This winter, the snow is blowing all over the country, and the circle of friends is full of snow for a while.
Although the snow is beautiful, it will also bring inconvenience to travel, and then cause lateness, missed work, falls, etc., perhaps, you will have such a few problems:
If the traffic jam and driving slows down due to heavy snowfall, can the company count me as late? Is it reasonable to deduct wages for being late?
If you fall and get injured on the way to work because of a slippery road in snowy weather, can it be considered a work injury? Determination of work-related injuries
Beijing Yifa Law FirmLawyer Wang QingToday, I will use this article to answer for you.
Is it reasonable to deduct wages for being late on a snowy day?
First of all, it needs to be made clear that ordinary employers do not haveRight to impose finesHowever, it may be stipulated in the company's rules and regulations that the employee's late arrival constitutes a violation of the system, and the wages for the part of the labor that has not been provided at the corresponding time may also be deducted through the rules and regulations.
Generally speaking, the exemption for violation of rules and regulations is "force majeure".
Force majeure refers to disasters that volcanic eruptions, floods, and people cannot resist. Whether a snowy day can constitute force majeure depends on the extent of the disaster. If a snow disaster occurs due to continuous snowfall, the heavy snow closes the door and the traffic is interrupted, affecting the vast majority of citizens, causing most employees to be late for work, it means that the snowfall has exceeded the scope of prevention and overcoming by ordinary people, and this situation can be used as a reason for exemption, and wages should not be deducted for being late for work.
It can be seen that if it is a normal snowfall weather, even if the road is slippery and difficult to walk, the traffic is congested, it is difficult to legally recognize it as force majeure, and the migrant workers do not have the exemption of being late, everyone is still prepared and it is better to go out early
Is a fall on the way to work on a snowy day considered a work-related injury?
Not necessarily. According to Item 6 of Article 14 of the Regulations on Work-related Injury Insurance, a person who is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work may be deemed to have suffered a work-related injury.
To be considered a work-related injury, the following three conditions must be met:
On the way to or from work;
The cause of the injury was a traffic accident;
In the determination of responsibility for the traffic accident, the person is not primarily responsible.
In short,If a traffic accident occurs on the way to and from work on a snowy day, and the traffic police department determines that the person does not bear the main responsibility, it may be determined that it is a work-related injury.
However, if you are injured in an accident during working hours and in the workplace due to work-related reasons, such as accidentally falling on a slippery road in a snowy day in the work area, or falling and injured yourself while going out for work in rainy or snowy weather, it can be recognized as a work-related injury regardless of whether you are responsible or not.
Beijing Yifa Law FirmLawyer Wang Qing reminds youThere are many other legal issues that may arise on a snowy day, such as if the snow obscures the number plate of the motor vehicle and the owner does not deal with it in time, it may be determined as a violation; Another example is building a snowman on the roof of a car on the road, which may also constitute a traffic violation......
Safety is no trivial matter, don't ignore it in your daily life. While enjoying the snow, please also remember these legal issues related to snowy days, and pay more attention to travel to protect your legitimate rights and interests