I'm a lawyer. My brother is a migrant worker. I help him with legal aid. In order to recover the compensation for the injury he deserves, several cases have been made. The money has arrived. This pen to write to. The heart inside is very bad!
Perhaps this is the difficulty of safeguarding rights.
So the title is called my brother's work, injury, case.
1. Cause:
In April 1, 2006, he was working in the coal company mine injured his left index finger. After the work injury identification of the labor bureau, the grade of disability was ten. This is a coal mining enterprise with a market value of two hundred million yuan.
His boss is only one kilometer away from his old home. The original is a pig. Later on, it became a star entrepreneur.
My brother has found the director of the office of the company where the boss is located. The director does not say money, but only a little less. What's the meaning of this? Is there no standard for a work injury case?
I angrily to call the company director, director of the company still attitude! Although I am humility, but, wait for the future echo.
Two, pre suit preparation
Since the basic cost of industrial injury is not dry, do not do two. Then, on the grounds that the unit fails to pay the social insurance in full, and on the basis of the unpaid annual vacation pay, it is obliged to propose the rescission of the labor contract, and additionally, the economic compensation is required.
This is the role of 24 - dollar postal express.
Such a case changes to three. It is changed from a common industrial injury case to an economic compensation requirement, which requires full payment to pay the annual leave of absence and the compensation for work-related injury. Of course, I can ask the unit to pay the cost of social insurance. But that's unrealistic. Because all the labor arbitration, and the courts have closed the door. They want to shut the door, no way.
Three. Arbitration
The result is to the labor arbitration commission. The director of the Arbitration Commission said. The work injury identification book was in May 19th. It is said that within six months, the employer, or the laborer, can bring an administrative lawsuit to the court. Therefore, the identification of the work injury is not effective now, it is necessary to wait until six months before the labor arbitration can be put forward.
This is what the darn logic?
Your Arbitration Commission can first establish a case of work injury, if the employer wants to bring an administrative lawsuit against the work injury identification of the labor bureau. You can stop the trial of the labor arbitration case here.
He said you said it was no use, I believe the City Labor Arbitration Commission.
So it was forced to set up only an economic compensation case and a year off case.
Wait until November, left said the right said, finally to the compensation for work-related injury cases, the labor arbitration committee set up.
At the same time, the relevant evidence materials are actively prepared, including the failure to pay the social insurance premiums in full. The two is evidence that includes the provision of corresponding wage standards. As the unit only paid half of the cash, the other half was paid on the bank card. So 6000 of the salary is directly on the counter. And I want to prove another part of the cash. To find other workers, no one would be willing to testify. Three is the identification of industrial injury and industrial injury, and the basis for the corresponding legal documents to be delivered.
Four, arbitration court
It's the day of arbitration. The arbitrator. Woman. The woman told me directly that you and the employer conciliation. I said, yes, now the employer is not a lawyer in court? But what I've been waiting for is such a word that you have to go back to the coal mine and talk to the company.
This is what the darn logic?
The employer sends you to perform the agency duties, and after you come, you are just one of them, and you need to go back to the company and talk to the company.
I certainly don't have a good face. You're making me a fool.
Direct court.
Which one knows the time of the court. The woman has a direct retaliation. There was a bone in the egg, and I said that there was no time limit for my lawyer's certificate.
You know, this is the case by the City lawyers' Association. Ghosts know! County Bar Association actually, own, also marked the effective period of starting and ending!
In order to deny the validity of my lawyer's certificate in this way!
Then I am not polite, and directly request, the female direct avoidance. Because of what he did, everything was so pertinent that it was impossible to deal with the case impartially.
So all of this part.
After the court, this woman, directly in the name of the Arbitration Commission, my unit, inquiries, the true and false of the lawyer's certificate.
This is called career retaliation.
What can be hated is the other lawyer. When the woman's choice said whether my lawyer's certificate had a problem, and asked him for his opinion, he did not know it!
I want to know that he was in the same grade as I was in a different class. It's so evil.
I recently proposed, I also questioned the authenticity of the documents to his lawyer.
But the woman, but not to say yes or no.
This is the national condition of China.
Five. The case of labor arbitration continues to be held in court
The lawyer's certificate is true and false after a storm. Continue the court. The unrest salary should be paid for the claim for economic compensation. Because the evidence is indeed sufficient. My heart was, that there should be no doubt.
