Job Recruitment Website - Property management - 62 years old, working as a temporary worker in a property company. He accidentally fell from upstairs. Who is responsible for his death?
62 years old, working as a temporary worker in a property company. He accidentally fell from upstairs. Who is responsible for his death?
A 62-year-old person should retire or has retired, does not have the legal qualification of a worker, is employed by an unemployed company, and is not subject to the adjustment of labor laws and regulations, which belongs to labor relations.
62-year-old on-the-job, working hours, accidentally fell from the upstairs and died. If he retired and received a pension, according to the Central Organization Department, Publicity Department of the Communist Party of China, the Central Unified Search Department and the Ministry of Personnel. The opinions of the Ministry of Science and Technology, the Ministry of Labor and Social Security, the General Political Department of the People's Liberation Army and the China Association for Science and Technology stipulate that the property company should properly handle it with reference to the relevant treatment standards of industrial injury insurance; If they are not retirees who receive basic pensions, the property management company shall be liable for compensation according to the provisions of Article 11 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20).
If he joined the company at the age of 62 and fell to his death from the upstairs for non-work reasons, the property management company will not be liable for compensation, and can give appropriate compensation out of humanistic care.
the Supreme People's Court
Interpretation of Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (3)
French interpretation [20 10]No. 12
Article 7 Where an employer brings a lawsuit to a people's court over a labor dispute with an employee who has enjoyed pension insurance benefits or received a pension according to law, the people's court shall handle it according to labor relations.
Interpretation of some problems on the application of law in the trial of personal injury compensation cases
Fa Shi [2003] No.20
Article 11
If a worker suffers personal injury in employment activities, the employer shall be liable for compensation. If a third person other than the employment relationship causes personal injury to the laborer, the right holder of compensation may request the third person to bear the liability for compensation or the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it may claim compensation from a third party.
If employees suffer personal injury due to production safety accidents in their business activities, and the employing unit or subcontracting unit knows or should know that the employing unit that accepts the contract or subcontracting business does not have the corresponding qualifications or conditions for production safety, it shall be jointly and severally liable for compensation with the employing unit.
The provisions of this article do not apply to the labor relations and the scope of industrial injury insurance adjusted by the Regulations on Industrial Injury Insurance.
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