Grassroots lawyers also have spring

Chapter 635 Confrontation
When Wang Chuan saw the full text of Article [-] of the "Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance", his eyes lit up immediately. This provision coincided with Wang Chuan's previous thinking. With this opinion, Wang Chuan felt more confident. Although the Supreme Court and local courts have not yet issued relevant regulations, it is better to have opinions issued by administrative agencies as evidence than nothing, and it is better to talk about legal principles in court.

On the day of the trial, Wang Chuan drove to Miyun Court early.

In the courtroom, apart from the attorneys of the plaintiff and the defendant, there are also many observers sitting below. The people from the TV station are still very powerful. I don’t know how they communicated with the court. They actually set up three cameras in the courtroom. (commonly known as three guns).

Wang Chuan saw Reporter Zhao in the first row of auditorium below, and the two nodded and smiled tacitly.

The judge in charge of the case was a female judge in her thirties, with short hair and big eyes, who was looking through the case files.

The attorneys for the defendant sitting in the dock were two male lawyers. Obviously, the one near the judge was the lead lawyer, and the one behind was the auxiliary lawyer.

Both of them were dressed in suits and leather shoes, with a dignified appearance. When the clerk checked their identity information just now, Wang Chuan noticed that these two lawyers were lawyers from a top ten large law firm in the imperial capital.

Before the trial, the two lawyers in the dock were preparing the documents for the trial, muttering something in a low voice, talking and laughing, with an expression of victory.

There was only Wang Chuan at the plaintiff's table, and he seemed a bit alone.

"Plaintiff, please state your claim, facts and reasons." A moment later, the female judge rang the gavel and the court officially opened. After going through the previous procedures, she said loudly.

I don't know if it's because there are so many people watching today and the people from the TV station are there, the female judge looks very imposing.

"The plaintiff's claim: 49. Judgment that the defendant's engineering company shall bear the responsibility of work-related injury insurance, and pay the plaintiff a one-off work-related death subsidy of 520 yuan and a funeral subsidy of 51 yuan, totaling 820 yuan. Yuan;
920. To pay pensions for dependent relatives, the calculation standard is calculated based on the average monthly income of residents in XX Province in 0.3: 2 yuan x [-] x [-] people;
[-]. The litigation fee shall be borne by Luqiao Company.

Facts and reasons: On January [-], [-], Ma Zhe, the plaintiff's son, died in a traffic accident while working at the construction site of the bridge project undertaken by the defendant engineering company.

The contractor of the bridge project, the Defendant Engineering Company, violated laws and regulations and subcontracted the contracting business to Li Qiang, a natural person who did not have the qualifications of the main employer.

When Ma Zhe was involved in an accident, the engineering company organized personnel on site to assign him to carry out construction work on the road, violating the three mandatory provisions of No. 60 of the Traffic Safety Law, resulting in Ma Zhe's death. Afterwards, the traffic management determined that Ma Zhe and the party responsible for the accident were equally responsible .

On May [-], [-], the People's Court of Miyun District, Beijing confirmed that the engineering company had subcontracted the project to a natural person who did not have the qualifications of the main employer. Although the engineering company had no labor relationship with Ma Zhe, the engineering company had violated the law. For subcontracting, Ma Zhe should bear the main responsibility of the employer for the consequences of Ma Zhe's death at work.

Afterwards, the defendant appealed against the first-instance judgment, and the Intermediate People's Court upheld the above-mentioned first-instance judgment.

According to the "Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations" issued by the Ministry of Labor and Social Security (2005) No. 12, Article [-] stipulates that employers such as construction and mining enterprises contract out projects (business) or management rights to those who do not have the right to operate An organization or a natural person with the qualification of the subject of employment shall be responsible for the subject of employment by the contracting party with the qualification of the subject of employment for the workers recruited by the organization or natural person.

In addition, according to Article 2013 of the Ministry of Human Resources and Social Security's latest "Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance" issued by the Ministry of Human Resources and Social Security (34) No. [-], contracting units with qualifications for employing workers violate the law, The law stipulates that if a contracted business is subcontracted or subcontracted to an organization or natural person that does not have the qualification of the main employer, if the laborer hired by the organization or natural person is injured or killed due to work while engaging in the contracted business, the contractor with the qualification of the main employer shall bear the responsibility. Employers shall undertake work-related injury insurance responsibilities according to law.

Based on the above facts, notices and opinions, the engineering company should bear the liability for work-related injury insurance...

In order to protect the legitimate rights and interests of the plaintiff, the plaintiff appealed to your court, and hope that your court will rule in accordance with the law and support the plaintiff's claim.

complete! "Wang Chuan read the indictment.

"The defendant is pleading!" The female judge looked at the dock.

"The defendant disagrees with the plaintiff's claim, and the defendant believes that the court should reject the plaintiff's claim according to law.

First, there is no labor relationship between the defendant and Ma Zhe.

The plaintiff applied for labor arbitration in February [-], and the labor arbitration committee ruled that there was a labor relationship between the defendant and Ma Zhe.Afterwards, the defendant brought a lawsuit to your court, and your court issued a judgment, confirming that there was no labor relationship between the two parties.Afterwards, the plaintiff appealed to the Intermediate People's Court, and the court of second instance rejected the plaintiff's claim and upheld the original judgment, which is now in effect.

Secondly, there is an employment relationship between the defendant and Ma Zhe.

Your court made a judgment in November [-], ruling that the defendant and Ma Zhe had an employment relationship. Now the judgment has come into effect, and the defendant has fulfilled all the content of the judgment.

The plaintiff filed a lawsuit again based on the same facts, which violated the principle of non bis in idem, and the court should reject all the plaintiff's claims.

In the end, there was no legal basis for the plaintiff to sue to confirm that the defendant was liable for work-related injury insurance.

So far, there is no law or regulation that stipulates that the defendant should bear the liability of work-related injury insurance. The purpose of the "Notice of the Ministry of Labor and Social Security on Establishing Labor Relationship Relevant Matters" cited by the plaintiff is to establish a relationship between special labor entities such as construction and mining enterprises. Between laborers, it is forcibly determined that there is a factual labor relationship between the two parties. However, this practice has been completely rejected by the court in legal practice.The previous labor arbitration in this case and the judgment of your court are good examples.

As for the "Opinions on Several Issues Concerning the Implementation of the Regulations on Work Injury Insurance" issued by the Ministry of Human Resources and Social Security (2013) No. 34, this document is a departmental normative document. Such normative documents themselves do not belong to the scope of law, but their effect is legal. Granted, the premise is that such normative documents themselves must be legal.

In other words, the above-mentioned documents must not conflict with or violate higher-level laws.According to Article No. 18 of the "Regulations on Work-related Injury Insurance", to enjoy work-related injury insurance benefits, an employee with a work-related injury must have a labor relationship with the employer.

The "Regulations on Work Injury Insurance" are administrative regulations, and the "Opinions on Several Issues Concerning the Implementation of the "Regulations on Work Injury Insurance"" put forward by the plaintiff is a departmental normative document.

The defendant believed that the above-mentioned departmental normative documents had violated the provisions of administrative regulations and should not be used by the court as the basis for judging the case.

The defense is over! "The defendant's lawyer spoke loudly and clearly, and everyone in the audience heard that the plaintiff seemed to have no chance of winning.

(End of this chapter)