Many enterprises use retired rehired personnel, such people are not only familiar with the business of the enterprise, but also have very rich work experience, and this kind of people generally do not need to pay social security, do not enjoy paid annual leave, etc., for enterprises, there is a certain degree of reduction in labor costs, but there are also some risks, such as overage personnel may be injured at work, do not pay social security can not enjoy work-related injury insurance, so many enterprises want to consult whether over-age personnel can participate in work-related injury insurance?
Recently, the Shanghai People's Social Security issued a document stipulating that over-age personnel and interns can participate in work-related injury insurance, in addition to Shanghai, Hubei, Hainan and Anhui provinces.
In addition, many people are interested in issues related to overage personnel and work-related injury insurance, so let's summarize some related issues.
1. If an employee has already retired, can he still be "identified as a work-related injury"?
In two cases, one is that the enterprise does not participate in work-related injury insurance, and the enterprise needs to bear civil compensation in accordance with the relevant provisions on personal injury suffered by employees engaged in employment activities, and the second is that it has already paid work-related injury insurance or paid work-related injury insurance according to the project, and can apply for work-related injury recognition in accordance with the Regulations on Work-related Injury Insurance.
2. If someone else causes an injury to an over-age employee who participates in work-related injury insurance, does the enterprise still need to help apply for work-related injury?
According to the relevant judicial provisions, if an employee suffers a work-related injury due to a third-party tort, the worker can not only pursue the civil tort liability against the third party, but also request the payment of work-related injury insurance benefits from the enterprise or work-related injury insurance**. Because there is no conflict between tort compensation and the enjoyment of work-related injury benefits, both can be claimed, but if the medical expenses are actual expenses and the infringer has already compensated, the employee may not repeat the claim against the enterprise. Therefore, the company still has to help apply for work-related injuries.
3. Will I be recognized as having an employment relationship if I participate in work-related injury insurance?
Half of the regions that have allowed overage workers to participate in work-related injury insurance clearly stipulate that joining work-related injury insurance does not confirm the existence of an employment relationship between the two parties. Disputes over labor relations need to be resolved in accordance with the relevant provisions on labor disputes. In practice in most regions, the judgment is usually made based on the actual situation, combined with the conditions for determining the employment relationship, and the handling is carried out in accordance with the relevant provisions on the handling of labor relations disputes.
To sum up, when a company hires a retiree, once the retiree is injured, whether it involves work-related injury liability or civil liability, the company will inevitably bear the corresponding risks. To reduce this risk, the best strategy for companies is to actively participate in workers' compensation insurance. If the local government is unable to participate in work-related injury insurance, the company can choose to purchase commercial insurance as an alternative to provide risk protection for the enterprise itself.