he was sympathetic to this
"Legal Weekly" reporter He Jinyan text / Chart
"Which,catalogo moncler 2013, if any firm is willing to help me recover these medical expenses, I'll volunteer work for this company for two years, cook and do not mind sweeping." Recently,peuterey verona,http://www.career-c.com, an article entitled "Sany: a technical school Interns tragedy, "the post on the Internet spread. Posted named Deng Zhenguo, in September 2009 in Beijing Trinity Electric Co., Ltd. (hereinafter referred to as "Beijing 31") Internship injured, after spending more than 10 million medical expenses,http://www.sendaimiyagidc.jp/templates/user/mailsystem/mailsystem.cgi, the company "intern" in the name of exclusions.
Although the relationship between our law school interns and internship units not yet issued the corresponding provisions, there is no perfect system of Legal Protection intern, intern in injury ambiguous identity, emoluments and other legal rights on the road often trapped blind. However,woolrich prezzi giubbotti, a law professor at the University of Xiangtan loving Europe noted that relations with Sany "should be identified as the fact that labor relations,hogan outlet torino, it should be in accordance with the" Injury Insurance Regulations, "will it hurt at work identified as work-related injuries suffered." (Weekly News Legal Hotline :) So Deng Zhenguo a number of ways to party activists. Loving Europe recommendations as soon as possible into the labor relations intern category.
Interns work injuries cost more than 10 million
Deng Zhenguo, Hunan Xiaoxiang 07 CNC Technician College student a professional.
Layers of screening by the company, through the Second People's Hospital of Yongzhou formal examination, in July 2009, more than 10 students and another went to Beijing Sany Electric Co., Ltd. internship.
September 7, 2009, internship agreement signed with Beijing Trinity, after sent to Shenyang SANYHE work. September 13, 2009 at about 1:30 or so, Deng Zhenguo way to work piece handling medium (about 80 pounds or so of solid steel) accidentally Bayao sprain. A total of two hundred thousand dollars to spend between medical expenses, but also to pay thousands of dollars to take a few years after nailing fee. Later, Deng Zhenguo their relatives to find dozens of telephone Beijing Trinity official communication, he was the company "intern" in the name of exclusions.
"Is an intern in the company will not get hurt the most basic right of compensation for medical expenses?" During the interview,moncler outlet ufficiale, Deng Zhenguo repeatedly sorrow thinking. Let more chilling is that after he was injured, the company arranged for him to the end of the internship immediately flatly. Currently, he has yet to complete the formalities. In his own words, owe a debt, most of the work was also delayed the rest of his life, he should get a reasonable compensation for medical expenses.
Reporters saw the words on this line signed with Beijing Trinity "Internship Agreement": the eleventh Party unexpectedly during practice, if it is due to B own reasons,hogan interactive bianche, I am responsible for the Party; if it is the cause of the Party The two sides negotiated settlement.
September 18, 2009,vendita woolrich online, the company filed written request for leave, "because I sprained Bayao at work, the hospital, I have the lumbar disc herniation and spinal stenosis, to be timely treatment, out of Yongzhou City." The written request for leave has been agreed and signed by department heads.
January 23, 2010, Zhao Yuan (Beijing during Deng Zhenguo internship Trinity head) to send text messages, to persuade them to separation procedures, and expressed his frustration: "And your first month's salary here, though You do not class a few days, but I still give you full attendance. I hope you can be reimbursed part of. "
October 19, 2010,http://www.goiadc.com/cgi-bin/index.cgi, chairman of Sany Heavy Industry Corporation, Changsha receive mail sent letters Deng Zhenguo (roughly the same content in the post), and give it a brief reply: already begun to address the matter.
cousin Tang has recalled the beginning of 2011, about lunar mid-December, Beijing Trinity HR director Wen-Qiang Liu took the initiative to give her a call,tiffany sito, to the effect that the company has been signed by the general manager, the company is willing to bear half Deng Zhenguo medical expenses. After the two sides signed a good agreement, Deng Zhenguo can earn 60,000 yuan compensation. After the 2011 Lunar New Year, Beijing Tang has once again call the Trinity, Wen-Qiang Liu went so far as to "things change" no previous "commitments."
"I do not communicate with any of them are on the top of it is only linked to the Beijing Human Resources Department Minister Song, but she repeatedly due to busy with work, is inadmissible. In this way, we were as a ball, kicked back and forth for a year . "(Weekly News Legal Hotline :) Tang has claimed that the Deng family for that matter have been exhausted.
Tang has provided in the phone recording, Wen-Qiang Liu claimed that her behavior is a "disguised threat," he suggested Deng go formal legal channels to resolve the matter.
"I just want to get back to his brother for medical expenses. In addition, no other idea." Miss Deng helpless sigh, she did not understand why their rights would be characterized as a disguised threat to the company.
It is understood that the signing of the internship agreement, the company is party to all interns have purchased accident insurance. Currently,moncler outlet torino, only received 22,140 yuan China Construction Bank Beijing Branch of Life Park into the card.
"Today, more than 10 million in debt at home, the mother suffering from gallstones in urgent need of money to be hospitalized for surgery again. I can not do heavy work, after leaving the root cause often attack. The company has not given a satisfactory answer, but did not pay a cents for medical expenses. "Ms Tang told reporters after the matter after, once the sun cheerful obviously depressed a lot.
