Shanghai Alshine (Quanzhou) Law Firm

Introduction

★ Passed the first National Judicial Examination in 2002

★ Obtained a practicing lawyer's license in 2005 and has been practicing full-time for over twenty years

★ Awarded a professional lawyer's license in labor law by the Fujian Provincial Lawyers Association in 2019

★ Currently the Director of Shanghai Haoxin (Quanzhou) Law Firm. (★ Currently the Director of Shanghai Haoxin (Quanzhou) Law Firm) Case Studies

★Le Moumou v. Yamagizaki Company: A dispute over work-related injury compensation. Case details: Le Moumou was involved in a traffic accident while riding his motorcycle to work and requested compensation as a work-related injury. The Human Resources and Social Security Bureau stated that an employment relationship needed to be established first, and that an employment relationship would be confirmed after arbitration and civil litigation. Subsequently, during the work-related injury determination process, the Human Resources and Social Security Bureau determined that it was not a work-related injury. After filing for administrative reconsideration, the case was remanded for reconsideration and was determined to be a work-related injury. The employer filed an administrative lawsuit, and the court mediated and settled the case during the administrative litigation.

★Hu Yulong v. Taihua Non-metallic Minerals: A dispute over work-related injury compensation.

Case Summary: Hu Yulong went to close the back door of the mine after work and dinner, slipped into a ditch, and drifted for several kilometers before dying. His employer requested a work-related injury determination. The Human Resources and Social Security Bureau (HRSSB) initially ruled it not a work-related injury because it was after work hours and not considered working time. The HRSB later ruled it not a work-related injury because he went to the mine's back door to retrieve privately stored explosives. The HRSB further ruled it not a work-related injury because locking the back door and leaving on his way home from work, and his slipping into the ditch was a single-vehicle accident. The People's Court ordered the HRSB to make a new determination. The HRSB appealed, but withdrew the appeal during the litigation process, and the injury was re-determined to be a work-related injury. ★Tu Wenzhi v. Hengrong Company: Work Injury Compensation Dispute. Case Summary: Tu Wenzhi fell to his death from a fifth-floor window of a factory. His family requested a work-related injury determination. The Human Resources and Social Security Bureau initially ruled that Tu Wenzhi's death was a suicide, not a work-related injury. After administrative litigation, the Bureau re-determined it as a work-related injury. The employer exhausted all legal procedures, and the work-related injury determination finally took effect. Following labor arbitration and civil litigation judgments, the employer was confirmed to be legally obligated to pay work-related injury insurance benefits. ★Wang Yimou v. Social Security Insurance Center: Work-Related Injury Compensation Dispute. Case Summary: Wang Yimou died suddenly while working at a bank. That same month, the employer cancelled his social security account with the social security agency, citing his death. Subsequently, the Human Resources and Social Security Bureau determined it to be a work-related injury. After the determination, the employer requested work-related injury insurance benefits from the social security agency. The social security agency replied that because work-related injury insurance premiums were not paid in the month of the employee's death, they would not pay work-related injury insurance benefits. The employer filed an administrative lawsuit, and the court of first instance ordered a new administrative action. The social security agency appealed to the court of second instance, which reversed the original judgment and dismissed the employer's claim. The employer then filed for retrial with the provincial high court, which upheld the original judgment (i.e., the social security center should pay the work injury insurance benefits). The social security agency has already paid the work injury insurance benefits as required by law.