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张某自筹资金建制锹厂,在本乡招收多名农民为雇工,并与他们分别签订了相同内容的劳动合同。合同中有一条规定:“工作中发生疾病、伤残、死亡,一律由本人负责”。1998年8月,李某往汽车上装货物时,从汽车上摔下,严重摔伤,医院出具的诊断证明为“脊椎损伤,双下肢瘫痪,全部丧失劳动能力”。出院后,李某要求张某支付住院期间的医疗费并负担今后的生活费,张某以招工合同中的“生死条款”为由,不同意李某的要求。双方诉至法院后,法院认为此条款与现行有关法律相抵触,宣布此条款无效,李某的要求得到了支持。国务院制定的《私营企业暂行条例》规定,私营企业必须执行国家有关劳动保护的规定。劳动部制定的《私营企业劳动管理暂
Zhang self-financed shovel factory built in Hong Kong to recruit more farmers as hired workers, and with them respectively signed the same content of the labor contract. There is a provision in the contract: “In the work of disease, disability, death, all be responsible for myself ”. August 1998, Lee to the car when the goods loaded, fell from the car, a serious fall, the hospital issued a diagnosis as “spinal injury, paralysis of both lower extremities, all loss of ability to work ”. After discharge, Lee asked Zhang to pay medical expenses during hospitalization and to bear the cost of living in the future. According to Zhang’s contract of life and death, Zhang disagreed with Lee’s request. After both parties sued the court, the court found that this provision contravened the existing relevant laws and declared that this provision was invalid. Lee’s request was supported. The Provisional Regulations on Private Enterprises formulated by the State Council stipulates that private-owned enterprises must implement the state’s provisions on labor protection. Ministry of Labor formulated "private enterprise labor management temporarily