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The Injured Employee Lost The Bill And Was Prosecuted.

2016/1/11 19:37:00 20

Injured EmployeesLoss Of BillsProsecution

Employee Xu was hospitalized for work-related injuries, and later, in the process of work-related injury appraisal, Xu lost the original bill of medicine and other bills.

The company will take Xu to court and ask Xu to return the medical expenses paid by the company for more than ten thousand yuan.

After the mediation of Miyun court, the company voluntarily withdrew the action.

Xu is a company employee.

In June 2013, Xu injured his left thumb in the process of production, and the company sent him to Tongzhou District hospital for treatment.

During the period of Xu's hospitalization, the company paid a total of ten thousand yuan for all medical expenses.

Because the company has paid work-related injury insurance for Xu, Xu took the original documents of his case and medical expenses from the company on the grounds of injury identification and medical bills. After that, there was no bills company unable to account for reimbursement. The company repeatedly urged Xu to send the bill back, but Xu explicitly told the company that the notes had been lost.

Because no documents, companies can not.

Reimbursement

The company sued Xu to court and asked Xu to return the medical expenses paid by the company.

Court trial, Xu said he happened.

Injury on-the-Job

The company pays for itself.

Medical expenses

It should be.

Taking into account the difficulties of Xu's economic conditions, the accident has already been unfortunate. The court has mediated mediation between Xu and his unit. After mediation, Xu's company voluntarily withdrew the action.

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In recent years, labor disputes caused by labor remuneration have been rising. Among them, there are many disputes over overtime wages.

There is a different understanding of the dispute over overtime pay in the management of enterprises and labor disputes arbitration and judicial practice, which also brings difficulties to the handling of disputes.

In January 8, 2016, the labor law branch of the Beijing labor and Social Security Law Society held a seminar on labor relations law and practice focusing on overtime wages. Nearly 100 guests from government departments, courts, arbitration, enterprises and trade unions discussed various issues related to overtime pay, including administrative regulations, administrative examination and approval, and cardinal number calculation.

Hu Jie, lawyer of Beijing Law Center, believes that with the increasingly fierce social competition and the accelerating pace of people's lives, "overtime" seems to have become a common form of work in modern enterprises. Labor dispute cases caused by overtime management also occupy a very high proportion.

Workers' right to rest is reflected by working hours and rest time. As some scholars have said, the so-called overtime problem refers to the labor dispute caused by the employer's work overtime due to the employer's occupation of his rest time, which is actually the violation of the right to rest enjoyed by the employer in accordance with the law.

In accordance with the forty-first provision of the labor law, "employers can extend their working hours after consultation with trade unions and laborers because of the need for production and operation. They may not exceed one hour per day. For special reasons, it is necessary to extend their working hours. The extension of working hours under the condition of ensuring the health of workers is not more than three hours per day, but not more than thirty-six hours per month."

Therefore, overtime is to complete the continuous business needs or occasional additional work, rather than a normal job, otherwise it will lose the meaning of the "eight hour working system".

Hu Jie believes that even if the overtime payment is paid in full, enterprises should not arrange for workers to work overtime for a long time. Excessive labor will greatly reduce the work enthusiasm of workers, resulting in lower work efficiency, and will also lead to legal risks.

The ninetieth provision of the labor law stipulates that if the employing unit violates the provisions of this Law and extends the working hours of the laborers, the labor administrative department shall give a warning, order the rectification and impose a fine.

Therefore, overtime should be abnormal. Enterprises need to agree with workers. Overtime should pay wages beyond normal working hours to compensate workers' rest time.

Even so, excessive overtime is still subject to legal restrictions.


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