A compensation case for a subsequent court injury. There is not much controversy in the basic compensation project. The key is the wage standard. Although, I put forward the corresponding burden of proof lies in the employer. If the unit shown no corresponding wage lists, it should be in accordance with the annual average wage calculation month properly, and his real wages 5000 yuan, almost. But based on the previous dispute, the woman did not accept it at all. The second focus is that, after the expiration of the payoff period, there is a living allowance during the assessment of the disability level. The woman thinks there must be a prerequisite, that is, not to work. What she means is whether or not it must be identified. And I think it's a real state that I can't go to work. Since he is injured and can't work, he should, naturally, enjoy the living allowance.
I argue that the final ruling basically have not been recognized. The case for compensation for industrial injury is awarded. The economic compensation case ruling, clearly not full and timely payment of social insurance premiums, it shows that as a laborer can be put forward, is to terminate the labor contract, require the employer to pay economic compensation, so obviously perfectly logical and reasonable legal requirements, the results have not been advocated. The other case of annual vacation pay is just a symbol that gives the minimum amount of compensation.
Six, refusing to accept arbitration and prosecute to the court
The first response to an arbitral award is to prosecute. To the court. Left and right, and finally the court! As a unit of use, continue to be old and old. For the corresponding focus of controversy, such as wage standards, such as not paying the social insurance premiums in full, as a judge of first instance, although there is a slight sympathy, they still insist on it. The salary standard is not good to say, and the social insurance fee is also a real situation.
At the end of the first trial, there was little change.
In particular, it is also necessary to mention that in the meantime, the coal mine. Another coal mine in the city was shocked. Gas explosions are directly injured by innocent employees. This special mention two digression. This is a digression, mine is my first lawyer first time took over the injury cases, the first coal mine extremely, Jiao Heng domineering. So it took more than ten years, but it was very impressive. Another way, the deputy mayor of the city where it is, because of inadequate disposal, after being criticized central government, because other matters after being out of leather office.
It is due to gas explosion, another mine in a city, all ninety thousand tons of coal, to be closed. Pull one hair and move the whole body! So it was difficult at the time when the compensation case was prosecuted to the court. The case on the case of the judge did not want to file a case, through the left and right grinding, finally the case was set up! After two other cases, the result was ignored. Why can such a case be not set up? When there was no reply after the question, I thought of a 24 - dollar express mail delivery. When the file was sent out, there was no reply. The thought of whether to make a complaint to the high court or not, to think about it, would have nothing to do and have to give up.
Seven, second trial
The second instance is relatively simple. Because Ben does not want to appeal, so. During the above period, there is not much attention, think of one, early to take money, early work.
You know, the lawyer of the other side appeals on the last day of the appeal. So the heart is obvious, I know he is to delay the time.
In the meantime, one more thing happened again. The date of hearing determined by the court of second instance clashes with another criminal case and the date of the opening of the court. And the host of my other criminal case was the other president of the central court. I told the second instance, the judge said the case in the case of labor conflict, to another, and said, in a criminal case, the judge is dean. I can't manage so much about what she said to say about the president of the Middle Academy. No, I have stated this basic fact to the clerk of the criminal case and asked them to negotiate and deal with them by themselves. Of course, the judge of the labor lawsuit is, after all, the arm is no more than the calf. Had another day. To the day of the court, the result, not surprisingly, the employer's lawyer, refused to appear in court. The judge called, no answer. The judge at this time only, although there is a temper, but also can only act according to law, since the withdrawal is not dealt with.
So there was a ruling of the court of second instance.
Eight, implementation.
In fact, a ruling is taken, but it does not mean that the money will be returned right away. Finally, it will return to the director who is named Huang, the so-called "weasel" to give chicken to the year is uneasy!
I have to insert another sentence here. That two hundred million yuan enterprise, in this context, also has to be shut down. Although they have repeatedly claimed that they have invested one hundred million. After the shutdown, the natural compensation for the workers as workers is not well executed. Fortunately, the corresponding government can also observe the civil situation and make a rainy day ahead of time. The corresponding salary payment for the compensation for these injuries is continued in the town level government.
I also have a number of phone calls to verify follow up. It is also a behavior preservation.
The final cloud, the final result of the communication and coordination of the director of the Huang, was the final result. In addition to the court judgement of the compensation for industrial injury, it also directly takes off the annual leave salary, as well as the compensation for work-related injury in other projects that need to be paid in the industrial injury compensation fund. Not workers can be directly claimed, but also must be useful for the cooperation of the unit. I can only just leave, not only, also lost thousands of dollars to change, to advance the corresponding cost. At this time, a sigh, a chicken hair, a belly bad temper. And then it's only then.
So a work injury case is a word, a word, a case, and then only, and then, all the results are only results, not if. It is not a bitter result, but it is not a good result.
Take this as a note.
