Provisions on work-related injury treatment of labor dispatch personnel: Labor dispatch is a special employment method, which changes the traditional legal relationship between "employing people" into a tripartite legal relationship among labor dispatch unit, employing unit and laborer. In this case, if the dispatched workers have work-related injuries or occupational diseases at work, they will face a very important problem, that is, who should handle the procedures for work-related injury identification or occupational disease diagnosis and appraisal.
Restrictions on the application for labor ability appraisal
After an employee has an injury accident and is identified as a work-related injury, it is necessary to identify the degree of disability, which is what we usually call applying for labor ability appraisal. There are three time limits for applying for labor ability appraisal. First, apply for labor ability appraisal for the first time. Generally speaking, if an employee is injured at work, after treatment, the injury is relatively stable, and there is disability, which affects his ability to work, he should be appraised. If it is a work-related injury in Haimen, the employer or individual must apply to Nantong Labor Ability Appraisal Committee. The conclusion of labor ability appraisal shall be made within 60 days from the date of receiving the application for labor ability appraisal, and the time limit for making the conclusion of labor ability appraisal may be extended by 30 days if necessary. 2. If the unit or individual applying for appraisal refuses to accept the appraisal conclusion made by the municipal labor ability appraisal committee divided into districts, it may apply to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government for re-appraisal within 15 days from the date of receiving the appraisal conclusion. The conclusion of labor ability appraisal made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government is final. Third, after the conclusion of labor ability appraisal is made 1 year, if the injured workers or their immediate family members, their units or agencies think that the disability situation has changed, they can apply for labor ability review and appraisal.
The result of labor ability appraisal directly affects the treatment and compensation of workers injured in work, so both employers and workers must grasp the timeliness of initial appraisal and re-appraisal.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 58 of the Labor Contract Law? The labor dispatch unit is the employing unit referred to in this Law and shall fulfill the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker.
The labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than two years, and pay the labor remuneration monthly; During the period when the dispatched workers are not working, the labor dispatch unit shall pay the labor remuneration monthly according to the minimum wage standard stipulated by the local people's government.
Article 59? The labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the labor dispatch (hereinafter referred to as the employing unit). The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement.
Article 63? The dispatched workers have the right to equal pay for equal work with the workers of the employing unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.
Article 64? The dispatched workers have the right to join or organize trade unions in the labor dispatch unit or the employing unit according to law to safeguard their legitimate rights and interests.
Article 65? The dispatched laborer may terminate the labor contract with the labor dispatch unit in accordance with the provisions of Article 36 and Article 38 of this Law.
If the dispatched worker falls under any of the circumstances specified in Item 1, Item 2 of Article 39 and Article 40 of this Law, the employing unit may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.
Article 66? Labor dispatch is generally implemented in temporary, auxiliary or alternative jobs.
Article 67? The employing unit shall not set up a labor dispatch unit to dispatch workers to the unit or its subordinate units.
Article 92? If a labor dispatch unit violates the provisions of this law, it shall be ordered by the labor administrative department and other relevant competent departments to make corrections; If the circumstances are serious, a fine of more than 1,000 yuan and less than 5,000 yuan per person shall be imposed, and the business license shall be revoked by the administrative department for industry and commerce; If damage is caused to the dispatched workers, the labor dispatching unit and the employing unit shall bear joint and several liability for compensation.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II)
Article 10? If a worker brings a lawsuit for a labor dispute arising from the performance of the labor dispatch contract, the dispatching unit shall be the defendant; If the content of the dispute involves the receiving unit, the sending unit and the receiving unit are the same defendant.