Why is the court still ruling that the company needs to compensate 900000 yuan after encountering a work-related injury? Workers promise to pay work-related injury insurance and other work on their own | Crew | Court

Release time:Apr 13, 2024 23:26 PM

June 25th is the 13th World Seafarers Day, and the Shanghai Higher People's Court will report on the work of serving and protecting the rights and interests of crew members, and release typical cases.

From 2018 to 2022, Shanghai courts accepted a total of 1137 first instance cases involving crew labor and maritime special procedures involving crew members, with 1197 cases concluded and a total amount of 145 million yuan involved; Accepted 482 cases involving crew members in execution, with a target amount of over 38.55 million yuan fully executed; The main types of disputes in the collection of cases are concentrated in crew salary and compensation, as well as crew personal injury and death, with crew salary and compensation disputes accounting for 87.7%.

Due to the high mobility and employment flexibility of crew members, in the shipping market, in addition to traditional labor contracts signed by crew members, there are also labor dispatch relationships and free crew members who do not sign labor contracts with any unit. This involves various relationships such as employers, employers, dispatch units, intermediary agencies, ship owners, ship managers, ship lessees, etc. It is easy to generate significant disputes on the payment subject of wages and compensation, and the responsibility subject for crew casualties. Therefore, cases involving crew members mainly exhibit complex litigation employment relationships, obvious characteristics affected by the epidemic, multiple foreign-related connection factors, and a high first instance resolution rate.

In August 2018, Le worked as a sailor on a ship owned by the defendant Donghai Company. Both parties agree in the employment contract that Mr. Le promises to pay the housing provident fund and various social insurance benefits to the relevant local institutions on his own. Afterwards, Le died unexpectedly on board the ship, and the labor security department recognized it as a work injury. Le's wife Zhang, along with her mother and daughter, jointly filed a lawsuit with the court, demanding that Donghai Company pay over 900000 yuan in work-related injury insurance benefits and funeral expenses, as well as over 1 million yuan in compensation for supporting relatives, based on the labor contract relationship. Donghai Company believes that Mr. Le voluntarily proposed not to pay the corresponding social insurance on behalf of the company, and both parties have reached an agreement on this. Therefore, the responsibility for not being able to obtain work-related injury compensation due to not paying the work-related injury insurance premium is not on his own and should not be compensated.

After the trial by the Shanghai court, it was found that although Le had agreed with Donghai Company to pay various social insurance premiums on his own, it could not exempt the employer from the legal obligation to pay work-related injury insurance premiums in accordance with relevant laws and regulations. According to the Implementation Measures for Work Injury Insurance in Shanghai, if an employer fails to pay the required work injury insurance premiums while participating in work injury insurance, and an employee suffers a work injury during this period, the employer shall pay the fees according to the work injury insurance benefits and standards. Therefore, the court ruled in the first instance that Donghai Company should pay a one-time work-related death allowance and funeral expenses of more than 900000 yuan, and rejected the other claims of Zhang and others. In the second instance, under the auspices of the court, both parties reached a mediation agreement with a compensation amount slightly higher than the amount determined in the first instance.

It is reported that the Shanghai court has always attached great importance to the mediation and resolution of cases involving crew members. In addition to participating in the distribution of ship auction funds, which generally requires the basis of property rights judgments, a considerable number of labor disputes involving crew members in the first instance have been resolved through mediation, settlement, and withdrawal. The case withdrawal rate accounts for about 77.2%, effectively resolving conflicts and disputes.

What does the turtle lock look like in the First Prison in the Far East? What is zombie bath salt? There are more exciting exhibitions here | Administrative | Shanghai | Bath Salt
What does the turtle lock look like in the First Prison in the Far East? What is zombie bath salt? There are more exciting exhibitions here | Administrative | Shanghai | Bath Salt

What do the locks and keys of the First Prison in the Far East look like? What is the exclusive story behind the first stock listing in New China? How did "Juvenile Offender" be "reborn" in Shanghai? How was the Shanghai lawyer appointed to defend the Gang of Four On August 16th, the Municipal Bureau of Justice organized a government open day event called "Entering the Shanghai Judicial Administration History Exhibition Room". More than 40 public representatives visited the Shanghai Judicial Administration History Exhibition Hall to gain a deep understanding of the past, present, and future of Shanghai's judicial administration. The exhibition room has 9 exhibition halls, including the Comprehensive Rule of Law Hall, the Administrative and Legislative Hall, the Public Legal Service Hall, and the Outlook for the Future Hall. There are nearly 1800 historical materials, 79 videos, and 34 interactive projects, including photos, documents, and other physical objects, showcasing the historical development of Shanghai's judicial administration in all aspects

Is it useful to find a prosecutor? A prosecutor other than the prosecutor has been enforced by the court and has already paid a fine. The prosecutor | country | court
Is it useful to find a prosecutor? A prosecutor other than the prosecutor has been enforced by the court and has already paid a fine. The prosecutor | country | court

