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Workers' rights - Shenzhen social security helps you

December 07, 2005 12:06 Shenzhen Business Daily

Seventh in a series of reports on caring for laborers and promoting full coverage of work-related injury insurance

Workers' rights - Shenzhen social security helps you

Shenzhen Business Daily

Workers' rights -Shenzhen social security to help you

Foreign laborers are a special group in our city, and a considerable number of them have participated in work injury insurance, and can get the required compensation from the city social security department with relative ease in the event of work accidents. However, there are some migrant workers, because they just arrived in Shenzhen or other reasons, temporarily did not participate in work-related injury insurance, they have work-related accidents, the rights and interests of work-related injuries are not protected, and the road to safeguard their rights is difficult. On these practical problems, the city social security departments to proactively do the work, for their rights to work-related injuries to help a arm, received a good effect.

After the resignation of not leaving the post injury counts as a work injury?

This is an experience of litigation to argue the case. 2002 September 22, Chen Lianping (a pseudonym) should be recruited into the embroidery company (a pseudonym) work, embroidery company did not according to the provisions of the workers' compensation insurance for him to participate in the insurance procedures. December 10, Chen Lianping resigned from the company, the company said yes. But then Chen Lianping did not leave. December 31, Chen Lianping in the work of the machine out of control, thumb was crushed. Is this a work-related injury? Chen Lianping to the Shenzhen Labor and Social Security Department to apply for work injury recognition.

May 8, 2003, the Department of Labor and Social Security that Chen Lianping belongs to the work injury, enjoy the work injury insurance benefits, paid by Fairview in accordance with the provisions of the company. The interests of the injured employee were thus protected. However, Fairview was not convinced that Chen Lianping had injured himself by running a machine in the company's workshop, and that Chen Lianping had resigned from the company, to which the company immediately agreed and notified him to leave the company within 15 days according to the regulations. During this period, Fairview repeatedly asked Chen Lianping to leave the factory and did not arrange for him to work, so the two sides no longer existed the so-called de facto labor relationship. The focus of the dispute between the two parties was whether Chen Lianping was still an employee of Fairview when he was injured. And took the road of litigation.

May 18, 2004, the Shenzhen Intermediate People's Court made a final ruling, according to the "Shenzhen Special Economic Zone Work Injury Insurance Regulations," Chen Lianping although the resignation, but did not leave the workplace, Fairview did not oppose, the two sides have a de facto labor relationship. The enterprise shall be liable for compensation for Chen Lianping's work injury.

The social security department always receives employees who come to seek legal counseling and legal aid, and gives them detailed answers.

Longgang District, Pinghu Town, a product factory staff engineering Sheng Hua, injured in the work of the factory not only does not help its medical treatment, and will drive him out of the factory, lost his job. The body has no money for treatment of injuries, no money for labor appraisal of Cheng Sheng Hua had no choice but to come to the social security department for help.

The receptionist at the social security department explained the law to him and actively helped him contact the city medical appraisal office, requesting that Cheng Shenghua's disability appraisal fees be suspended. Cheng Shenghua to the city appraisal, Longgang Social Security Administration Division Jun also paid out of their own money to let Cheng Shenghua on the road with. Before the Spring Festival returned to his hometown of Xiaochang County, Hubei Province, to reunite with his family Cheng Shenghua, in January 21, 2004 to a media outlet in Shenzhen wrote a letter to the social security department to express sincere gratitude, the media reported.

Should companies pay for prosthetics?

Disputes about social insurance benefits often arise because the employers and workers concerned don't understand the relevant policies and regulations, and misunderstandings arise when dealing with related issues. By resolving most of the disputes over social insurance benefits in the form of mediation, not only can the disadvantaged workers be spared the pain of lengthy litigation, but also ease the contradiction between employers and employees, which is more conducive for enterprises to focus on their daily production. Therefore, the city's social security departments prefer mediation when defending the rights of injured employees.

Pingshan, a plastic products factory employees Yang, in November 2002 at work was crushed right hand, after the end of medical treatment by the Shenzhen Medical Labor Appraisal Committee identified as fourth-degree disability.

