论文部分内容阅读
有很多员工在上班时间发生打架事件导致伤残后,要求认定工伤。而用人单位往往以员工违反单位的规章制度为由不予认定,和劳动者发生纠纷。经过劳动仲裁,甚至经过诉讼,但最终却情况各异。劳动者因打架受伤到底应不应该算工伤呢?国务院令第375号《工伤保险条例》是目前我们国家调整关于工伤法律关系的行政法规,可以说是处理工伤纠纷的最权威的法律依据。因此,是不是工伤,《工伤保险条例》说了算。我们首先看条例中关于工伤认定的规定:第三章工伤认定第十四条职工有下列情形之一的,应当认定为工伤: (一)在工作时间和工作场所内,因工作原因受到事故伤害的; (二)工作时间前后在工作场所内,从事与工作有关的预备性或者收尾性工作受到事故伤害的; (三)在工作时间和工作场所内,因履行工作职责受到
There are many employees who claim to be injured in work after they have been injured in a fight during work hours. The employer often violates the rules and regulations of the unit staff not to be found as an excuse, and the workers in dispute. After labor arbitration, even litigation, but in the end but different situations. Workers should not be injured because of fighting in the end should not be regarded as work-related injuries? State Council Order No. 375 “Industrial Injury Insurance Ordinance” is currently our country to adjust the laws and regulations on industrial injury laws and regulations, can be said to deal with work-related disciplinary dispute the most authoritative legal basis. Therefore, it is not a work injury, “Industrial Injury Insurance Ordinance” have the final say. First of all, we will look at the regulations on the identification of work-related injuries in the Regulations: Chapter 3 Determination of Work Injuries Article 14 Any employee who is under any of the following circumstances shall be deemed to be a work - related injury: (1) He is injured by accident during working hours and in the workplace due to work (2) accidental injury to preparatory or final work related to the work in the workplace before or after working hours; (3) failure to perform work duties during work hours and in the workplace