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工伤认定作为劳动者获得工伤保险赔偿或者用人单位工伤事故责任赔偿的必要前提,有其重要的意义。工伤认定的正确与否、高效与否和公平与否,关系着劳动者生存权利和人身权利,关系着社...
工伤认定作为劳动者获得工伤保险赔偿或者用人单位工伤事故责任赔偿的必要前提,有其重要的意义。工伤认定的正确与否、高效与否和公平与否,关系着劳动者生存权利和人身权利,关系着社会保险基金的支出。工伤认定的整个过程,既有实体法律上的规定和运用,也有程序法律上规定和运用。
在工伤认定的实体问题上,要清楚分辨劳动关系和相关法律关系的区别,建议从实体法律上对工伤认定作明确的界定,以便劳动行政部门能够直接依据法律或法律解释作出判定,节省认定的时间。
在工伤认定的程序问题上,如何缩短工伤认定程序的时间,如何让工伤认定变得透明、公平,更高效地救济劳动者是本文着重探讨的问题。,从利于受害劳动者的及时救济和保护出发,建议法律对工伤认定的实效问题作明确的限定,让行政部门有法可依。建议在工伤认定阶段纳入听证程序、在诉讼阶段纳入特别程序,充分体现法律的效率和公平理念,以能较好地保护当事人的合法权益。 展开
在工伤认定的实体问题上,要清楚分辨劳动关系和相关法律关系的区别,建议从实体法律上对工伤认定作明确的界定,以便劳动行政部门能够直接依据法律或法律解释作出判定,节省认定的时间。
在工伤认定的程序问题上,如何缩短工伤认定程序的时间,如何让工伤认定变得透明、公平,更高效地救济劳动者是本文着重探讨的问题。,从利于受害劳动者的及时救济和保护出发,建议法律对工伤认定的实效问题作明确的限定,让行政部门有法可依。建议在工伤认定阶段纳入听证程序、在诉讼阶段纳入特别程序,充分体现法律的效率和公平理念,以能较好地保护当事人的合法权益。 展开
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Work-related injuries were injured were identified as workers compensation insurance or employers of accidents a necessary prerequisite for liability, has its importance. The injured were identified correctly or not, whether or not efficient and fair or not, relations between the workers the right to life and personal rights, the relationship between the social insurance fund expenditure. The injured were identified throughout the process, both legal entities and apply the provisions, there are legal provisions and procedures for use.
In work-related injuries were found on the issue of the entity, it is necessary to clearly distinguish between labor relations and related legal distinction between the proposed legal entity from the injured was identified as clearly defined, so that labor administrative departments directly in accordance with the law or legal interpretation to determine, savings That time.
In work-related injuries were found on the issue of the procedure, how to reduce work-related injuries by the time that process, how to make work-related injuries that become transparent, fair and more efficient relief workers in this paper is focused on the issue. , The workers suffer from conducive to the timely relief and protection of the proposed law on the effectiveness of work-related injuries that make clear the limit, so that the executive branch law. Proposed work-related injuries that stage into the hearing process, in the stage of the proceedings into the special procedures, the law fully reflects the efficiency and fairness concept, so as to better protect the legitimate rights and interests of the parties.
In work-related injuries were found on the issue of the entity, it is necessary to clearly distinguish between labor relations and related legal distinction between the proposed legal entity from the injured was identified as clearly defined, so that labor administrative departments directly in accordance with the law or legal interpretation to determine, savings That time.
In work-related injuries were found on the issue of the procedure, how to reduce work-related injuries by the time that process, how to make work-related injuries that become transparent, fair and more efficient relief workers in this paper is focused on the issue. , The workers suffer from conducive to the timely relief and protection of the proposed law on the effectiveness of work-related injuries that make clear the limit, so that the executive branch law. Proposed work-related injuries that stage into the hearing process, in the stage of the proceedings into the special procedures, the law fully reflects the efficiency and fairness concept, so as to better protect the legitimate rights and interests of the parties.