Yang's injury according to the relevant provisions of the need to install a prosthesis, the factory has repeatedly put off, and delayed the installation of nearly 20,000 yuan worth of domestic prosthetics for Yang, and even when Yang's aging father came to shenzhen from henan hometown, requesting that the factory for the installation of prosthetics for Yang when the factory is still ignored.

The desperate Yang Mou to pingshan town social security legal aid to ask for help. The former Longgang social security branch of the person in charge of Yang's situation, from the busy schedule, personally came to Pingshan, to the factory's legal representative to reason, and explain the failure to fulfill the corresponding obligations should bear the legal responsibility, and ultimately to make the factory to recognize their own mistakes, not only agreed to immediately install a prosthetic limb to Yang, but also to the two responsible for saying: "I really want to thank the two social security leadership to give us a vivid lesson in the legal system."

The social security legal aid workers promptly contacted the installation unit for Yang Mou, and designated a special car responsible for transportation. Yang's father and son were so grateful that they thanked the two directors, and one of them said to him, "Social insurance legal aid is to protect the legal rights and interests of wage earners."

Longgang Town, a hardware factory employees blue after the injury, the family repeatedly told his grandfather is critically ill, to go back as soon as possible to see his grandfather's last, but the employer is for various reasons, not timely payment of the injury severance pay and other related work-related injury insurance treatment.

Social security staff in the blue received an application for assistance and understanding of the blue after the situation, immediately designated a person for its mediation with the employer side, many times to communicate with the employer, looking for the factory director, manager, boss and so on, patiently explaining the laws and regulations and policies, to understand the reasoning, emotion, and finally solved the problem of the blue of the injury severance pay in a timely manner to help the blue defend the rights and interests of the people. Get the money the next day, work time has not yet arrived, blue with a written "help the disabled and relief enthusiastic" banner and a big red bag, a large bag of candy to the social security department, to express gratitude to the social security department of all employees. Comrades of the social security department immediately said to blue, "the banner and your heart, we can accept, but the red packet we absolutely can not accept, accept the loss of our intention to do social security legal aid and against the purpose of the social security legal aid", touched by blue only know to say: "Thank you, thank you! ......"

The mediation can not be resolutely prosecuted

For part of the clear understanding of the relevant laws and regulations and policies, but is not willing to pay the relevant treatment of the employer to the applicant, the social security sector to represent the labor arbitration, civil litigation, on behalf of the drafting of legal documents, so that no Or lack of financial ability to defend the rights and interests of social security through the national labor arbitration system, the judicial system, which is also an important means to ensure that workers can obtain the relevant benefits.

Longgang Town, a home furnishing factory material worker Yuan, August 28, 2002 into the factory, the factory did not apply for work-related injury insurance procedures, and in the absence of adequate training for its case to let it on the job, the next day at work, Yuan was sawing the left thumb of the work of the sawing machine, the factory bore the cost of medical care. However, after Yuan's injury, he was identified as a ninth-degree disability, the factory only paid part of the cost of compensation, not willing to bear the statutory one-time disability compensation and one-time dismissal fee for work-related injuries, and asked Yuan to write a guarantee that he would no longer claim compensation from the factory.

YuanMou then came to the social security department, after the staff of the relevant laws and regulations and policies of the explanation, YuanMou know should take up the legal weapon to protect their rights and interests, in the staff's help and guidance, YuanMou according to the legal procedures to apply for the recognition of work-related injuries, and filed a labor arbitration.

In March 2003, the Shenzhen Longgang District Labor Dispute Arbitration Committee made a decision, requiring the factory to pay the corresponding work injury insurance treatment *** counting 37,000 yuan. The factory refused to accept the decision and filed a civil lawsuit with the Longgang District People's Court, which was represented by a lawyer from the social security department. In May 2003, the Longgang District People's Court of Shenzhen made a ruling rejecting the factory's lawsuit request.

Social security legal aid station to help more than 800 employees successfully defend their rights

Social insurance rights and interests are the most basic rights and interests that workers should enjoy, however, in real life, violation of the rights and interests of workers social insurance incidents occur from time to time, and many workers, especially migrant workers, often do not know or do not have the conditions to take up the legal weapon to protect their most basic rights and interests.

