Companies must be wary of turning benefits into disasters!

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The last edit to this post was made by 68589544 on 2016-8-5 at 12:21. 1.jpg It is a benefit for companies to provide accommodation for their employees, but if an accident occurs, the company cannot avoid taking responsibility. Companies have the obligation to manage the dormitories and to ensure the safety of their employees. Companies must strengthen their awareness in this regard and take it as a lesson. Recently, news of a 19-year-old woman in Zhengzhou dying from an electric shock while taking a bath in a house rented by her company has attracted attention. The editor consulted relevant professionals regarding this matter. The lawyer said: Teacher Cui Tao from the labor law field believes that \"incidents that occur during working hours, on the way to or from work, or during company-organized trips can be considered work-related injuries.\" In a situation like this, it is unlikely to be treated as an occupational injury; it should rather be classified as a death not resulting from work-related causes. If an enterprise pays social insurance for its employees, the costs are covered by the pension fund; these costs mainly consist of funeral expenses and pensions. The funeral expenses amount to three months’ salary, while the pension is equal to several months’ salary based on the number of years worked. If the company fails to pay social insurance for him, the company shall bear all the costs. ” Regarding companies providing dormitories for their employees, Teacher Cui said, “This involves significant risks, and it is not recommended that companies do so.” ” A lawyer from a law firm argued, “Firstly, this is a civil tort case, and the person responsible must bear liability for the girl’s physical injuries.” Secondly, as to how to determine the responsible party, the landlord has an obligation to ensure the safety of the property and its fixtures, and must bear liability for compensation if they fail to carry out maintenance tasks ； As the tenant, the company was obligated to ensure safety for the girls living in the premises, and failed to fulfill this duty, thus being liable for compensation. Third, regarding the proportion of liability for compensation, the court will determine the share based on the specific circumstances; generally, the landlord bears the primary responsibility while the company bears the secondary responsibility. ” Another lawyer surnamed Du also held that: \"If an employee dies from an electric shock in the company dormitory, the company has a responsibility for managing that dormitory, that is, a responsibility for safety management, to ensure the safety of the employees.\" If it’s not a work-related death, the compensation is lower; claims based on tort law result in higher compensation. ” Lawyer Cui, who serves as a legal advisor for a company, added, “It is beyond doubt that companies have an obligation to ensure safety.” However, as for determining the responsibilities of the enterprise and the landlord, it depends on how the rental agreement was drawn up and whether there are any relevant agreements regarding responsibility allocation. Whether it should be classified as a non-work-related injury or as an assault remains to be determined by the lawyer through legal proceedings. ” Based on the views of several experts, the editor believes that, in order to be most beneficial to the victim in cases of personal injury, the compensation amount should be as high as possible ； Classifying it as a non-work-related injury is most beneficial for the company, as it virtually eliminates the need to bear high costs. The editor believes that the court will be able to render a reasonable judgment based on the actual circumstances. Finally, it is important to remind companies to ensure proper safety management in their dormitories, so as to prevent what should be a benefit for employees from turning into a disaster for both them and the company.