Work-related injuries agreement unconscionable injured workers receive compensation for occupational injuries
- Details
- Category: Ningbo News
- Published: Monday, 25 June 2012 09:30
Source 2012-6-25 9:04:36 Southeast Business
The employer in the workers lack the legal knowledge workers to sign unconscionability of the agreement, in order to evade the statutory responsibility of the employer should such an agreement do? Beilun District Legal Aid Center to help workers the Mou recover the fair.
In June 2010, Mr. Mou into a car parts company in Beilun, the two sides signed a two-year labor contract unit Mou Paul injury insurance. In August 2010, Mr. Mou move the fan at work, the right hand accidentally be injured by the blades. The company paid all medical expenses, part downtime wage.
Report the identification of related injuries and the ability to work as Mou and Mou and signed a circumvention of responsibility "Industrial Agreement. The Mou no concept of the knowledge of the law of the industrial injury insurance, I believe that the company signed the agreement on.
On March 2 last year, the Mou injury identified disability rating for ten work-related injuries. Followed by auto parts companies from the industrial injury insurance fund to receive 9390 yuan Peifu gold. Due to various reasons, the company did not timely this money to the Mou.
And company differences in the amount of problems, Mou to the Legal Aid Center of Beilun District to apply for legal aid, grassroots legal service workers Zhanggu Ming accepted assigned. The Zhang Guming see Mou and signed by "Industrial Agreement" is significant misunderstanding unconscionable. As stipulated in the agreement, after the signing of this Agreement, to give up the right to raise any other claims, to give up workers' compensation enjoyed by arbitration, litigation Mou.
Last year, July 1, Zhang Guming agent Mou Beilun district labor dispute arbitration committee submitted an application for arbitration. On September 7 last year, Beilun District, labor dispute arbitration committee for mediation by the trial, both sides eventually reached a mediated settlement. One time payment of the Mou all work-related injuries compensation of 27,000 yuan.
Expert Comments
Lo Jiang legal services in Ningbo Zhang Guming: Mou of the case the recipient with the groggy, signed "Industrial Agreement. The employer by the workers lack of knowledge of the law of the machine, escape should bear the legal liability, damage the lawful rights and interests of laborers. For this type of unconscionability of the agreement, the injured party the right to advocate revocation of the unfair agreement.
Southeast Business Daily reporter Chen love red correspondent thought the text
