Asked by: Manufacturing, HR
Hello. Recently a worker of our company's factory in Shenzhen got injured during working. Before we apply for him a work-related injury, the worker was detained by public security organs due to his private conduct beyond working hours and occasions. Because of this, we released the labor relations with him. In this situation, can he apply for a work-related injury certificate and enjoy the job injury compensation?
Answered by: RDL-SH: Attorney Zhao Yaxiong?
Hello. In Shenzhen if one gets injured during working hours, on working occasions, by working reasons, and due to an intentional crime, he is unable to get a work-related injury identification. If the injury is not related to the intentional crime, he is allowed to apply for the identification. And if it is determined as a work-injury, he can enjoy the treatment. Work-related injury is not affected by negligent crimes.
In 30 days after the work-injury occurs, the company shall make the application for him, and ought to offer materials which can prove that there are labor relations during injury and that the worker have paid for social insurance when the injury occurs. Over 30 days but less than a year, the worker himself and his close relatives could make the application and all provide the materials mentioned above. At present, this worker is just detained by public security organs, but it's uncertain whether it constitutes a crime, and it hasn't met the situation stipulated in Article 39 of Labor Contract Law that" be held responsible for crimes according to law". Therefore, there will be legal risk for company to release the labor relations.? ? ? ? ? ? ? ? ? ?