论文部分内容阅读
阅读提示:川籍农民工王登辉在下班途中遭遇车祸,企业以王登辉违反“禁止员工擅自在外住宿”的规定为由拒绝支付医药费。王登辉申请劳动仲裁后,劳动部门认定其为工伤。不料,该企业却将认定其为工伤的劳动部门推上了被告席,要求法院撤消劳动部门作出的工伤认定书。人民法院受理此案后,大胆援用我国《宪法》中公民享有人身自由权、居住自由权的规定,裁定该企业禁止员工外宿违背宪法精神,驳回了该企业的诉讼请求。由于审理此案的法院在审判过程中把宪法作为裁判案件的直接依据,因而引起了法律界人士的极大关注。
Reading tip: Sichuan-based migrant workers Wang Denghui suffered a car accident on his way out of get off work. The company refused to pay medical expenses on the grounds that Wang Denghui violated the “Prohibition of Unauthorized Accommodation”. After Wang Denghui applied for labor arbitration, the labor department identified it as a work-related injury. Unexpectedly, the enterprise will be identified as labor-related labor department pushed the dock, asked the court to cancel the labor department made a work-related injury certificate. After accepting the case, the People's Court boldly invoked the stipulation in the Constitution of our country that citizens enjoy the rights to personal liberty and freedom of residence, and ruled that the enterprise prohibited employees from sleeping in places that violate the spirit of the Constitution and rejected the lawsuit of the enterprise. Since the courts hearing the case took the constitution as the direct basis for the adjudication cases during the trial, they have drawn great attention from the legal profession.