论文部分内容阅读
1996年2月13日,劳动部办公厅就北京市劳动局《关于处理工伤争议几个问题的请示》,答复如下:一、关于工伤认定的时效问题。目前劳动行政部门对受理劳动者工伤申诉没有时效规定。如劳动者与用人单位因工伤认定及可否享受工伤待遇发生争议,当事人向劳动争议仲裁委员会申请仲裁的,只要符合劳动争议的受案范围,劳动争议仲裁委员会不应不加区别地将职工负伤之日确定为劳动争议发生之日,而应根据具体情况确定劳动争议发生之日,并依据国家有关规定予以受理和处理。二、关于工伤认定发生争议的处理问题。现行认定工伤的法律和政策依据是《中华人民共和国劳动保险条例》、《中华人民共和国劳动保险条例实施细则》和全国总工会《劳动保险问题解答》等规定,负责监督执行工伤保
On February 13, 1996, the General Office of the Ministry of Labor responded to the “Request for Comments on Several Issues Concerning Work-related Dispute Resolution” issued by the Beijing Labor Bureau and replied as follows: First, the issue of limitation of work-related injury determination. At present, labor administrations have no time limit for accepting workers’ grievances. If the laborer and the employer are in dispute over the determination of work-related injury and whether they can enjoy work-related injury, the parties applying for arbitration to the Labor Dispute Arbitration Commission as long as they meet the scope of the case of labor dispute, the labor dispute arbitration commission should not injure the workers indiscriminately Day as the date of labor dispute, but should be based on specific circumstances to determine the date of labor dispute, and in accordance with the relevant provisions of the state to be accepted and dealt with. Second, on the identification of work-related controversy issues. Currently, the legal and policy basis for identifying work-related injuries is the Regulations on Labor Insurance in the People’s Republic of China, the Detailed Rules for the Implementation of the Labor Insurance Regulations of the People’s Republic of China and the Labor Insurance Question Answer of the All-China Federation of Trade Unions. It is responsible for overseeing the implementation of work injury insurance