In today's headlines@头条帮忙 received feedback from user Ms. Li that in June this year, her husband participated in a tour organized by the school and unfortunately died suddenly during the trip. After the incident, the school did not recognize the tour as a school organization, insisting that it was a personal act of the teacher.
On December 14, Ms. Li told a reporter from Huashang Daily Gale News that on December 5, she received a decision from the Harbin Municipal Human Resources and Social Security Bureau not to recognize the work-related injury, and she had filed an administrative reconsideration.
>>>45岁教师猝死
Family members said that Xinjiang was tired of traveling and traveling, and that he died of exhaustion, not illness
He taught biology, was born in 1977 and died at the age of 45. He joined the school in July 2002 and has 23 years of teaching experience. ”
Ms. Li introduced that her husband Liu Jian is a backbone teacher of the High School Affiliated to Harbin Normal University, and on June 11, after the college entrance examination, he participated in the Xinjiang tour arranged by the Harbin Fengye Travel Agency organized by the school.
"Each person gave 9,300 yuan for the travel agency, and there were 28 third-year high school staff, plus 6 family members, and 34 people traveled together. My husband's biology group was attended by all but one female teacher. ”
Ms. Li said that her husband was very tired from this trip to northern Xinjiang, often lacked sleep, tired travel, and seriously decreased his physical function.
"This kind of travel is not something that anyone can afford. My husband is fat, and he only sleeps three to five hours a day for a 9-day trip from June 11th to 20th. I read his WeChat message, saying that he was still in the scenic spot at 8 o'clock in the evening, and often returned to the hotel at 12 o'clock in the evening. Some scenic spots have the highest altitude of more than 5,000 meters. On June 18, I went to Turpan Flame Mountain as scheduled, and the surface temperature reached 67 °C, which was a fatal day. ”
Ms. Li told reporters that her husband suddenly fainted at 8:10 a.m. on June 20. "At that time, I received a call from the head of the school and told me to prepare mentally. He died at 14:55 p.m., the death certificate said sudden death, and the hospital rescue record wrote that he had respiratory and cardiac arrest. The certificate issued by the school stated that it was sudden cardiac death. ”
"The head of the school told me immediately that he was sick and died. My first instinct was that my husband was sick, but he didn't have a heart condition. His usual health is quite good, which is equivalent to dying of exhaustion, not from illness. ”
>>> family members called the school organization
"My husband has participated in four trips and said that the school will give me a subsidy"
Ms. Li provided a medical examination report to prove that her husband was in good health before the trip, and she believed that the trip was an act of the school organization.
"The outings are limited to the third year of high school, and their school has been going on for 23 years since 2000. Every year after the senior high school students graduate, the school will organize such activities, which is considered the school's welfare treatment," Ms. Liu said, "My husband has participated in this class four times, and the school will give some subsidies in addition to paying part of the money to the travel agency." ”
"At that time, a group of 'June Xinjiang Tour' was established, and the first message was the route notice, the second was the flight information, and the third was the meeting place, all of which were sent by the grade director. ”
Ms. Li believes that if it is a teacher's self-organized organization, "the route and travel agency should be selected in the form of consultation in the group, and the school said that it was self-organized, but there is no evidence of self-organization." ”
Ms. Li told reporters: "Every year after graduating from high school, my husband gets a bonus of about 8,000 yuan, and if he goes, he will send about 10,000 yuan." This bonus includes a travel subsidy. In this case, the school will not give me a voucher for receiving the subsidy. After my husband's accident, I took a screenshot on WeChat and saved the evidence. He told me that it was the unit that organized a trip, and that on June 15th, the grade group would invite dinner, and I think 34 people are not a small amount of money, if it is a spontaneous organization, should it be said 'who invites me to dinner'?"
>>> application for work-related injury was not recognized
Family: The school issued a certificate to clear the responsibility
Ms. Li admitted that more than three months after her husband's accident, the school issued the application materials for work-related injuries.
"I went to a lawyer, and (the lawyer) said that the sudden death of my husband was a work-related injury. At my request, the school only reported the work-related injury in November, and on December 5, the Harbin Municipal Bureau of Human Resources and Social Security rejected the work-related injury application. ”
Photo courtesy of the interviewee
Ms. Li explained that one of the reasons for the rejection was that she was traveling with a travel agency, and there was no mention of the unit. "The certificate issued by the school completely absolves the responsibility of the school. ”
The second rejection was that it was not during working hours, and Ms. Li said: "When I left on June 11, it was during the working period, because the Department of Education did not notify the holiday, and the school summer vacation was around July 15." ”
On December 15, a reporter from Huashang Daily Gale News contacted the Harbin Municipal Human Resources and Social Security Bureau, and the person in charge of the work-related injury identification department told reporters, "He is not a work-related injury, it has nothing to do with work, and the school said that it was not organized by the school." On June 11th, the school said it was a holiday time. ”
The person in charge said that the declared work-related injury materials have been investigated by the school, "We have all been investigated and verified, and if we are not satisfied with this determination, we can claim rights and interests through reconsideration or litigation." ”
>>>涉事学校回应
The teacher organized it spontaneously, and each person paid for the trip out of their own pocket
On December 15, a reporter from Huashang Daily Gale News called the High School Affiliated to Harbin Normal University, and the person in charge of the school said that the tour was not organized by the school, but by the teachers themselves.
