Becoming a lawyer starts with raising a Xiezhi

Chapter 15 Court Arguments
In court, Meng Lang looked at the other party's lawyer, thinking in his heart how to defeat the other party and win the case.

The opposing lawyer also looked at him, showing full confidence. On the one hand, seeing him young, he felt that he was a rookie and ignored him; on the other hand, he felt that Ke Lianren had resigned from the company. Traffic accidents that occur later should not be identified as work-related injuries.

After the trial began, both the plaintiff and the defendant had no objection to the facts of the case, and the other party also admitted that Ke Lianren had a traffic accident on his way home, and had no objection to Ke Lianren's medical expenses and disability appraisal.

The judge looked at both parties and said: "The focus of this case is whether the traffic accident that happened to the third party, Ke Lianren, on his way home is a traffic accident that happened to a laborer on his way to and from work as stipulated in the Work Injury Insurance Regulations. and a third person can debate this issue, and now the plaintiffs will speak first."

This case is an administrative dispute case. The plaintiff is the company where Ke Lianren works, while the defendant is the Human Resources and Social Security Bureau who identified Ke Lianren as a work-related injury. Ke Lianren appeared in court as the third party with the independent claim.

The Bureau of Human Resources and Social Security did not hire a lawyer, but only sent staff from the bureau to appear in court to respond to the lawsuit.Now the judge lets the plaintiff speak first.

The plaintiff’s lawyer said confidently: “The commute to and from work stipulated in the Work Injury Insurance Regulations presupposes the existence of a legal labor relationship between the laborer and the employer. In this case, the third party, Ke Lianren, has resigned from the employer. , from a legal point of view, he has no relationship with the employer. At this time, no matter where he goes, the employer can neither control him nor have anything to do with the employer. In this case, any traffic accident occurs. It cannot be attributed to the employer, and the employer cannot be made to bear the loss of his personal traffic accident, otherwise, it does not meet the requirements of the law of reason and reason. Therefore, the court should rule to revoke the decision on the work-related injury and protect the legitimate rights and interests of the plaintiff.”

The plaintiff's lawyer said a lot, and it sounded quite reasonable.When the staff of the Human Resources and Social Security Bureau responded, they only insisted that the decision made by the Human Resources and Social Security Bureau was correct and protected the legitimate rights and interests of the employees. The plaintiff's lawsuit was groundless and did not give too many reasons.

After the two of them finished speaking, it was Ke Lianren's turn.

As the attorney representing him, Meng Lang began to say: "As the third party in this case, the third party does not deny that he had resigned from the employer on the day of the incident, but resigning from the employer does not mean that the obligations and responsibilities of the employer have disappeared. The law stipulates that laborers enjoy work-related injury insurance benefits. This is a special protection for laborers in our country. Labor embodies value, and the protection of laborers is the protection of value. Therefore, considering the original intention of legislation and value protection, we It is necessary to correctly understand the inherent meaning of a traffic accident on the way to and from work being recognized as a work-related injury.

Second, the logic of the plaintiff's understanding is that the identification of work-related injuries must be based on the existence of an employment relationship. In this regard, we do not deny the accuracy of this sentence, because no matter whether it is a factual labor relationship or a signed labor contract, the identification of a work-related injury cannot Based on this.However, the determination of the work-related injury by the third party is also based on the fact that he has a labor relationship with the employer.

In this case, the labor relationship between the third party and the employer exists legally. After he had a traffic accident, it is not in accordance with the law of reason and reason to carry out work-related injury identification?Now the plaintiff’s reason is that the third party had already left the job when the traffic accident happened, and what happened after leaving the job has nothing to do with them. Then, if the third party leaves the job, will the employer’s obligations to the employees disappear immediately?

For example, after an employee resigns, the insurance that should be paid is not paid, resulting in a potential occupational disease that does not occur, but later occurs, can the employer get rid of the responsibility?
Third, the law stipulates that on the way to and from get off work, commuting here is not a subjective understanding, but an objective behavior, that is, workers do have the behavior of commuting to and from get off work.Taking this case as an example, after the third person resigned from the employer, he was indeed off duty. If you don’t say that he is off duty, do you mean that he is on duty?He went home after a day's work at the employer, what is it if he is not off work?
You can’t follow what the employer said. If you resign from me, you are not off work. I have to go to work, and I must be off work. who?
If he does not go to work until the next day, and he has any traffic accidents, it will naturally have nothing to do with your employer. The resignation of a worker does not eliminate his concept of going to and from work. The obligations and responsibilities stipulated by the law, the employer It still has to be borne, and this should not be based on whether the labor relationship has been terminated. "

When meng lang said these words, the judge couldn't help nodding while sitting on top, and the people from the Human Resources and Social Security Bureau also looked at him with admiration, thinking that what he said made sense.

Seeing this, the plaintiff's lawyer couldn't sit still, and said: "The employer has settled the wages with the third party, and the labor relationship between the two parties has been completely terminated. After the termination, there should be no legal relationship between the two parties. The employer has fulfilled its obligations. In this case, the traffic accident of the third party has become his personal behavior. How can the responsibility be imposed on the employer?

If the employer is still in arrears with the wages of the third party, or the third party has an occupational disease during work, then this is our responsibility, but this case happened after the two parties terminated the labor relationship and cannot be pursued. the head of the employer. "

Seeing what the plaintiff's lawyer said, Meng Lang continued to reply: "It seems that the plaintiff is very concerned about the time when the two parties have a labor relationship, and the law also has very specific regulations on time. A certain day should refer to the whole day. If the contract is terminated on a certain day, then the contract will not be officially terminated until the early morning of a certain day.

In this case, both parties terminated the labor relationship on June 6th, so the labor relationship can only be officially terminated in the early morning of June 15th, and the traffic accident happened to the third party at 6:16 pm on the same day. The law stipulates that the time for the termination of the labor relationship has not yet come, so even for this reason, the employer cannot be exempted from the responsibility to compensate the third party for industrial injury insurance benefits. "

When Meng Lang said this, the plaintiff's lawyer immediately retorted: "There is no such provision in the law. When the contract is signed, it will take effect at that time. If it is signed at eight o'clock, it will become effective at eight o'clock. If it is signed at nine o'clock, it will become effective at nine o'clock."

PS: Lawyer Meng reminded: According to the law, a car accident occurred on the day when the employee left work. According to the law, it should be regarded as a work-related injury. The expiration time of the labor contract expires at 24:[-] on the same day.

(End of this chapter)