《关于自愿放弃工伤申报证明的相关规定及操作指南》

关于自愿放弃工伤申报证明的相关规定及操作指南

Introduction

According to the Work Accident Compensation Law of the People"s Republic of China, the employer shall be liable for the compensation of the work accident. In case the employee fails to submit the claim for work accident compensation within the prescribed period, the employer may request the employee to provide a written declaration of their intention to give up the claim. This article aims to provide a detailed analysis of the relevant provisions regarding the voluntary放弃工伤申报证明 and the operation guidelines for employers and employees to ensure compliance with the law.

Relevant Provisions

《关于自愿放弃工伤申报证明的相关规定及操作指南》 图1

1. The employee shall have the right to submit a claim for work accident compensation within three years from the date of the accident. If the employee fails to submit the claim within the prescribed period, the employer may request the employee to provide a written declaration of their intention to give up the claim.

2. The employee shall provide the written declaration of their intention to give up the claim within one month from the date on which the employer sends the request. If the employee fails to provide the written declaration within the prescribed period, the employer shall assume that the employee has given up the claim.

3. The employer shall save the written declaration of the employee"s intention to give up the claim and shall submit it to the workers" compensation insurance company within ten days from the date on which the employer receives the declaration.

4. The workers" compensation insurance company shall review the written declaration and make a decision on whether to accept or reject the claim for work accident compensation within thirty days from the date on which the insurance company receives the declaration.

Operation Guidelines

1. Employers shall ensure that they comply with the relevant provisions of the Work Accident Compensation Law and the regulations of the local people"s insurance market.

2. Employers shall provide the employee with a written request for the employee to provide a written declaration of their intention to give up the claim within one month from the date on which the employer sends the request.

3. Employers shall save the written declaration of the employee"s intention to give up the claim and shall submit it to the workers" compensation insurance company within ten days from the date on which the employer receives the declaration.

4. Employers shall not make any decisions on their own regarding the employee"s intention to give up the claim. The decision shall be made by the workers" compensation insurance company after reviewing the written declaration within thirty days from the date on which the insurance company receives the declaration.

5. If the workers" compensation insurance company accepts the claim for work accident compensation, the employer shall cooperate with the insurance company in the processing of the claim.

6. If the workers" compensation insurance company rejects the claim for work accident compensation, the employer shall communicate the reason for rejection to the employee within ten days from the date on which the insurance company makes the decision.

Conclusion

The voluntary放弃工伤申报证明 is an important provision under the Work Accident Compensation Law of the People"s Republic of China. Employers and employees must comply with the relevant provisions and operation guidelines to ensure the legal and timely processing of work accident compensation claims. By understanding the rights and obligations of both parties, we can effectively protect the interests of workers and employers in case of work accidents.

（本文所有信息均为虚构，不涉及真实个人或机构。）