Who can give me five legal cases and write down their opinions on them! ! ! (the number of words is not limited! ! ) I will get extra points if I get it right! ! ! Hope to answer seriously! ! !

Reprint several cases for reference: 1. Who is responsible for the injury of migrant workers during renovation? Case: Changhong Hotel in a county wants to carry out interior decoration and signed a paper contract with Tang. The two sides agreed that the materials should be provided by the hotel, and Tang must decorate according to the requirements of the hotel, and pay the decoration fee according to the workload after the hotel is accepted. After receiving the renovation project, Tang asked Yang and others to decorate, and Tang paid 25 yuan every day. At 3 o'clock in the afternoon of June 6, 2003, Yang was injured in his right eye by a foreign body while cutting the silicate board, and was identified by the forensic doctor as a work-related injury with grade 7 disability. Now Yang has appealed to the court, demanding that Tang and Changhong Hotel bear medical expenses, spiritual comfort and other losses of more than 40,000 yuan.

Disagree: There are two different opinions about this case:

The first opinion is that there is an employment relationship between Tang, Yang and Changhong Hotel. Now Yang is injured in performing his duties, and the employer should bear the responsibility, that is, Changhong Hotel will pay all the expenses.

The second opinion is that there is an employment relationship between Yang and Tang, and contract relationship is between Tang and Changhong Hotel. The undertaker is generally not liable for labor accidents, unless the ordering party is at fault in making, instructing and selecting. Therefore, Yang was injured in the renovation process, and the employer Tang should bear the responsibility. Changhong Hotel is not at fault, so it doesn't need to take responsibility.

Comments: The focus of the dispute between the two opinions is mainly to confirm whether the relationship between Yang, Tang and Changhong Hotel is an employment relationship or a contractual relationship.

As we know, employment generally refers to a contract in which one party provides services to the other party within a certain period or an uncertain period, and the other party pays remuneration according to the agreement of the parties. A contract is a contract in which one party agrees to complete the work for the other party, and the other party pays the remuneration after the contractor delivers the work results. As far as these two kinds of contracts are concerned, the relationship between the employer and the employee is dominant and subordinate, while the contract focuses on the work results, and the two sides have no identity constraints. In practice, it is difficult to distinguish these two relations, which should be distinguished from the following aspects: 1, whether there is a control, dominance and subordination relationship between the parties; 2. Whether one party directs the workplace and provides labor tools or equipment; Limit working hours; 3. Whether to pay labor remuneration regularly or settle labor remuneration at one time; 4, is to provide services continuously, or provide work results at one time; 5. The labor service provided by one party is its independent business or business activities, and it is not an integral part of the business or business activities of the other party to the contract.

As far as this case is concerned, there is no relationship of control, domination and subordination between Tang and the hotel. The labor tools are provided by Tang, and the hotel pays the labor remuneration irregularly, but pays the remuneration in one lump sum after Tang delivers all the work. From the above point of view, the relationship between Tang and the hotel can be identified as a contractual relationship, not a relationship between Tang and Yang. Yang must obey Tang's control and domination in his work, while Tang pays 25 yuan every day. There is a subordinate relationship between the two parties, which obviously belongs to a typical employment relationship. According to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, which came into effect on May 1 this year, if a worker suffers personal injury in employment activities, the employer shall be liable for compensation. Then Tang, as an employer, should undoubtedly be liable for the damage suffered by Yang in the decoration. Second, recognize the legal status of the labor contract [brief case]

1995 1 month, a food company proposed to terminate the labor contract with employee Tian on the grounds that "Tian is suffering from infectious diseases and is not suitable for working in the food industry". Tian refused to accept this and appealed to the Municipal Labor Dispute Arbitration Committee, demanding that the company continue to perform the labor contract and enjoy medical treatment in accordance with the provisions of the labor contract.

After investigation, a food company is a Sino-foreign joint venture, and employee Tian is the operator of the biscuit workshop of the company. 1993 10 was recruited by the company as a labor contract worker and signed a three-year labor contract. 1994 65438+In February, the company organized employees to go to the hospital for physical examination and found that Tian had hepatitis B. The company believed that the national health department expressly stipulated that people with infectious diseases could not work in the food industry. Tian was suffering from hepatitis and was an infectious disease, so he decided to terminate the labor contract with Tian.

