Grassroots lawyers also have spring

Chapter 629 Controversial Focus
After lunch at noon, Wang Chuan sent reporter Zhao away, and just as he was about to pack up the case files and go home, Xiao Guo walked over quickly.

"Wang Lv, there is a consultant at the door, he said it is from our downstairs." Xiao Guo said.

"Take him to the conference room. I'll be right over." Wang Chuan saw that the lawyers from his team were not around, and Yue Shan, a newcomer to the team, also followed Du Wenhui to the consulting unit, so he had to receive clients by himself.

"Hi, I'm lawyer Wang Chuan. Do you have any advice?" Wang Chuan asked.

"Hello, my surname is Cong. Our company is on the seventh floor. I want to consult with you about the company." The man in his 40s in front of him adjusted his glasses and said seriously.

"Say it!" Wang Chuan said.

"Our company has three shareholders, the major shareholder holds 60.00% of the shares, another small shareholder holds 30.00% of the shares, and I hold [-]% of the shares.

The actual controller of the company is the major shareholder, and I am the legal representative of the company.In the past few years, the company's business has not been doing well, and it has owed a lot of foreign debts.

Not long ago, our company was enforced by the court. I thought that I actually paid the capital contribution anyway. Even if the company was seized, there should be nothing wrong with me. After all, the actual controller of the company is the major shareholder.

But two days ago I went to buy a plane ticket for a business trip, and it turned out that I was restricted by height and couldn’t buy a plane ticket. Later, I asked the court to find out that because I was the legal representative of the company, the company failed to pay back the debts, and was dragged into blackmail. The list is up.

I explained to the judge for a long time, but they told me that no matter who is the major shareholder or who is the actual controller, I am the legal representative of the company. After the application of the creditor, the company is blacklisted, and I will also be restricted. .

I just want to ask, is there a way to lift my height limit in a situation like our company? "The man surnamed Cong said.

"We really have no good solution to what you said." Wang Chuan shook his head and said.

"Hey! This incident happened. I am not the actual controller of the company. I didn't get much income from the company in the past few years, but the company exaggerated. I am the only one of the three shareholders who suffers! It's not fair!" Said with a mournful face.

"Mr. Cong, we really have nothing to do with your matter." Wang Chuan said sympathetically.

Seeing the client walking out of the law firm dejectedly, Wang Chuan looked helpless, and lawyers are not omnipotent, and many times they can only sigh for many clients!
The next morning, Wang Chuan and his daughter-in-law Wu Hongyan were sitting in the study, flipping through the case materials in front of them. There was a whiteboard in the room with the timeline of the occurrence and development of the entire case written by Wang Chuan, as well as the labor arbitration committee and the labor arbitration committee. The time and brief content of the court's decision.

At this time, Wang Chuan put down the verdict in his hand and stared at the whiteboard.

"I'm sorting out the case, you summarize the controversial points, let's discuss it.

[-]. In January last year, Ma Zhe, the party concerned, died in a traffic accident during the construction of the bridge. The traffic control department determined that both parties were equally responsible.

50.00. In February of the same year, Ma Zhe's parents reached an agreement with the party responsible for the accident, and the party responsible for the accident should compensate Ma Zhe's parents 38% of the loss at one time, [-] yuan.

50.00. The Miyun Court issued a judgment, arguing that the engineering company should bear the responsibility of the employer, because the party responsible for the accident had already paid 50.00% of the compensation, and the engineering company should pay the other [-]% of the loss to Ma Zhe’s parents, including death compensation, funeral expenses, living expenses of dependents, spiritual damage relief payments.

[-]. The Miyun Labor Arbitration Commission issued a ruling, affirming that there was a labor relationship between Ma Zhe and the engineering company, and then the engineering company refused to accept it and filed a lawsuit with the Miyun Court. The Miyun Court ruled that the engineering company illegally subcontracted the project to an unqualified employer There is no labor relationship between the engineering company and Ma Zhe, but the engineering company should assume the main responsibility for employing workers.The court of second instance upheld the judgment of first instance.

[-]. Ma Zhe's parents applied to the Human Resources and Social Security Bureau of Miyun District for identification of work-related injuries.

This is the whole process of the case, how is it? "Wang Chuan looked at Wu Hongyan and said.

"I think there are a few points of contention in this case.

First of all, according to the facts investigated by the court in the judgment, Ma Zhe died in a traffic accident while participating in the bridge construction process, and the traffic police determined that both parties were equally responsible.Later, the party responsible for the incident reached a mediation agreement with Ma Zhe's family and paid a one-time compensation of 38 yuan.

In the case of having already received compensation, if you apply for work-related injury compensation again, will it involve the issue of double compensation for one case?

As far as I know, in practice, some courts believe that if the party concerned has already obtained compensation from the party responsible for the accident, the project contractor should not pay compensation.

There are also courts that believe that traffic accidents and work-related injuries belong to two legal relationships, one is compensation for traffic accidents and the other is compensation for work-related injuries. The two are not contradictory or conflicting. In judicial practice, the opinions of various courts are not the same.

But if it is not the work-related injury but the employer's responsibility, that is another matter. It is generally believed that in the case of compensation by the party responsible for the accident, the employer shall be liable for supplementary compensation, which is consistent with the content of the existing court judgment in this case. "Wu Hongyan said.

"Well, I have also thought about the issue you mentioned, but looking at the court's judgment in this case, it was determined that the contractor engineering company in this case had an employment relationship with Ma Zhe. The court held that the employee suffered personal injury during the employment process, and the employer should bear other On the grounds of only 24% responsibility, the engineering company was judged to pay 1000 yuan in compensation for the death of Ma Zhe's parents. The amount of the judgment is a supplement to the compensation for traffic accidents.

It can be inferred from this point that if Ma Zhe's family members apply for work injury compensation again, they should not be affected by traffic accident compensation.After all, it is another legal relationship.

You went on to say, what else? "Wang Chuan said.

"Another question is whether there is a de facto labor relationship between the two parties, which is the prerequisite for identifying work-related injuries!
According to the provisions of Article 2005 of the "Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations" (Laoshebufa [12] No. [-]), employers such as construction and mining enterprises contract out projects (business) or management rights For organizations or natural persons who do not have the qualifications of the subject of employment, the laborers recruited by the organization or natural person shall be assumed by the contracting party with the qualification of the subject of employment.

Because construction and mining companies often subcontract some projects or businesses illegally to individuals, the significance of the Ministry of Labor and Social Security’s issuance of the above notice is to forcibly identify the factual labor relationship between the contractor and the laborer, so that the laborer Enjoy work-related injury insurance benefits to ensure their rights and interests.

Judging from this case, the Labor Arbitration Commission did hear the case in accordance with the spirit of the above notice, and also determined that there was a de facto labor relationship between the two parties. " Wu Hongyan said.

(End of this chapter)