标题:
论工伤待遇“私了”协议的法律效力Discussion on the Legal Validity of the Private Settlement Agreements for Work-Related Injuries
作者:
张强
关键字:
工伤, 私了协议, 效力, 认定, 赔偿Occupational Injury, Private Settlement Agreements, Effectiveness, Identification, Compensation
期刊名称:
《Dispute Settlement》, Vol.2 No.2, 2016-06-27
摘要:
近年来，劳动者在工作中发生事故后，与用人单位自行签订工伤“私了”协议的现象越来越多。一方面劳动者能够尽快拿到补偿；另一方面双方可以避免过多纠缠，尽快息事宁人。但是这种私下达成的协议，劳动者得到的赔偿往往低于法定赔偿数额，不能够很好地保护本身的切实利益，所以不少劳动者在签订该协议后反悔诉至法院，但是其效力往往受到法律的质疑。关于工伤“私了”协议的效力该如何认定，在实际中有比较大的分歧。
In recent years, there has been a rise in private settlement of work-related injuries between workers and employers. On the one hand, the workers can get compensation promptly; on the other hand, both parties can avoid excessive dispute and make quick and peaceful settlement of the matter. But the sum of compensation the workers get through private settlement is usually much lower than that stipulated by law; therefore private settlement often fails to protect the workers’ interests effectively. As a result, many workers will file lawsuits in court after they sign agreements of private settlement. The effect of private settlement agreements is hence challenged by law, and there exists great controversy on the determination of the effect of private settlement agreements for work-related injuries in juridical practice.