In response to this situation, the Longgang Management Office of the Shenzhen Social Insurance Fund Management Center (formerly the Longgang Branch of the Shenzhen Social Insurance Administration) and the Longgang District Bureau of Justice actively organized the youth of the department's operational strength, and in December 2000 jointly created the Shenzhen Longgang District Social Insurance Legal Aid Station, which is specialized in providing legal aid for the vast majority of disadvantaged groups in the field of social insurance.

Since its establishment, the workstation has been adhering to the tenet of "caring heart, assisting hand, safeguarding umbrella", actively exploring diversified ways of social insurance legal aid, safeguarding the rights and interests of social insurance of workers in Longgang District, especially the disadvantaged groups such as migrant workers, and popularizing the knowledge of social insurance and related laws and regulations, It has done a lot of work in protecting the social insurance rights and interests of workers in Longgang District, especially the disadvantaged groups such as migrant workers, popularizing the knowledge of social insurance and related laws and regulations, raising the social insurance awareness of employers and workers, easing the conflicts between employers and employees due to the issue of social insurance, and safeguarding the stability of society.

The workstation was established four years, Longgang District Social Insurance Legal Aid Social Security Department of the work has made remarkable achievements, has provided more than 1400 employees with social security legal aid, which helped more than 800 disabled employees to obtain more than 15.2 million yuan of the relevant work-related injury insurance treatment, but also organized a "youth civilization for you to solve the problem of" a series of promotional activities, and "youth civilization for you to solve problems. In addition, the company has organized a series of publicity activities called "Youth Civilization for Your Worries", taking advantage of weekends, holidays and other spare time to hold more than 60 large-scale publicity activities in factories and distribute more than 400,000 publicity materials on social insurance policies and regulations on the streets, which has played a positive role in protecting the social insurance rights and interests of the socially disadvantaged groups, especially the migrant workers, as well as enhancing the awareness of the social insurance of the employing units and the workers. The publicity of social insurance policies and regulations has played a positive role in protecting the rights and interests of socially disadvantaged groups, especially migrant workers.

It is reported that the Department of Labor and Social Security of Guangdong Province, the *** Youth League Shenzhen Municipal Party Committee, the Shenzhen Municipal Social Insurance Administration, the Shenzhen Longgang District Committee and the district government of Longgang District, Shenzhen, fully affirmed and highly evaluated the practice of the legal aid workstations for social insurance in safeguarding the disadvantaged groups. The social security department was awarded "Advanced Civilized Window" of Shenzhen Social Security System for three consecutive years from 2001 to 2003, and was awarded "Youth Civilization No." of Longgang District by the Youth League Committee of Longgang District of Shenzhen in May 2002, and was awarded "Youth Civilization No." of Shenzhen City by the Youth League Committee of Shenzhen City in December 2003, and was awarded "Youth Civilization No." of Shenzhen City by the Youth League Committee of Shenzhen City in December 2003. In December 2003, it was awarded "Youth Civilization" by Shenzhen Youth League Committee, and the workstation was reported by Shenzhen Business Daily, Shenzhen TV, Guangdong Commercial TV, Longgang Cable TV and many other media.

Taking to the streets to publicize the knowledge of work injury insurance

China's social insurance system has not been established for a long time and is still in the process of continuous improvement and development, and the policies and regulations on social insurance are adjusted from time to time according to the actual situation, so many workers and employers do not have a strong sense of social insurance, and lack of understanding of the current social insurance policies and regulations.

Social security departments provide a comprehensive and systematic understanding of social insurance policies and regulations to employers and workers who are insured or who have missed out on coverage by receiving inquiries from visitors, distributing publicity materials on the streets, carrying out in-depth publicity activities in factories, organizing case discussion seminars, participating in training courses for social security personnel, and opening a "Social Security Mailbox" column in the newspaper. It provides a way for employers and workers to fully and systematically understand the social security system, thus popularizing the legal knowledge of social insurance to a certain extent, making the majority of employers and workers fully understand the true meaning of social insurance and safeguarding the legitimate rights and interests of employees.