When it comes to prosecutors, most people's impression may be that they are "national prosecutors" handling criminal cases, dressed in uniforms, accusing crimes. In the recently popular TV series "Public Prosecution", Dilraba portrayed the prosecutor Anna in this image. In recent years, procuratorial organs have increasingly attached importance to the functions of civil, administrative, and public interest litigation procuratorial organs, and they have also formed the "four major procuratorial functions" in the new era together with criminal procuratorial organs. In the recent procuratorial competition organized by the Supreme People's Procuratorate, civil, administrative, and public interest litigation competitions were added for the first time. After fierce competition, several civil, administrative, and public interest litigation prosecutors in Shanghai have been awarded the title of business model. The story of prosecutors outside of the prosecutor is equally exciting. Through their stories, perhaps we can gain a more comprehensive understanding of the profession of prosecutors and gain a deeper understanding of prosecutors

Can you fill in the penalty for breach of contract casually? Legal observation | A college student anchor in Shanghai was sued by a brokerage company for 9 million yuan on the platform | Live streaming | Student
Can you fill in the penalty for breach of contract casually? Legal observation | A college student anchor in Shanghai was sued by a brokerage company for 9 million yuan on the platform | Live streaming | Student

In recent years, short video live streaming platforms have developed rapidly. According to reports from relevant research institutions, the user base of online live streaming in China has exceeded 700 million people. Under the huge market dividend, many anchors have abundant income, which has also stimulated more young people to enter the anchor industry. Xiaoyu, who is still in college, is one of them. In August 2020, he signed an exclusive entertainment agency contract with a cultural company in Shanghai, despite his handsome appearance. However, four months later, due to frequent conflicts between the company's arranged live broadcast time and school courses, the two sides continued to experience friction. Xiaoyu had the idea of terminating the contract, and the company proposed a penalty of 9 million yuan for breach of contract. Xiaoyu's experience is not an exception. According to a review of public reports by Jiefang Daily's Shangguan News, many companies will stipulate high liquidated damages in their contracts when signing contracts with anchors.

Pay attention to safety while driving after work!, Water has accumulated in some sections of Shanghai, and rainstorm signal is encountered during the evening peak. Reporter | Road Section | Evening Peak
Pay attention to safety while driving after work!, Water has accumulated in some sections of Shanghai, and rainstorm signal is encountered during the evening peak. Reporter | Road Section | Evening Peak

At 16:12 on July 21, Shanghai center Meteorological Observatory updated rainstorm blue as rainstorm yellow warning signal. Entering the evening peak, the rain continued and urban road traffic was affected. The reporter learned from the Municipal Public Security Traffic Police Corps that some sections of the city's Pudong, Yangpu, Putuo and other areas have experienced waterlogging, and the slow traffic of vehicles on the Central Ring Road is prominent, significantly affecting road traffic. The traffic police departments in the city have increased their police force and carried out dynamic monitoring of water prone points such as underpasses. Together with the departments of obstacle clearance, maintenance, and water management, they will promptly carry out drainage and disposal. In sections with severe waterlogging, on-site traffic police will also guide people and vehicles to detour according to the plan. The traffic police department reminds the general public to slow down the speed, use lights according to regulations, drive with caution, and avoid danger when driving after work.

Deputy ministerial level trial position accused of accepting bribes of over 83.61 million yuan, "privately sharing the honor of the Party and the country" | Individual | Bribery
Deputy ministerial level trial position accused of accepting bribes of over 83.61 million yuan, "privately sharing the honor of the Party and the country" | Individual | Bribery

After more than 10 months of being prosecuted by the procuratorial organs, Gong Jianhua, former member of the Party Group and Deputy Director of the Standing Committee of the Jiangxi Provincial People's Congress, appeared in court for trial. On June 15th, the Intermediate People's Court of Zhangzhou City, Fujian Province, publicly held a first instance trial of Gong Jianhua's bribery case. Gong Jianhua pleaded guilty and repented in court, and the court announced a date for sentencing. Gong Jianhua was born in 1962 in Nanchang County, Jiangxi Province. He has been working in Jiangxi for nearly 40 years and has served in various places such as the Jiangxi Provincial Agriculture Office, Nanchang, Yichun, and Fuzhou. He has held positions such as Deputy Secretary of the Nanchang Municipal Party Committee, Mayor of Yichun, and Secretary of the Fuzhou Municipal Party Committee. In 2014, he was appointed as a member of the Standing Committee of the Provincial Party Committee and was promoted to the deputy ministerial level. The following year, he was appointed as the Secretary of the Nanchang Municipal Party Committee. In 2017, he was appointed as the Deputy Director of the Standing Committee of the Provincial People's Congress, and he voluntarily submitted to the case in 2021. From the accusations made by the People's Procuratorate of Zhangzhou City, it can be found that Gong Jianhua's