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The injury on job recognized that obtains the workers' compensation insurance compensation or the Employer industrial accident responsibility compensation prerequisite as the worker, has its vital significance. The injury on job recognizes correct or not, highly effective or not and fair or not, is relating the worker right to subsistence and the personal rights, is relating the social insurance fund disbursement. The injury on job recognized entire process, also has in the entity law stipulation and the utilization, also has in the procedure law the stipulation and the utilization. recognized at the injury on job in the entity question, must distinguish the work to relate and to be related clearly the legal relationship the difference, suggested that from the entity law to the injury on job recognized makes the explicit limits, with the aim of working the Administrative department to be able directly explains based on the law or the law makes the determination, recognized economical time. recognized at the injury on job in the point of order, how to reduce the injury on job to recognize that the procedure the time, how does let the injury on job recognize becomes is transparent, is fair, provide reliefs the worker is the question which highly effective this article discusses emphatically. , from favors the suffering injury worker's prompt relief and the protection embarks, suggested that law the actual effect question which recognized to the injury on job makes the explicit definition, lets the Administrative department have legal support. The suggestion at the injury on job recognized that the stage integrates the hearing procedure, to integrate the special procedure in the lawsuit stage, manifests legal fully the efficiency and the fair idea, by can protect litigant's legitimate rights and interests well.
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Work-related injuries were identified as workers industrial injury insurance compensation work-related injuries or employing units a necessary prerequisite for liability, has its importance. Work-related injuries that the correct or not, whether or not efficient and fair or not, relations between the workers the right to life and personal rights, the relationship between the social insurance fund expenditure. Work-related injuries that the entire process, both legal entities and apply the provisions, there are legal provisions and procedures for use.
In the industrial entities that issue, it is necessary to clearly distinguish between labor relations and related legal relations between the difference between the proposals from legal entities for the injuries that clearly defined, so that labor administrative departments directly in accordance with the law or legal interpretation to determine,saving times.
That the procedures in work-related injuries on the issue of how to reduce work-related injuries that process, how to make work-related injuries that become transparent, fair and more efficient relief workers in this paper is focused on the issue. , The workers suffer from conducive to the timely relief and protection of the proposed law on the effectiveness of work-related injuries that make clear the limit, so that the executive branch law. Proposed work-related injuries that stage into the hearing process, in the stage of the proceedings into the special procedures, the law fully reflects the efficiency and fairness concept, so as to better protect the legitimate rights and interests of the parties.
FYI
abbr.For Your Information 供参考
In the industrial entities that issue, it is necessary to clearly distinguish between labor relations and related legal relations between the difference between the proposals from legal entities for the injuries that clearly defined, so that labor administrative departments directly in accordance with the law or legal interpretation to determine,saving times.
That the procedures in work-related injuries on the issue of how to reduce work-related injuries that process, how to make work-related injuries that become transparent, fair and more efficient relief workers in this paper is focused on the issue. , The workers suffer from conducive to the timely relief and protection of the proposed law on the effectiveness of work-related injuries that make clear the limit, so that the executive branch law. Proposed work-related injuries that stage into the hearing process, in the stage of the proceedings into the special procedures, the law fully reflects the efficiency and fairness concept, so as to better protect the legitimate rights and interests of the parties.
FYI
abbr.For Your Information 供参考
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Work-related injuries identified, as a liability of labors gain work-related insurance compensation or work-related injuries compensation of employing units, have a necessary significance.Work-related injuries is correct or wrong, whether efficient and fair or not , related the workers'rights of life and personal rights, and the social insurance fund expenditure. In the entire process of work-related injuries , not only has legal entities and apply the provisions, also has legal provisions and procedures for use.
In the industrial entities that issue, it is necessary to clearly distinguish between labor relations and related legal relations, it propose from legal entities for the injuries to clearly defined, so that labor administrative departments could directly in accordance with the law or legal interpretation to determined, and save the time .
In this paper, it is focused on the problem that identified the procedures in work-related injuries issue , how to reduce work-related injuries time, how to make work-related injuries to become transparent, fair and more efficient to relief workers . From the point of view that it is good for the timely relief and protect the suffered labors .it proposed that the law on the effectiveness of work-related injuries that make a clear limited, so that the executive branch law. Proposed the hearing process is into the work-related injuriest stage, take the special procedures into the stage of the proceedings, the law fully reflects the efficiency and fairness concept, so as to protect the legitimate rights and interests of the parties better and better.
In the industrial entities that issue, it is necessary to clearly distinguish between labor relations and related legal relations, it propose from legal entities for the injuries to clearly defined, so that labor administrative departments could directly in accordance with the law or legal interpretation to determined, and save the time .
In this paper, it is focused on the problem that identified the procedures in work-related injuries issue , how to reduce work-related injuries time, how to make work-related injuries to become transparent, fair and more efficient to relief workers . From the point of view that it is good for the timely relief and protect the suffered labors .it proposed that the law on the effectiveness of work-related injuries that make a clear limited, so that the executive branch law. Proposed the hearing process is into the work-related injuriest stage, take the special procedures into the stage of the proceedings, the law fully reflects the efficiency and fairness concept, so as to protect the legitimate rights and interests of the parties better and better.
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