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Reply of the Administrative Tribunal of the Supreme People's Court to the Request for Instructions on the Application of Law to Death at Work of Staff Members Employed by State Organs | | 最高人民法院行政审判庭关于国家机关聘用人员工作期间死亡如何适用法律请示的答复 |
| (No. 2 [2009] of the Administrative Tribunal of the Supreme People's Court) | | (〔2009〕行他字第2号) |
| The Higher People's Court of Heilongjiang Province: | | 黑龙江省高级人民法院： |
| Your Request for Instructions on the Application of Law to Death at Work of Staff Members Employed by State Organs has been received. Upon deliberation, a reply is hereby made as follows: | | 你院《关于国家机关聘用人员工作期间死亡如何适用法律的请示》收悉。经研究答复如下： |
| In accordance with Articles 2 and 73 of the Labor Law and Article 62 of the Regulation on Work-related Injury Insurance, with respect to Wang Kui's death of a sudden disease, who was a temporary employee hired by Dongfanghong Police Office, Dongshan Branch of the Public Security Bureau of Hegang City, not covered by work-related injury insurance and not an official police officer, the Labor and Social Security Bureau of Hegang City shall determine whether it is a work-related injury and the corresponding work-related injury treatment by reference to the Regulation on Work-related Injury Insurance. The expenses for the relevant work-related injury treatment shall be paid by the organ employing the person in question. | | 根据《劳动法》第二条、第七十三条和《工伤保险条例》第六十二条的规定，鹤岗市公安局东山分局东方红派出所临时聘用、未参加工伤保险、不是正式干警的司机王奎在单位突发疾病死亡，应由鹤岗市劳动和社会保障局参照《工伤保险条例》认定是否属于工伤、确定工伤待遇的标准。有关工伤待遇费用由聘用机关支付。 |
| May 19, 2009 | | 二〇〇九年五月十九日 |
| Annex: | | 附： |
| Request of the Higher People's Court of Heilongjiang Province for Instructions on the Application of Law to Death at Work of Staff Members Employed by State Organs | | 黑龙江省高级人民法院关于国家机关聘用人员工作期间死亡如何适用法律的请示 |
| (No. 6 [2008] of the Administrative Tribunal of the Higher People's Court of Heilongjiang Province) | | (〔2008〕黑行他字第6号) |
| The Administrative Tribunal of the Supreme People's Court: | | 最高人民法院行政审判庭： |
| In the course of hearing the case of Wang Jing against the Labor and Social Security Bureau of Hegang City on the latter's refusal to accept the former's application for determination of work-related injury, regarding whether temporary employees of state organs are eligible for the work-related injury insurance as specified by the Regulation on Work-related Injury Insurance and how to apply the Labor Law, the Regulation on Work-related Injury Insurance, and other relevant laws and regulations, the Nanshan District People's Court of Hegang City, Heilongjiang Province submitted a request for instructions level by level to us. Believing that it is a difficult problem in the application of law, this Court hereby makes a request for instructions on the problem. | | 我省鹤岗市南山区人民法院在审理王晶不服鹤岗市劳动和社会保障局不予受理工伤认定一案过程中，对国家机关的临时聘用人员是否属于《工伤保险条例》确定的工伤保险对象，如何适用《劳动法》和《工伤保险条例》等法律适用问题逐级向我院请示，我院认为属法律适用疑难问题，特向贵院请示。 |
I. Basic facts about the case
．．．．．． | | 一、案件的基本事实
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