Company uncompromising school
March 29, 2011,woolrich torino, "Legal Weekly" reporter called Beijing 31, the company's human resources director Wen-Qiang Liu said the company has repeatedly and Deng Zhenguo party's school of communication: "Last October, we also communicate with the school, the school mean, happened at Trinity,http://mari.spzgh.org/blog.cgi, there is no association with them. "However, the president of Hunan Xiaoxiang Technician College Friends name Feng told reporters in Beijing Trinity never contacted the school in consultation thing.
Wen-Qiang Liu claimed that he understood the fact that Deng Zhenguo injured in the company, although unable to identify whether they are work-related injuries, from his personal point of view, he was sympathetic to this; however, stood firm point of view,hogan elective, he does not want the matter to be exposed.
"We are sympathetic to vulnerable groups." Wen-Qiang Liu sighed again and again, after heart revealed concerns and proposals, "On one hand,http://home.ejiangtang.cn/space.php?uid=710877&do=blog&id=7623545, the school, the company side, Deng Zhenguo three before I sit down to negotiate the matter; on the other hand, the victim should be through the normal legal channels claim compensation. "
When the identity of a student accident, can crash site was in internships; because of work injuries, but is not recognized staff units occur in all parts of the intern injured killings.
A female college student named Mandy,http://www.mt-plan.com/index.php?option=com_contact&Itemid=3,giubbotto moncler donna, graduating in July 2010, after the school to arrange a shoe factory practice. An accident, caught finger into the machine severely damaged, and spent 3,000 yuan in medical expenses are paid by the family. Later, Mandy family to find manufacturers require reimbursement of medical expenses, the manufacturers of "she was an intern," flatly refused compensation.
It is understood that in 1996 the Ministry of Labor issued the "enterprise workers injury insurance pilot scheme", which referred to Article 61: to participate in work injury insurance business internship colleges,tuta moncler, technical schools, vocational high school students were casualties can refer to the relevant standards for the treatment of this approach, issued a one-time compensation for injury by local insurance agencies. This provision will intern in fact injured during practice as injuries.
April 27, 2003, the State Council promulgated the "Work Injury Insurance Regulations",http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=64&page=2, instead of the original "enterprise workers injury insurance pilot scheme." (Weekly News Legal Hotline :) The ordinance does not mention the rights of the injured students during the internship recourse.
Legal experts pointed out that the existing law on the legal status of interns lack of clearly defined, theorists and practitioners have different views and practices require all provinces,giubbini donna moncler, there is a big difference,rivenditori tiffany, increasing the difficulty of intern rights and uncertainty .
"The best way is through legislative or judicial interpretation, specifically the intern into the category of labor relations." Professor of Law at the University of Xiangtan loving Europe suggested that before this, in order to effectively protect the legitimate rights and interests of the students' internship, interns should practice unit signed a more comprehensive internship agreement internship remuneration, working hours, overtime pay, handling casualties occurred during the internship and internship Failing about pay compensation for breach of contract,peuterey 2013, dispute after treatment were expressly agreed.
Experts: There is the fact that labor relations intern, injured should be recognized as work-related injuries
"At work, because the work accident injuries, which can be considered work-related injuries." This statement is a lot of people take for granted. However, if the injured person is interns, not full-time employees,outlet ufficiale moncler, which could also hurt claiming for compensation?
Hunan million and the joint law firm lawyer Li Jian analysis, interns and internships whether labor relations,http://subversion.jp, the law does not give a qualitative mandatory. According to the contract between the two parties usually have actually agreed to determine the relationship is affected by labor law adjustment. But the case for personal injury incident occurred, the unit must be blameworthy. Because if their relationship belongs to labor relations, in accordance with relevant provisions of the "Work Injury Insurance Regulations", the employer shall bear the liability for injuries. And even if the labor relationship is not established, then based on "the Supreme Court on the trial of personal injury compensation cases interpretation of the law applicable to a number of issues," the victim can be hired or journeyman status, requiring units to civil liability.
Xiangtan University Law School professor loving Europe believes that the intern and the employer although not officially signed a labor contract, but if they meet the following three conditions, they should determine the existence of the fact that labor relations between workers and companies: one for workers the employer provides a relatively stable and labor services are within the scope of the employer's business; the second is the existence of affiliation of workers and employers, that the behavior of the labor service workers are under the arrangement, management and supervision of the conduct of the employer ; Third,moncler branson, the employer for workers to provide the necessary working conditions, remuneration paid to the employee.
"Relations with Sany fully meet the above three points, should be identified as the fact that labor relations, it should be in accordance with the" Injury Insurance Regulations, "will it hurt at work identified as work-related injuries suffered." Loving Europe, said.
Loving Europe proposal, the parties should first get injured Confirmation accident unit,woolrich boulder, if the unit refused to identify work-related injuries, work-related injuries should be applied to identify, by the labor department finds constitute injury, and arrange labor appraisal committee identified the injury level. (Weekly News Legal Hotline :) identified based on the level of work-related injuries, according to "Injury Insurance Regulations" compensation. If the labor department not identified injuries may apply for reconsideration, if still dissatisfied after reconsideration, may file an administrative lawsuit. In addition,moncler originale come si riconosce, when the labor sector is not recognized as work-related injuries, the parties can also choose to bring a civil tort action for damages, according to the general tort case processing. That is, once impassable roads injury claims, the parties may file a lawsuit in the people's court according to the law, based on "Supreme Court to hear cases of personal injury compensation law applicable to explain a number of issues," asked the factory infringement damages.
"If the above two defenders impassable roads, the parties also can be based on" Student Injury Treatment "and deal with relevant laws and regulations, requiring schools to compensation." In Europe it seems loving, party Deng Zhenguo a number of ways to safeguard their rights. (Newspaper blog address:
