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Changsha rain

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Started 10 years ago by 9g8zS8xA4Sa

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9g8zS8xA4Sa
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 Sun books all migrant workers, a male worker in Hunan New Construction Co. project department. Two years ago, he was on his way to work in a car accident occurs, Changsha City Human Resources and Social Security Bureau (hereinafter referred to as the Social Council) issued to him a "decision related injuries." However, Hunan Construction Co. Ltd. believes the new male, accident the day it rains, the whole book as a welder Sun is not the task can not be identified as work-related injuries. Hunan Provincial People's Insurance Office administrative reconsideration, the decision to maintain the City and Social Council. The employer refuses to accept the resolution, then a lawsuit, the Changsha City and Social Council to court. April 13, 2012 afternoon, Furong District People's Court held a hearing awful Dispute related injuries, and invited 25 people in charge of the executive authorities to observe the trial process, interactive activities to carry out judicial administration. The way to work mishaps "That morning, I was wearing a helmet, put on work clothes, ready to go to the site to work." SUN Shu-chuan, the employer is to justify his "slander." Sun whole book in May 2010 into the new building hung Ltd. Hunan Xingsha a construction project site work. December 12,tagli capelli corti, 2010 7:30 am, after breakfast,http://store.shopping.yahoo.co.jp/spark-inc/bike-65w-h4-45.html, Sun books all workers and CDC, as Jiang Yuan, et al walk from the camp site to the project department. "By only drizzling day of the accident,http://kainhofer.com, I do not live innate welding finished, ready to eat breakfast go to the site to work." Sun told reporters the whole book, about 7:55 or so, via Fuyuan Road hongshanqiao home stretch of road, he was injured in a car hit by the treatment, suffered multiple fractures. December 24, 2010, Changsha City Public Security Bureau Traffic Police Detachment Battalion Kaifu made "Road Traffic Accident", finds the whole book and Sun accident the owner will bear equal responsibility for the accident. Sun book full share of 20,extension cheveux naturel,003 thousand Yuan of medical expenses, the delivery by the driver. Sun, 50-year-old book full of Hunan Xinshao people, and the village people together in Changsha, site work, to receive a daily wage of 120 yuan. "There are job rich dry on all my income to send home, there is a large family waiting for me to feed." Sun books all said that after the accident, he could not do heavy work. He originally wanted to continue to work hard in a big city a few years after returning home in the village buildings cover a new house, let his son marry a wife. "When I was injured, the company sent two people to the hospital to see me and gave me 200 yuan. In addition, the company made no to a penny. I know companies do not want to lose money, but the compensation is very important to me." Said with just this man slightly angry. Employer: Rainy Day welders do not work After the accident,http://store.shopping.yahoo.co.jp/gion/x-u3-w.html, Changsha City Human Resources and Social Security Bureau issued a whole Sun book "injuries that decision." However, Hunan Construction Co., a finding of a new male Social Council refused to accept the results, was made to Hunan Human Resources and Social Security Department filed an administrative reconsideration to set aside the result. January 24,http://atlantic.gssc.nihon-u.ac.jp/~committee/member/comchat1/comchat.cgi, 2012, Hunan Human Resources and Social Security Department to make "administrative review decision," decided to maintain related injuries Changsha City Human Resources and Social Security Bureau made. Thus, a new Construction Company Limited Hunan hung a paper petition, the Changsha City and Social Council on the court. Courtroom, Hunan Construction Company Limited Hung new agents that day accidents, Changsha rain, sun the whole book as a welder, was not scheduled to work, it does not suffer from traffic accident occurred on the way to work. "Social Council recognize it as work-related injuries, the fact is unclear, ask the court to order the adaptation error of law does not constitute a Sun injury, the defendant renewed its certificate.." At the same time the employer the burden of proof, its employees Zhao confirmed: "Leader says bad weather, not to go to work. " "The third man books all day Sun-based walking to work,http://store.shopping.yahoo.co.jp/gion/ras-s22b-w.html, the truth. November 28, 2010, he has been transferred to water and electricity group work, whether to work the same day, Wang Yu steel group, as Jiang Yuan, Per capita does not confirm its." court, the employer also questioned the whole Sun book submit testimony of witnesses authenticity. Social Council: the employer no valid evidence After the accident, January 15, 2011, Sun submitted the testimony of witnesses to the whole book in Changsha City