"Our definition is the teacher's spontaneous organization, which is the teacher's spontaneous organization, including everyone's own pocket for travel, who dares to say that the teacher pays for travel. ”
The person in charge said that June 11 is the holiday time for the third grade of high school, not the school holiday.
"After the college entrance examination in June, teachers are generally on vacation at this stage, some teachers may stay at home, and some teachers may travel in groups. ”
"Our school is helping to apply for work-related injuries. He is a teacher at the school, after all, when he travels, from the perspective of our school, there is no possibility of work-related injuries, and we strive to fight for the family and the teacher. ”
The person in charge said: "We consulted the formal work-related injury departments in the city and district according to the procedures, and we reported work-related injuries, and we made up for what materials were missing, and we also had the original signatures of the family, and she also agreed." She just thinks that the supporting materials we applied for do not meet her requirements, but we need to state the facts objectively. ”
>>> written statement from the school
The teaching pressure in the third year of high school is greater, and teachers will take a leave of absence after the college entrance examination
A written statement stamped with the school's official seal shows that due to the high pressure of teaching in the third year of high school, teachers in the third year of high school will adjust and recuperate for a period of time after the end of the college entrance examination and before the release of the college entrance examination results.
Since 2000, the school's senior high school teachers have gradually formed a traditional activity of travel and recuperation after the college entrance examination, which is organized by the teachers of the third year of high school, voluntarily registered, can bring their families, and all staff pay for the whole process, and the person in charge of the public promotion coordinates the accompaniment, tour guide, insurance and other specific affairs.
The tourism and recuperation activities that Mr. Liu participated in at the time of his death were the travel and recuperation activities that the relevant senior high school teachers spontaneously organized and voluntarily signed up for after the end of the 2023 college entrance examination. In this activity, Mr. Liu signed a contract with the tour group and applied for relevant insurance, and the registration procedures are well documented.
>>> claimed to have faced cold treatment
The family claimed that the school was evading responsibility and harming the interests of the teaching staff
Ms. Li said: "The materials reported by the school to the Human Resources and Social Security Bureau say that it has existed since 2000, but the reason for travel has changed to compensatory leave. I said that teachers themselves receive 13 months' wages a year, and there is not a day that they do not receive a salary, and there is not a day of rest, and even if they have winter and summer vacations, they are paid full attendance. ”
Ms. Li believes that the school is organizing senior high school teachers to travel in disguise, "In the statement issued by the school to the Human Resources and Social Security Bureau, the purpose and nature of this trip are written, which is very clear, paving the way for the next teaching, unity, cohesion, forge ahead, and broaden the vision of teachers, so that it is a nature of work, in my opinion, the school has damaged the interests of teachers and staff in order to evade responsibility." ”
"I called the 12345 hotline and replied that they could only manage below the department level, but the school was a provincial-level unit and was beyond their scope; I went to the Harbin Municipal Education Bureau and the Letters and Visits Office of the Heilongjiang Provincial Department of Education, but they didn't solve the problem, so they were stuck here; I also went to Harbin Normal University and replied that they had to discuss with the affiliated middle school, and they were only responsible for personnel appointments, not for these details." ”
"The school is cold now, and it doesn't talk to us at all, which means that there is only so much that can be done. A few days ago, Ms. Li has filed an administrative reconsideration with the Harbin Municipal Government, and if it fails, she will resort to legal means to resolve the matter.
>>> lawyer's point of view
In the case of school organizations, they can be classified as "deemed work-related injuries".
"I don't think anyone wants to face this incident. Ju Wenying, a well-known lawyer, pointed out that there is a clear provision in the law that "it is regarded as a work-related injury", "during working hours, the death of a sudden illness at work, or the death within 48 hours after rescue efforts failed." ”
Ju Wenying said that whether this activity was organized by the school or the teachers spontaneously is the key, and if it is a school organization, it can be classified as "regarded as a work-related injury".
In the incident, whether it is a school organization or an individual organization, we can judge from the purpose, the personnel of the organization, the cost and other comprehensive factors, not simply say that it is an individual organization or an individual organization. If it can be identified as a school organization, what is the purpose of the school? Is it to unite and harmonize among teachers, is it to improve the efficiency of teachers, or is it this kind of welfare treatment for teachers and staff?
Ju Wenying pointed out: "After all, the incident has happened, and at present, the relevant evidence should be fully taken out, communicated with the family, whose problem is beared, and as much as possible to declare the work-related injury, which led to the emergence of this matter. ”
Huashang Daily Gale News reporter Li Hua Editor Li Zhi
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