The arbitration commission believes that Tian's rights during the contract period are protected by law. According to the labor contract signed by both parties, "Party B can enjoy the medical treatment period according to the length of service, and enterprises with less than 3 years of service will be given a medical treatment period of 3 months." Accordingly, the company should fulfill its obligations in accordance with the provisions of the labor contract and give employees a three-month medical treatment period. It is wrong for the company to terminate the labor contract before the medical treatment period expires.

After mediation, both parties reached an agreement: (1) pay Tian June sick pay back1995+0; (2) Give Tian a three-month medical treatment period, during which Tian's medical expenses will be reimbursed according to regulations.

[Case study]

This case reflects that some employers lack due understanding of the nature of labor contracts, which leads to their inability to correctly perform labor contracts. Article 16 of the labor law stipulates that "a labor contract is an agreement between a laborer and an employer to determine the labor relationship and clarify the rights and obligations of both parties." During Tian's medical treatment, there are at least two mistakes when the enterprise proposes to terminate the labor contract:

1. It is a breach of contract for an enterprise to terminate the labor relationship with Tian on the grounds that Tian suffers from infectious diseases and is not suitable for working in the food industry. The signing of the labor contract between the enterprise and Tian indicates that the two sides have established labor relations according to law. The maintenance of this labor relationship is protected by law, and its alteration, dissolution and termination are bound by the Labor Law and the labor contract. That is, if an enterprise wants to terminate the labor contract with Tian, it must meet the conditions stipulated in the Labor Law or agreed in the labor contract. According to Article 26 of the Labor Law: "If a worker is sick or injured at work and cannot engage in the original job or other jobs arranged by the employer after the medical treatment expires, the enterprise can only terminate the labor contract with him. It is against the labor law for an enterprise to unilaterally terminate the labor relationship with Tian without legal conditions and labor contracts.

Second, after Tian fell ill, the enterprise did not give him a medical treatment period, which violated the legitimate rights and interests of employees. Since a labor contract is an agreement that clarifies the rights and obligations of both parties, it should enjoy the rights stipulated in the labor contract and perform the prescribed obligations. The labor contract signed by the enterprise and Tian has clearly stipulated that "Party B can enjoy medical treatment after illness or non-work-related injury", which is the right of employees. In other words, it is the enterprise's obligation to give sick workers a medical period. After Tian fell ill, the enterprise did not give him medical treatment, which objectively infringed on Tian's interests.

To sum up, the labor contract is the basis for maintaining and adjusting labor relations. No matter how to change, terminate or dissolve labor relations, we must act in accordance with laws and contracts, and we must not violate them. 3. It is illegal for a female worker to be removed from the list because of pregnancy [Brief Introduction of the Case]

Complainant: Zhang, female, employee of an imaging company.

Defendant: an image company.

