Fujian bus driver stopped before sudden death, but the company refused to identify work-related injuries. What happened afterwards?

The bus driver had a heart attack and died suddenly on the side of the road after stopping painfully, which ensured the safety of a bus passenger! Just when the public praised the driver angrily, the automobile transportation company said that it could not be considered as a work-related injury because he signed a statement of voluntary waiver of social security. Under the supervision of the local authorities, the family of the deceased spent a lot of effort and finally got millions of compensation. Today, "Four Brothers Have the Law" uses this case to talk to you about whether it is effective for employers to let workers sign a voluntary waiver of social security.

1. Case: The bus driver died suddenly at work. According to the bus video, on the day of the incident on October 25th, 65438/KLOC-0, Master Chen suddenly felt chest discomfort, coughed violently and beat his chest many times while driving the bus. After he couldn't relieve his discomfort, he parked the bus on the side of the road and got off and sat on the side of the road to rest. Not long after, Master Chen suddenly fell to the ground and never woke up. Master Chen Can still relies on the roadside for bus safety in "Fight to the Death", which ensures the safety of a bus passenger, and has won praises from countless netizens, and some even launched a mourning activity on the Internet.

Master Chen's wife, Ms. Song, found Fuqing Huaping Automobile Transportation Co., Ltd. where Master Chen was located when she was cooking the funeral. The person in charge of the company told her that Master Chen did not have social security and could not be considered as a work-related injury, but the company was willing to pay them humanitarian compensation of100000 yuan. During this period, the company took out the Declaration of Voluntary Abandonment of Social Security signed by Master Chen on September 8, 20 17, which read: I don't want to buy social insurance in our company. Upon Party A's application, Party B agrees not to force Party A to apply for social insurance in social security institutions, and Party B will subsidize Party A with 500 yuan every month, which will be paid together with the salary.

The family of the deceased refused to accept the complaint and complained to the local authorities. Fuqing Human Resources and Social Security Bureau determined that the accidental injury suffered by Master Chen met the first paragraph of Article 15 of the Regulations on Work-related Injury Insurance, which belongs to the scope of work-related injury identification, and is now recognized as a work-related injury. Fuqing Huaping Automobile Transportation Co., Ltd. shall pay compensation to Master Chen's family according to the compensation standard for work-related injuries. In other words, Master Chen's situation is a work-related injury, because he did not participate in social security, and the compensation should be paid by the automobile transportation company.

After many twists and turns, Fuqing Huaping Automobile Transportation Co., Ltd. compensated the driver's family for 654.38+0.23 million yuan according to relevant standards, and will be responsible for the "aftermath" of the deceased.

Second, the case is clear and reasonable! The dispute in this case lies in whether the employer can be exempted from liability and whether it has legal effect after the laborer voluntarily signs the declaration of giving up social security. At present, this situation is more common. Some employers want to pay less wages and force workers to sign such agreements in disguise. Some workers want to find a better job and propose to give up signing labor contracts and not paying social security. How to deal with disputes in this situation?

1, Master Chen's condition is a work-related injury.

According to the Regulations on Work-related Injury Insurance, those who are injured by accidents during working hours and workplaces will be recognized as work-related injuries. During working hours and jobs, those who died of sudden illness or died after being rescued within 48 hours shall be regarded as work-related injuries and enjoy the same treatment.

Article 15 of the Regulations on Work-related Injury Insurance shall be deemed as a work-related injury under any of the following circumstances:

(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;

(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;

(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.

2. Does the signed waiver of social security have legal effect?

According to the labor law, the employer must pay medical care and social security for the employee within one month after signing the labor contract with the employee, which is mandatory by law. If it is mandatory by law, it must be applied according to law and cannot be changed or excluded by personal will. In other words, as long as there is no justifiable reason to "exclude", it cannot be exempted because of negotiation between the two parties. Just as children have a legal obligation to support their parents, this obligation cannot be exempted because both parties sign a "severance of father-son relationship". Of course, the law will not protect people who sleep on their rights. Parents don't ask their children for support, and of course their children can't fulfill their support obligations. Therefore, the employer should pay social security for the workers, and it will not be exempted from responsibility because it has signed a statement to give up social security.

If you don't pay social security, you may lose more because of small expenses!

In order to save costs, employers do not pay social security for employees, which seems to save some labor costs. Once an employee has an industrial accident, the compensation originally paid by the industrial injury insurance fund will be transferred to the employer, which is not worth the loss. Like this case, how much does it cost for the car transportation company to pay social security for Master Chen in the past four years? Certainly far less than1230,000 compensation!

3. Who is responsible for work-related accidents under special circumstances? You can read the Regulations on Work-related Injury Insurance to understand the legal provisions of work-related injury identification. The following mainly introduces the responsibility for work-related injuries under special circumstances. If you haven't mentioned anything, you can ask questions in the comments section and I will answer them in time.

1. Dual labor relations: the employee establishes labor relations with two or more units, and when an industrial accident occurs, the unit where the employee works is the unit responsible for industrial injury insurance;

2. Dispatched workers: if the employees dispatched by the labor dispatch unit die of work-related injuries during their work in the employing unit, the dispatching unit shall be the responsible unit of work-related injury insurance;

3. Subcontracting: The employer subcontracts the contracting business to an organization or natural person who does not have the qualification of employment subject in violation of laws and regulations, and if the employee hired by the organization or natural person dies during the contracting business, the employer shall bear the responsibility of industrial injury insurance;

4. Affiliation: If an individual is affiliated to another unit for foreign business, and the employed person dies due to work-related injury, the affiliated unit is the responsible unit of work-related injury insurance.

Written at the end: Master Chen's death was unfortunate, and it was lucky to let his family get millions of insurance subsidies afterwards. What if the employer does not have this compensation ability? Therefore, some workers are also advised not to give up social security for a temporary "high salary". Once an industrial accident occurs, it is difficult to resolve the dispute. If the employer forces the employee to sign such a statement in disguise, he can complain to the human resources and social security department, or he can choose to leave this irresponsible employer.