Question

Кто может помочь? Лазарев заключил с предприятием договор возмездного оказания услуг. Из-за несчастного случая на предприятии Лазарев оказался временно нетрудоспособным, что было подтверждено врачебным заключением. Однако ад-министрация предприятия отказалась оформлять материалы о несчастном случае, так как Лазарев выполнял работу не по трудовому договору, а по гражданско-правовому. Законны ли действия администрации?

Answer 1

The Situation

Lazarev entered into a contract for paid services with a company. Due to an accident at the company, Lazarev became temporarily disabled, which was confirmed by a medical report. However, the company's administration refused to process the materials related to the accident because Lazarev was performing work under a civil law contract, not an employment contract. The question is whether the actions of the administration are legal.

Legal Analysis

To determine the legality of the administration's actions, we need to consider the relevant laws and regulations regarding accidents and employment contracts.

1. Accident Compensation Laws: In many jurisdictions, there are laws that provide compensation for accidents that occur in the workplace, regardless of the type of contract the worker is under. These laws aim to protect workers and ensure they receive appropriate compensation for work-related accidents.

2. Employment Contracts: Employment contracts typically establish the rights and obligations of both the employer and the employee. They often include provisions related to accident compensation and the employer's responsibility to report accidents to the relevant authorities.

3. Civil Law Contracts: Civil law contracts, on the other hand, are generally used for providing services on a contractual basis. They may not include the same level of protection and benefits as employment contracts.

Conclusion

Based on the information provided, it is important to consult the specific laws and regulations of the jurisdiction in question to determine the legality of the administration's actions. However, in many jurisdictions, the administration's refusal to process the materials related to the accident may be considered unlawful. This is because accident compensation laws often apply regardless of the type of contract, and the administration may have a legal obligation to report accidents and provide compensation to injured workers.

It is advisable for Lazarev to seek legal advice from a qualified professional or consult the relevant labor laws and regulations in their jurisdiction to understand their rights and options in this situation.

Please note that this response is based on general legal principles and should not be considered as specific legal advice.