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The Study of Conflicts between Claims in Industrial Injury Insurance and Civil Damages Compensations in the PRC
Vocational Injury Benefit;Labor Dispute;Infringement;Compensation;Overlapping
|Issue Date:||2017-10-31 15:59:01 (UTC+8)|
The labor-management relationship in China is formed by labor contract system, combing with the transforming systems of retirement and vocational injury insurance. The vocational injury insurance in China is started with the form of labor insurance in enterprises, and then transformed to the type of social insurance. However, each benefit is still paid by enterprises, which is different from the operation of social insurance in Taiwan. Any dispute that related to money or other matter in terms of vocational injury benefit will be managed with labor-management dispute process. The process is run with compulsory arbitration; thus, inconveniently, the process can not be simplified. In addition, due to the failed connection of the concurrence parts of vocational injury benefits and civil damages, workers can not claim for non-property damages. It's necessary to notice this problem while studying the labor legal system of the PRC. It is also an important message regarding risk management to the Taiwan-based enterprises in China.
|Relation:||Bulletin of Labour Research|
政大勞動學報, 29, 101-128
|Appears in Collections:||[Bulletin of Labour Research] Journal Articles|
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