Norms Are Not Standardized.

A company known as "standardized" and "efficient" has no formal labor contract, no legal record of social security payment, and even the most basic labor remuneration is free. Even so, in the interview with reporters, enterprises are still saying with great shame that "these are implemented in accordance with the relevant provisions of Shanghai and labor law."

However, reporters found that the relevant provisions and regulations found that according to the provisions, written labor contracts should be signed when the labor relations were established, and they should have all the key elements. Each unit and worker should hold one.

Pay social security according to law; overtime work should be paid according to certain standards in different time periods; even if the work is stopped or stopped, wages should be paid according to the agreement in a wage payment cycle.

From these Provisions, we can not see the "standard" of enterprises.

The so-called "norm" is in accordance with established

The operation of a standard requirement is so contrary to the practice that the law stipulates that enterprises still regard themselves as a standard of operation, and obviously regard the boss's words as a criterion of compliance.

The reason is that thinking has been imprisoned and has not kept pace with the development of the times.

Some owners of private enterprises think that assets are their own and capital is also their own. Enterprises are the result of their hard work. Of course, they often have an unreserved position in enterprises.

However, in order to manage enterprises according to law, the boss's words and deeds must be carried out within the framework of law.

To manage enterprises according to law, we must first clarify the line between the interests of the company and the personal interests of the employees, which are the profits of the enterprises, which are the human costs that need to be paid, and the social security and overtime wages should be taken as the cost.

The portion of the expenditure is owned by the company, and that part of the original profit will also become an illegal cost.

Secondly, after clarifying the relationship of interests, enterprises should also turn it into a system that is fixed to writing.

As the saying goes, without rules and regulations, Cheng Fangyuan, the legal and effective rules and regulations of enterprises are the "rules" for managers and employees in the future.

A company that has laws and rules to follow is not only easy to win the hearts of the people, but also conducive to the formation of a good order and atmosphere for production and operation.

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Returning home for lunch at noon on weekdays, I was killed in a car accident when I returned to work.

The decision of the social and social bureau to make a decision not to identify the work-related injury caused a dispute, and the relatives of the deceased filed a lawsuit.

The cognizance of "going to work" became the focus of the case. The Qingpu court finally supported the decision of the Bureau of human resources and social affairs on the basis of evidence and differentiation of jurisprudence.

Ms. Zeng is a native of Jiangsu and has worked for a cleaning service company.

Although the company was in Shanghai, she was assigned to work in a company in her hometown.

The company provides canteens for employees, and usually they eat in the canteen. Employees say they usually eat and rest from 11 to 12.

In February 2015, Mrs Tsang was invited by her elder sister to go to her home for lunch. Because her mother lived in her sister's house, she thought not too far away and could visit her mother, and she agreed.

At the end of the meal, she rode the battery car.

Around 13 p.m. in the afternoon, on the way back to the company, she collided with a car at the intersection, only to see that Ms. Zeng died of her rescue.

The traffic police confirmed that Ms. Tsang was not responsible.

However, when she applied for a work-related injury confirmation to the people's Insurance Bureau, Ms Tsang's daughter Xiao Xu got a decision not to confirm the work-related injury.

Xiao Xu did not understand, obviously working day, but also to go to work. It should be a traffic accident on the way to work. How can it not be counted as a work-related injury?

Then there was a dispute and she finally chose to sue.

The people's Insurance Bureau believes that Ms. Zeng is an employee of the company involved. The company provides canteen for employees to eat, which means that reasonable and necessary conditions have been provided to meet the basic physiological needs of the staff lunch.

The Plaintiff still goes out to other places for dinner. This behavior is private and not on the way to commute.

After hearing the case, the court held that Ms. Zeng's identity as employee was not controversial, and the focus of the case was "on the way to work".

Analysis of relevant legal provisions and jurisprudence, constitute industrial accidents on the way to work, not only should consider the time of staff departure from the starting place, accident location, but also from the purpose of staff leaving the unit to consider comprehensively.

In this case, on the one hand, the direct purpose of MS Tsang leaving the unit is to go to her sister's house for dinner, and to visit her mother at the same time is for personal reasons.

On the other hand, according to the employment unit, lunch and rest time is from 11 noon to 11:30, and the time of the accident is 13 PM to 25 p.m., which is more than two hours of lunch break. Obviously, it is not within a reasonable time limit.

To sum up, the court held that an accident happened to Ms. Zeng was not legally recognized as a work-related injury or regarded as a work-related injury.

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