The complainant went to the defendant's office on July 1994, and both parties signed the labor contract and employee employment agreement on February 30 1995. The complainant's monthly salary is 65448. 1998 1 There was a dispute between the two parties about whether the enterprise could terminate the labor contract after the complainant became pregnant. The Municipal Labor Dispute Arbitration Commission1998 February 18 ruled: "The termination of the contract between the defendant and the complainant is invalid, and the contract will automatically continue until the complainant's lactation period expires; During the period of pregnancy, childbirth and breast-feeding, the plaintiff enjoys all the rights given to the "third stage" women by various laws and regulations; Pay the complainant 1998 10 monthly salary 1300 yuan ". The defendant refused to accept this ruling and filed a lawsuit with No.1 Intermediate People's Court, and withdrew the lawsuit on1June, 998 19. Since then, the two sides failed to reach an agreement due to post problems, and the complainant did not go to work. 1July 20 to June 998165438+1October 19, the complainant took maternity leave, and the defendant arranged the complainant to be on duty in the office area for health and safety. The complainant didn't go to work since1June 1998165438+1October 20, because he didn't agree with the defendant's change of post. 1 March, 19991day, the defendant made three decisions on the complainant, namely, dismissal, invalidation of dismissal and delisting. 1July 1998 14, the complainant received 1228 yuan from February to July,1October 22 1228 yuan, August 1998 to June/kloc-0. 165438+1October 19 received 165438+ 10 monthly salary 3 10 yuan, which is 3,768 yuan. The complainant did not receive 65438+February salary 134.95 yuan. Article 39 of the defendant's labor contract stipulates: the company's rules and regulations, the implementation method of the labor contract, the provisions on employees' wages and benefits, and the post employment agreement ... are all annexes to this contract. Article 6 of the Employee Post Employment Agreement stipulates that "Party A may adjust Party B's job or change Party B's post during the employment period according to the work needs". Article 3, paragraph 4, Chapter VI of the rules and regulations "In case of any of the following circumstances, dismissal shall be given: (2) Persons who are dismissed according to the Regulations on Rewards and Punishment of Enterprise Employees (continuous absenteeism 15 days, with cumulative absenteeism of 30 days throughout the year)". The defendant failed to reimburse the plaintiff for maternity expenses 1666. 18 yuan, medical expenses 1674.95 yuan and children's medical expenses of 50% 374.83 yuan. The complainant asked for a ruling that the expulsion and delisting decisions were invalid; The defendant paid1February 1998 to1July 1999 a salary of 20,932 yuan, and paid 25% compensation; Reimbursement of maternity expenses is 2034.78 yuan, and the medical expenses of the only child are 374.83 yuan; Incentive fee for only-child parents; Go through the formalities for terminating labor relations; The arbitration fee shall be borne by the defendant.

[Processing result]

If mediation fails, the verdict is as follows:

1. The defendant shall pay the appellant 1998 February-June salary of 5,500 yuan, 1998 February-July living expenses17/kloc-from the effective date of this award. 2. The defendant shall repay the plaintiff's maternity expenses 1 172.47 yuan, that is, (1674.95 yuan ×70%) and children's medical expenses 374.83 yuan within18 yuan from the effective date of this award. Three. Both parties terminate the labor contract. Four, the complainant's other requests are not supported. The arbitration fee is 400 yuan, the plaintiff shall bear 100 yuan, and the defendant shall bear 300 yuan.

[Case study]

Because the defendant refused to accept the award made by the Municipal Arbitration Commission in February 1998 and brought a lawsuit to the court, the plaintiff failed to go to work from February to June, and the defendant should bear the responsibility, so the defendant should pay the plaintiff the original salary during that period. 1998165438+1October19. After the complainant took maternity leave, the defendant arranged for him to take charge of the health and safety work in the office area, which was in line with the provisions of Paragraph 6 of Article 3 of the Employee Employment Agreement, and the complainant should obey it. The three decisions made by the defendant since1June 20, 1998, such as dismissing the complainant, declaring the dismissal null and void, and removing the name from the company, are not in conformity with the punishment contents stipulated in Article 3, Paragraph 4, Chapter VI of the Regulations, and the Arbitration Commission will not recognize them. The defendant shall pay the plaintiff's living expenses during this period. In view of the fact that the plaintiff's lactation period should expire on July 20, 1999, the labor contract between the two parties was terminated this year. As the defendant has paid the appellant the salary from February to 10 1998+0 1, according to the provisions of the Notice on Adjusting the Minimum Wage Standard issued by the local labor bureau and other departments, the defendant should pay the appellant the salary from February to July 1998. According to Article 16 of the Regulations on Labor Insurance in People's Republic of China (PRC) and Article 14 of the Provisions on Social Overall Planning of Medical Expenses for Major Diseases of Urban Workers and Retirees formulated by the local Labor Bureau, the defendant shall reimburse the medical expenses paid by the complainant, and according to Article 13 of the Regulations on Labor Insurance in People's Republic of China (PRC), the defendant shall reimburse 50% of the medical expenses of the complainant's children. The plaintiff's request to pay the one-child incentive fee does not belong to the scope of labor dispute handling, and the arbitration tribunal will not hear it.