Related Links

How to reimburse medical expenses for work-related injuries?

When applying for compensation for work-related injuries, the Department of Work-Related Injury Insurance requires the employer to provide: a copy of the medical record of the work-related injury, receipts for medical expenses and a list of expenses. According to the relevant regulations of the Workers' Compensation Insurance, the Workers' Compensation Insurance Department will review which expenses should be reimbursed and which should not be reimbursed, and the expenses that should not be reimbursed will be indicated on the list of expenses and fed back to the administrator of the employer. What exactly is the medical terminal period based on?

What is the end-of-care period? Is it based on the time of discharge from the hospital? In addition, is there any written notification to the injured person of the time of medical termination? If the injured person is not insured, but need to make a disability appraisal or labor capacity appraisal, can the labor capacity appraisal office to apply for appraisal? If yes, what documents do I need to bring? If not, where should I apply for an appraisal?

According to Article 19 of the Regulations on Work-Related Injury Insurance, the Labor Capacity Appraisal Committee is responsible for confirming the medical termination period and the period of stay without pay for work-related injuries, and confirming the time of medical termination according to the "Guangdong Provincial Standard for Medical Termination of Employee Traumatic Injuries and Occupational Poisoning" (No. 51 of Guangdong Labor Insurance), which is the basis for the evaluation of the medical termination period. Therefore, the medical termination period is not calculated by the time of discharge from the hospital. For example, in the case of a fracture of the phalanges, Article 51 stipulates that the treatment period should be 2 to 4 months. That is to say, the shortest treatment should be 2 months, the longest can not be more than 4 months, such as has been 4 months, but the injured person that still need further treatment, must first to the Labor Appraisal Committee for Labor Appraisal of the extension of the application for treatment, to be approved by the treatment can be continued. The Labor Capacity Appraisal Committee issued by the "Shenzhen City, industrial injuries (occupational diseases) employee labor capacity appraisal conclusion" has a clear medical termination time.

On the appraisal of work-related injuries of uninsured employees: if the injured person does not apply for work-related injuries insurance, he/she should firstly declare the work-related injuries to the labor security department where he/she is working, and then apply for the appraisal of work-related injuries to the Labor Capacity Appraisal Committee of Shenzhen Municipality after the work-related injuries determination certificate is issued. The materials to be provided include: a copy of the certificate of work injury (original), a copy of the identity card of the applicant and the appraisee (original), materials related to medical treatment, and four one-inch bareheaded photos. What if the employer does not submit the application for work injury recognition according to the regulations?

The application for work-related injury recognition is a prerequisite for the smooth implementation of the procedures for work-related injury recognition and determination of work-related injury insurance benefits. According to the provisions of the Regulations on Work-Related Injury Insurance, the employer shall, within 30 days from the date of occurrence of the accident or the date of diagnosis or appraisal of the employee as an occupational disease, submit an application for the recognition of the work-related injury to the competent authority. If the employer fails to submit an application for recognition of work injury in accordance with the above provisions, the injured employee, or his/her immediate family members, or the trade union organization may, within one year, directly submit an application for recognition of work injury to the competent authorities. If the employer fails to submit the application for recognition of work injury in accordance with the prescribed time limit, the employer shall bear the costs related to the treatment of work injury in accordance with the provisions of the regulations on work injury insurance incurred during this period. That is to say, if, due to the employer's failure to submit an application for work-related injury recognition to the social security department within 30 days, the employee's work-related injury insurance treatment that should have been paid by the Work-Related Injury Insurance Fund cannot be paid in a timely manner, the costs incurred will no longer be borne by the Work-Related Injury Insurance Fund, but by the employer. Therefore, these provisions require that the employer, in respect of the accidental injuries or occupational diseases occurring in the unit, shall, in accordance with the laws and regulations, submit an application for the recognition of occupational injuries to the competent authorities in a timely manner and within the prescribed period of time. (Huang Minggang)

Author:Reporter Huang Minggang Correspondent Du Bin Gu Yun Wang Tong Yu Yi