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#152  Dec 04, 2015    email version

工亡赔偿与第三人侵权赔偿竞合问题 ——以用人单位未为劳动者购买工伤保险为例

Concurrence of work-related death and third-party tort compensation —— a case study of employer purchasing no work-related injury insurance for employee

公司未为员工购买工伤保险,员工在上班途中被第三人驾驶的轿车撞伤,后抢救无效死亡,员工的死亡被认定为工亡。员工家属在获得第三人侵权纠纷获得部分赔偿后,是否还能获得工亡赔偿?

An employee, with no work-related injury insurance effected by his employer, was hit by a third-person’s car on his way to work and died from ineffectual rescue. His death was identified as work-related death. Can the employee’s dependants obtain the work-related death compensation after receiving some third-party tort compensation?

  • 做好安全防护,避免职业病法律风险
  • Do safety protection well and avoid the legal risk of occupational diseases
  • 外资企业即使成功实施了“人力资源本土化”,仍然很有必要聘请熟悉当地法律和人力资源管理特点的专家作为常年顾问,起到预防和制止损害扩大的作用。
  • Even though foreign enterprises successfully implemented the “localization of human resources”, it is still very necessary for them to invite experts familiar with local law and human resource management characteristics as the perennial legal counsel to play the role of preventing and checking the expansion of damages.
  • 退休人员上班期发生意外,算不算工伤?
  • If an accident occurs to a retired personnel during work period, will it be treated as work-related injury?
  • 上海、苏州等地区认为,退休人员和单位建立的是一种特殊劳动关系,仍应部分适用劳动法规如最低工资、工作时间、劳动保护等,退休人员在工作中受伤的仍可以按照工伤处理,进行工伤认定、劳动能力鉴定、享受工伤待遇。
  • In Shanghai and Suzhou, retired personnel and entities have established a special type of labor relationship, and the relevant parts of labor provisions such as minimum wages, working hours and labor protection will apply. Where retired personnel is injured at work, he will still be subject to the treatment of work-related injury, including determination of work-related injury, assessment of working capability and entitlement to work-related injury treatment.
雇佣动态 / Employment Express
  • 李克强:博士后制度要更多吸纳企业力量

    Li Keqiang: more corporate power shall be incorporated into the postdoctoral system

    李克强总理日前表示,从我国博士后流动站的结构看,在企业设立的流动站只占百分之十几,多数还是在高等院校、科研院所。今后产学研要进一步紧密结合,博士后制度要更多吸纳企业力量。

    Judging from the structure of postdoctoral research stations in China, said Premier Li Keqiang recently, the research stations set up at enterprises merely account for less than twenty percent, while a majority of stations are established at institutes of higher learning, and scientific research institutes. In the future, there shall be closer ties for industry-university-research cooperation, and the postdoctoral system shall attract more corporate power.

  • 社科院报告建议2018年开始延迟退休

    Report of the Chinese Academy of Social Sciences (CASS) recommends kicking off the postponed retirement in 2018

    中国社会科学院最近发布的报告建议,从2018年开始,女性退休年龄每3年延迟1岁,男性退休年龄每6年延迟1岁,至2045年男性、女性退休年龄同步达到65岁。

    The recently released report by Chinese Academy of Social Sciences (CASS) recommends that as form 2018, the retirement age of women extends one year for every three years, and the retirement age of men extends one year for every six years. Thus, by 2045, the retirement age of men and women simultaneously reaches 65.

  • 广州:企业少裁员有望获稳定岗位补贴

    Guangzhou: Enterprises with few layoffs are expected to be eligible for subsidies for post stability

    在广州参加了失业保险并采取有效措施不裁员、少裁员、稳定就业岗位的企业,拟由失业保险基金给予稳定岗位补贴。1日,《广州市失业保险支持企业稳定岗位实施办法》在广州市人力资源和社会保障局正式向社会征求意见。

    It is proposed to use the unemployment insurance fund to pay subsidy for stabilizing posts to enterprises in Guangzhou which have participated in the unemployment insurance and have taken effective measures to retain staff, make fewer layoffs, or stabilize posts. On December 1, Guangzhou Municipal Human Resources and Social Security Bureau began to officially solicit opinions from the public about "Guangzhou implementation measures for unemployment insurance supporting enterprises to stabilize posts".

  • 天津再认定30家众创空间

    Tianjin identifies another 30 makerspace

    天津市科委日前公布了天津市第二批众创空间(区县部分)名单,30家众创空间榜上有名。截至目前,天津市已向具备财政资金拨款条件的首批认定众创空间拨付了一次性财政补助资金,专门用于众创空间场地购置或租赁、占用设备仪器购置等初期开办费用。

    Tianjin Science and Technology Commission recently released the second batch of makerspace (located in districts and counties) in Tianjin. Up to date, Tianjin has earmarked one-off financial subsidy fund for the first batch of makerspace which meets conditions for allocation of fiscal fund. The subsidy fund is especially used for the start-up costs such as the purchase or renting of site for makerspace, and acquisition of device and equipment.

  • 外媒:中国劳动力萎缩 部分西方品牌考虑离开

    Foreign media: China's labor force is shrinking, and some Western brands considers withdrawal

    《华尔街日报》日前报道,在未来的几十年里,劳动力短缺将迫使部分西方品牌改造它们的中国业务,或者收拾东西离开。这些变化标志着全球化的新篇章,即自动化为王、贴近市场至关重要、全世界的工人和消费者的生活将再次被打乱。

    Recently, Wall Street Journal reported that in the next few decades, the labor shortage will force some Western brands to transform their business in China, or pack up things and leave China. The change signals a new era of globalization – in other words automation is paramount, keeping the pulse of the market is crucial, and the lives of workers and consumers around the world will be disrupted.

  • 20.1%

    人社部最近联合多家机构的调查发现,目前基本养老保险未覆盖人群主要集中于30岁以下的年轻职工,其比例高达20.1%。

    According to the investigation recently conducted by the Ministry of Human Resources and Social Security in concert with other organizations, the people not covered by the basic endowment insurance are mainly the young staff and workers aged below 30, accounting for 20.1%.

  • 6700

    最近发布的一份报告显示,2015年秋季全国32个主要城市职位平均薪酬6700元,比夏季的6320元平均薪酬增长了380元。

    A report recently released shows that the average post salary in main 32 cities nationwide in the autumn of 2015 is RMB 6700, an increase of RMB 380 on the average salary of RMB 6320 in the summer.

  • 31.1%

    中国青年报社会调查中心日前发布的一项调查显示,31.1%的受访者有创业的想法,22.9%的受访者对创业已有规划、准备实践。54.2%的受访者创业动力来源于时下的创业环境,40.8%的受访者认为创业时理性分析重于感性想法。

    A survey recently released by China Youth Daily Social Investigation Center shows that 31.1% of respondents entertain ideas of entrepreneurship, and 22.9% of respondents have plans to make preparations for entrepreneurship. 54.2% of those interviewed said their entrepreneurship motive is driven by current business environment, while 40.8% of respondents consider that rational analysis outweighs emotional ideas at the time of entrepreneurship.

  • 79.8%

    中国保险行业协会最近发布的一份报告显示,中国城镇职工平均拥有不动产为1.06套,同时,受访者(含家庭)对银行储蓄情有独钟,这一人数比例高达79.8%。

    A report recently released by the Insurance Association of China shows that the Chinese urban workers own 1.06 units of real estate on average; at the same time, respondents (including families) show special preference for bank savings, accounting for upwards of 79.8%.

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