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published in(发表于) 2014/8/21 9:05:15
Supreme Law stipulates clearly issues such as work-related injury insurance liability

Xinhuanet, Beijing, August 20 (reporter Rocha)-Supreme People's Court announced on 20th of the Supreme People's Court on several issues concerning the trial of administrative cases of industrial injury insurance regulations clearly exceptional circumstances assume the responsibilities of employers in insurance industry, refine the ascertainment of "work, hours of work and the workplace", and so on.

Sun jungong, spokesman for the Supreme People's Court said, in recent years, work-related injury insurance number among the forefront of administrative cases administrative cases. Injury insurance case involves the immediate interests of employees, a direct impact on social stability. In the related trial of administrative cases of the new situations and new problems emerging, increasing the difficulty of settling disputes. Practical experience on the basis of summarizing the Supreme People's Court trial, after much argument and solicited opinions, these provisions are formulated.

For currently labor relationship in the often appeared and workers exists employing relationship of units has two a or two a above of case, specific by which units bear injury insurance responsibility easy produced controversy of situation, this introduced of provides on double labor relationship, and sent, and assigned, and subcontracting and affiliated relationship, five class compared special of injury insurance responsibility subject do has provides, while provides bear injury insurance responsibility of units bear compensation responsibility or social insurance handling institutions from injury insurance fund paid injury insurance treatment Hou, Shall be entitled to recourse against the relevant organizations, institutions and individuals.

Sun said military, which not only highlights the protection of legal rights of employees, also sought to between employer and rational allocation of responsibility between the employer and other responsible bodies.

Provides while refinement has injury finds in the of "work causes, and work time and work places", and "due to workers out during" and "commuting en route", problem, determines has three a ideas: a is on "work causes" of finds should considered whether perform work duties, and whether by employing units assigned, and whether and work duties related, and whether based on employing units of due interests, factors; II is on "work time" of finds should considered whether belongs to due to work by needed of time; three is on "work places" Finds that it should be considered whether they are suffering from work-related areas as well as a natural extension of zone.

In addition, provide clear reasons due to third persons caused by work-related injuries of the three approaches, and administrative proceedings involving the confirmation of labor relations for the specification. Provisions of article 10, will come into effect on September 1.

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