and Social Council. It was not until May 3, 2011, the employer will only pay the testimony of witnesses and Social Council, the two parties evidence the difference in time more than five months. In related injuries application form submitted by the whole Sun book, filled out jobs for steel, electricity and water. CDC workers, as Jiang Yuan,capelli biondi, Luo Jianming, etc. this to be confirmed. Wang Yu said that June 24, 2010 to November 27, 2010,http://store.shopping.yahoo.co.jp/spark-inc/kit-70wu-h8-85.html, all in the book Sun project department do Gangjin Gong,http://www.whwell.com/home.php?mod=space&uid=70600, after November 28,extension cheveux naturel, hydropower group work. Day of the accident, they go off together to the site work. "Employers communicated statements rain day of the accident, the whole book is Sun welders, without work, while effective witness testimony, Sun books all do welder mainly, but also cater to water and electricity, steel and other unskilled laborer was incompatible with the facts of the employer, the Office not to adopt. "By and social Council, said Zhao word alone can not overthrow the authorization result, it does not have the authenticity and legality," employing unit, rainy day at the office. initially, when we gather evidence, the employer unit does not provide work logs, the workers are not clearly defined work schedule. I think the Board seriously inconsistent with the facts. " Changsha City and Social Council official said, when a traffic accident,http://store.shopping.yahoo.co.jp/spark-inc/kit-70wu-h4-a19.html, Wang Yu, Yuan Jiang work, are to be confirmed, the whole book is the Sun and the workers would walk together on the way to the site from being hit by the car shed. The testimony of witnesses submitted by the employer (Zhao,extension per capelli, Zhang) is not in the scene of the accident, so his testimony can not be used as direct evidence. Zhao and Zhang, and almost identical witness testimony, the testimony of Zhang's lack of proof of identity of witnesses. "According to" Article XIX Injury Insurance Regulations ", the workers that are work-related injuries, the unit is not considered work-related injuries, the burden of proof borne by the employer. Employers must submit evidence that the employee does not belong to injury if the unit can not be the burden of proof, it must be borne the consequences can not be proof of workers claims should be supported. case, the employer does not have any effective, strong evidence that workers do not belong to injury, so I request Office support staff work-related injuries. " It has examined the case related injuries related injuries consistent with the relevant requirements, legal procedures related injuries. Court sentencing court dismissed the plaintiff's claims, the case cost borne by the Hunan male Limited new construction. Furong District Court Administrative Division Vice-President said Sun books all injury time and place belonging to the construction company of an employee's normal working hours and employee work must pass through the route, and the testimony of the Department of Sun books all offer the same day work workers confirmed their way to work indeed injured. In contrast, the evidence provided by the employer is weak. Lawyer: after the injury to note that the collection, preservation and effective evidence Hunan Xiaoxiang Lawyer Huang Zhonghua pointed out that the public hearing, its practical significance far greater than the case to itself. Huang Zhonghua lawyer said: "In migrant workers in construction or related to work place injuries occurred, because there is no sign labor contracts, it is difficult to protect their rights in this case the whole Sun book has lasted almost two years initially apply for labor arbitration in labor relations labor contract is confirmed Arbitration Institute. recognized labor contract before the application related injuries, then level of disability identification, follow-up work also need to apply for labor arbitration to determine the amount of compensation may also involve the Court of First Instance, the second trial and execution. " "Sun full book case produced a series of investigative records to confirm the existence of a labor contract, after injuries, etc. It is an important means to defend their rights." In this regard, Huang Zhonghua suggested migrant workers were injured after the first time to collect and save energy factual evidence to prove the existence of a labor contract, a lawyer for the families of workers or commission and other informed personnel investigation and inquiry and make a written record of investigation. Huang Zhonghua said that although labor units refused to recognize and present relevant testimony of witnesses denied the workers' demands in the event of a dispute, but the size of the force requirements and rules of evidence to prove the point of view, more convincing evidence of workers, so labor sector to support the demands of the labor related. Share: welcome to comment I want to comment microblogging Recommended | hot microblogging today (edit: SN021) 

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