labor contract?

Group staff answer: In the commute, by not my main responsibility of traffic accidents or urban rail transit, passenger ferry, train accident injury, should be identified as injury. If it is identified as an injury, the employer and the Industrial Injury Insurance Fund will bear the corresponding responsibility. However, if the employee who should take part in the work injury insurance without taking part in the work injury insurance, the employer shall pay the expenses according to the project and the standard of the work injury insurance stipulated in this Regulation.

As for to pick up the children on the way out of work or to the vegetable market to buy vegetables accident, and is not my main responsibility, it is generally recognized as injury. As long as there is a reasonable time and reasonable route accident, and is not my main responsibility, are basically identified as injury. Therefore, ITZR lawyers to remind employers to pay all kinds of social insurance in a timely manner, and strengthen the management of staff.

2, Service Platform Q Friends: Unit dinner, in the course of the dinner accident, the unit should be responsible?

Group staff answer: unit dinner belongs to the organization of the employer's activities, the organization of the activities of organizations in the course of events, staff accidents, and is not my main responsibility, should be identified as injury. Once the work injury is identified, the employing unit shall bear the responsibility under the regulations on industrial injury insurance. If the employing unit does not pay insurance for the employee, it must bear the full responsibility.

3, Service platform Q friends: On the way to work, a detour to meet friends, after the party on the way home after the traffic accident, at this time can be identified as injury?

Group staff answer: On the way to the party, after the party is not my main responsibility for the accident, we think that at this time has been divorced from the normal commute time and path, should not be identified as injury. The understanding of commuting should be controlled within a reasonable time and route.

4, the service platform Q friend: I was the injury identified as a 10 disability, can I enjoy what treatment?

Group of workers: Workers are identified as disabled because of the 10 level of disability, can enjoy the following treatment:

(1) Medical expenses. The expenses for treatment of industrial injury are in accordance with the catalogue of the medical work injury insurance, the catalogue of work injury insurance products and the hospitalization service standard of industrial injury insurance.

(2) Transportation, room and board fees. After the certificate issued by the medical institution, the newspaper agency agrees that the transportation and accommodation costs of the injured workers to seek medical treatment outside the area shall be paid from the work Injury Insurance fund, and the employees of the unit will be reimbursed according to the official business travel standard.

(3) Inpatient food subsidy. The catering subsidy for workers in the hospital is paid from the Industrial Injury Insurance Fund.

(4) Disability ancillary equipment fees. Employees injured workers, as a result of daily life or employment needs, confirmed by the labor capacity Appraisal Committee, can install prostheses, orthotics, false eyes, dentures and wheelchair accessories, and other ancillary equipment, the required costs in accordance with the national standards from the Industrial Injury Insurance Fund payment.

(5) Pay period of work stoppage. In the period of downtime, the original wages and benefits of the same treatment, from the unit in the monthly payment. Downtime is generally not more than 12 months. If the injury is serious or the situation is special, the municipal Labour Capacity Appraisal Committee of the District may be properly extended, but the extension shall not exceed 12 months.

(6) Nursing fee (stoppage time). The Unit is responsible for the workers who are unable to take care of themselves if they need to be cared for in the period of work stoppage.

(7) Rehabilitation costs. If the injured worker enters the medical institution where the service agreement is signed, the expenses for the rehabilitation of the work injury are in accordance with the provisions.

(8) Evaluation of the residual life care costs. If the injured worker has assessed the degree of disability and has confirmed the need for life care by the labor capacity Appraisal Committee, it will pay the life care fee monthly from the Injury Insurance Fund.

(9) One-time disability benefit. By the work Injury Insurance Fund, 10 level disability is 7 months of my salary.

(10) Disposable medical benefits. The termination of labor or employment contract, or the employee's own lifting of labor and employment contract, shall be paid by the Industrial Injury Insurance Fund and shall be issued for 2 months on the basis of the annual average wage of the workers ' work injury insurance.

(11) one-off employment grant. Labor, employment contract expires, or the staff himself to lift the labor, employment contract, by the employing unit, according to the unit of work injury insurance co-ordination on the ground of the annual average wages of workers issued 2 months.