Louzhi County Procuratorate: The case of resolving administrative disputes with affection has achieved the case.

"Thanks to the prosecutor for helping, the procuratorate for let us get compensation in time and solve our urgent urgency ..." On August 19, Louzh County Procuratorate ushered in two parties. The banner who was enthusiastic about serving the people was sent to the prosecutor, expressing sincere thanks.

Retrospective

On May 27, 2020, Li Moumou died on the spot during a car accident on the way to the logistics company in Wu'an City, Hebei Province. The police found that the perpetrator was fully responsible.

According to the relevant provisions of the "Work Injury Insurance Regulations", the applicant shall submit an application for work injury identification before May 27, 2021. Li Moumou's family members submitted an application for labor relations arbitration to Louzh County Human Resources and Social Security Bureau on May 20, 2021. According to Article 30 of the "Implementation of the" Regulations on the Implementation of the "Work Injury Insurance" in Shanxi Province Ask for controversy due to labor and employment relationships, the parties should apply for arbitration from the labor and personnel dispute arbitration committee, and the labor and personnel dispute arbitration committee determines the labor and employment relationship in accordance with the law.内。”其劳动关系仲裁期间为2021年5月20日至2021年12月18日，此期间为处理人事劳动争议的时间，应当予以扣除，即申请人申请工伤认定的截止时间为2021年12 On the 26th. However, Li Moumou's family membership applied for work injury identification on January 5, 2022. It has exceeded the time limit of 1 year of work injury. The bureau has made a decision not to accept it. Li Moumou's family did not accept it. He applied for administrative reconsideration on February 22, 2022. Louzh County People's Government made a review decision on April 7 to maintain the original decision.

After the review decision was made, Li Moumou's family members were not able to make a decision and kept petitioning. During the period, the prosecutor took the initiative to intervene in the case, actively met with the parties, listened to the party's demand carefully, and learned that the quality appeal was to compensate the deceased in accordance with the working injury insurance treatment. After various investigations, the logistics company did not sign a labor contract with Li Moumou, nor did it pay work injury insurance to Li Moumou in accordance with regulations.

In order to promote the solution of the problem and promote the settlement, the prosecutor repeatedly explained the "Regulations on Work Injury Insurance" to the employer repeatedly, clarifying the legal consequences of the employer's work injury insurance liability and the insurance compensation for refusal to pay. For the situation, adhere to the law as the basis of law, to serve people, and from the perspective of law and litigation economic perspective, to guide the parties to resolve disputes rationally and peacefully. Through unremitting efforts, the employer is willing to bear 350,000 yuan in work injury compensation, and the parties also agree to reconcile.

In the process of resolving the administrative dispute, Louzh County Procuratorate gave full play to the advantages of integrated case handling, incorporated judicial assistance into the review of administrative dispute cases, and invited hearing and lawyers to participate in public hearing of this case. According to the hearing opinion, the procuratorial organs decided to implement judicial assistance to the family. At the same time, the behavior of the administrative organs did not pay insurance for employers' non -payment insurance. It is suggested that Li Moumou's family members also made a promise of a complaint, and the case really realized the case that had ended the case.

Source: Louzhisai

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