Zhenru property management company

According to media reports, Xiao Guangquan, who worked as a security guard in the sea pepper market in Pidu District, Sichuan Province, accidentally fell down while overhauling the roof of a merchant and died after several days of rescue. The family of the deceased insisted on asking the property company for compensation, but the person in charge of the property said: no one is looking for him. The two sides were once at loggerheads on the issue of compensation.

It is understood that 62-year-old Xiao Guangquan is a security guard in the sea pepper market. 65438+1October 3 1, after working the night shift of 12 hours, came to a merchant's house to help repair the roof, but accidentally fell off the scaffolding of 1.7 meters. At that time, his nose, ears and eyes were bleeding. He died a few days after being taken to the hospital. After Xiao Guangquan was sent to the hospital, the property management company sent more than 30,000 yuan in medical expenses and no longer provided follow-up treatment fees. It was not until three days after Xiao Guangquan's death that the property company reached an agreement with the family of the deceased under the coordination of the local government department, and the property company compensated 550,000 yuan.

According to the property, Xiao Guangquan did not sign a labor contract with the property, and the salary of 2,000 yuan was paid in cash; The property management company didn't pay insurance for Xiao Lao, and Xiao Lao repaired the roof for the merchants after work, which was out of the scope of work. "No one asked him to do (do this job)" so it is not a work-related injury; The family of the deceased believed that the property management company held a meeting the night before and asked the security guard to solve the problem of the merchant the next day, otherwise the money would be deducted. Although it was after work, it was assigned by the company. Xiao Lao didn't get a helmet, which eventually led to his death. Property management companies have unshirkable responsibilities.

Although Xiao Lao is engaged in security work, if it is really the company's request as the family members say, most people will obey the company's request to do this work, not to mention not paying a fine; If, as the property manager said, no one invited him to go, and Xiao Lao went by himself for extra income (100-200 yuan), the property management company should also bear certain responsibilities.

Because, after all, this is still within the scope of the workplace. Imagine that after work, a person was just about to walk out of the factory and was injured by a falling brick. Is it a work injury? China's "Labor Law" defines work-related injuries as: accidents that occur at reasonable commuting time and on the way are also recognized as work-related injuries.

Xiao Lao didn't sign a labor contract with the property management company, so it can't be counted as a work-related injury, but he did have a labor relationship with the company. Therefore, the property management company should bear certain responsibilities for Xiao Lao's death.

Similar things happened to Xiao Li. Xiao Li entered a company, but he didn't sign a formal labor contract because the HR staff he applied for was absent. A few days later, the leader sent Xiao Li and another colleague on a business trip, resulting in an accident. Xiao Li is seriously injured, but the company is unwilling to carry out work-related injury identification. After collecting the punch card machine and employment application form, the labor inspection department confirmed that Xiao Li had a labor relationship with the company.

In the end, due to the failure to sign a labor contract with Xiao Li, the company not only compensated Xiao Li for medical expenses, but also was fined by the labor arbitration department.

According to the judicial interpretation of Article 14 of China's Regulations on Industrial Injury Insurance, "employees" refer to employees who have established labor relations with employers, and there is a factual labor relationship between them. Even before or after working hours, as long as employees are injured in the work environment, they can be identified as other situations of work-related injuries.

Even though Xiao Lao did the work after the night shift, he was still injured and died in the workplace. There is also a factual labor relationship between the property management company and Xiao Lao, so he can't shirk his responsibility. Of course, we still advocate that safety protection measures should be taken in the process of labor so as not to bring trouble to employers and themselves.