The festival continues to follow the drama.
The first case at the beginning of the bottom line is the sudden death of the female anchor. Female anchor Luo Youyou suddenly fell to the ground during the live broadcast and died after being rescued.
Finally, after repeated unsuccessful mediation, President Fiona Fang of the filing court ruled that there was a labor relationship between the brokerage company and Luo Youyou, and the brokerage company was compensated.
1 ten thousand.
This case, which appeared in the first episode, triggered a heated discussion in the legal circle.
2
just as
10 2, People's Daily article in 2022: The bottom line "pats" the boring legal theme into people's minds: as we all know, law is professional and rigorous, with a large number of professional terms and professional knowledge. Therefore, film and television dramas with legal themes are particularly difficult to shoot. If you emphasize professionalism, it will inevitably be boring and difficult to understand. If you pursue dramatic conflict, it is easy to lose authority. As a drama about the rule of law, The Bottom Line skillfully solves the dilemma of legal content in its works in plot design.
The theme of the rule of law has never been easy.
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The main point of questioning this case lies in our administrative circle, because the identification of work-related injuries is a typical and common administrative case.
Workers who need compensation for work-related injuries generally go through four stages: the identification stage of labor relations; Work injury identification stage;
The stage of labor ability appraisal;
Finally, the compensation stage of industrial injury treatment.
The key to Lu Youyou's case lies in labor relations. Some human and social departments often require workers to conduct labor arbitration on labor relations, followed by the second instance procedure, which is quite time-consuming and labor-intensive.
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The Supreme People's Court Administrative Tribunal
《
Reply on whether the labor administrative department has the right to confirm labor relations in the procedure of industrial injury identification
》(
[2009] Hang Ta Zi Nuo. 12
)
：
According to Article 9 of the Labor Law and Articles 5 and 18 of the Regulations on Work-related Injury Insurance,
The labor administrative department has the right to determine whether there is a labor relationship between the injured employee and the enterprise in the work-related injury identification procedure.
.
According to the viewpoint of our administrative law circle: Lu Youyou's parents directly apply for work-related injury identification, and Rongzhou District Human Resources and Social Security Bureau makes work-related injury identification (identification or non-identification), and then
Lu Youyou's parents and
Kabakaba Culture Media Co., Ltd. has the right to file administrative reconsideration and litigation.
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As for the determination of labor relations
According to the provisions in the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations, an employer establishes a labor relationship if it has not concluded a written labor contract but meets the following conditions. (a) the employer and the employee meet the subject qualifications stipulated by laws and regulations; (2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply; (3) The labor provided by laborers is an integral part of the employer's business.
The enterprise has not signed a labor contract with its employees. The following evidence will be used as a factor to judge the factual labor relations. (a) payment vouchers or records (payroll), the payment of various social insurance premiums; (two) issued by the employer to the workers.
Work permit, service certificate and other documents that can prove identity; (3) Employment records such as Registration Form and Application Form filled out by employees; (4) attendance records; (5) Testimonies of other workers, etc.
In the case of Luo Youyou's compensation for work death,
Kabakaba Company manages attendance and limits working hours, which is in line with the characteristics of labor relations.
.
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In the early morning of September 8, 2008, a "drinking girl" who worked in the wine city rode someone else's motorcycle home. The motorcycle crashed into a manhole in the middle of the road, and she fell to the ground and died after being rescued by the hospital. He was a hostess in a wine city in Chancheng District, Foshan City. Later, her family applied for work-related injury identification, and the labor department determined that it was not a work-related injury.
The family then filed an administrative reconsideration. After reconsideration, the Chancheng District Government decided that his death due to a traffic accident on his way off work was a work-related injury.
At that time, I saw that the applicant column of the application had
Three signatures (usually parents apply for reconsideration as legal heirs), which is a bit strange. His attorney explained that the deceased had a boy over the age of/kloc-0.
After accepting the case, we listed Jiucheng as a third person according to law and started mediation. The final result is that the wine city will take the initiative to compensate.
10.5 million, and the family of the applicant withdrew the lawsuit and closed the case.
In fact, this kind of mediation seems to be a kind of mediation in the industry.
Conscience work: I can do it or not, but I always force myself to do it, because if you persist, it may save the parties a lot of trouble.
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The hostess in the hotel, the employees in these hidden industries, can't sign a labor contract with the workplace because of the hidden rules of the industry, nor can they receive wages from the workplace and get the payroll to prove the labor relationship.
..... Who can protect their rights once they have an accident at work?
In this case, we found the uniform work clothes of the deceased and the service number plate on his chest (with the name and number of the wine city written on it), and two other workers confirmed that the deceased had worked in the wine city for more than a year. On the basis of paying the basic salary, the wine city encourages the hostess to sell more drinks by selling commission, so we finally conclude that there is a labor contract relationship between the wine city and the deceased. Then it comes to the conclusion that a traffic accident that is not the main responsibility of the laborer on his way to work should be recognized as a work-related injury.
At this point, the subject of employment and labor relations is clear, and mediation naturally comes. According to the law at that time, the general death compensation should be in
About 300,000 yuan, but due to the special circumstances of the case and the lack of social security, especially the status of rural people and urban people is still very different. After the wine city proposed compensation of 6.5438+0.5 million yuan, the family of the deceased withdrew the application with the consent of the lawyer. Before issuing the Notice of Termination of Administrative Reconsideration, we repeatedly confirmed its authenticity and voluntariness.
I want to find that child.
14 years old, I wish him a happy life!
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Although I am used to this kind of work-related injury identification procedure myself, in terms of civil law, can Lu Youyou's parents directly sue?
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
essay
If an employee of an employer who should participate in the overall planning of industrial injury insurance according to law suffers personal injury due to an industrial accident, and the employee or his close relatives bring a lawsuit to the people's court, requesting the employer to bear civil liability for compensation,
Inform them to deal with it in accordance with the provisions of the Regulations on Industrial Injury Insurance.
The people's court should support the claim that the personal injury of workers was caused by a third party other than the employer.
In this way, it may be really debatable for President Fiona Fang to directly accept this civil compensation case.
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Recently, I have been commenting on the bottom line, and I saw some commentators in the background who suspected that they were judges put forward some different views.
This is normal, after all, people often understand different laws.
In fact, I don't criticize this drama, but I miss being led by it more.
12 year judge, you know.
20221Sunday, 2 October, 65438