Does The Daughter Of The Employee Have No Right To Ask For Identification?

Six months ago, my father died of a serious injury during his work, and died 16 years old, my 6 year old sister. According to the administrative department of industrial injury, my father constituted a work-related injury. In view of the fact that the company where my father was born did not deal with work-related injury insurance, I asked the company to be liable for compensation. But the company agreed only to compensate me, but my sister doubted whether my sister belonged to her father because my father had not had a daughter to any of his colleagues. Only by making use of the hair left by his father and paternity testing of his younger sister can we determine whether or not it will be compensated. Excuse me, is the reason for the company established?

Shi Jiangying:

The reason for the company can not be established, that is, it has no right to request paternity testing.

On the one hand, employers do not have the right to request paternity testing. The Supreme People's court applies Marriage law Interpretation of some issues (three) "the second rule states:" the husband and wife in the direction of a people's court request to confirm that the parent child relationship does not exist, and have provided the necessary evidence to prove that the other party does not have the opposite evidence and refuse to make paternity testing. The people's court can presumption of the claim that the parent child relationship does not exist. If a party sues a request to confirm a parent-child relationship and provides the necessary evidence to prove it, and the other party does not have the opposite evidence and refuses to conduct paternity testing, the people's court may presumed the confirmation of the request. Parent-child relationship The proposition of one side is established. "

"The Supreme People's court's reply to the question of whether the people's court can use the human leukocyte resistance to the paternity test" in the trial work also pointed out: "in the case of paternity testing, we should proceed from the protection of the legitimate rights and interests of women and children, to enhance solidarity and to prevent the intensification of contradictions. The consent of the two parties to a paternity test shall generally be granted; if one party asks for paternity testing or if the child has reached the age of three, it shall be strictly controlled according to the specific circumstances. We must also do a good job in the ideological work of the parties concerned and the relevant personnel for paternity testing. That is, the application of paternity testing is only between husband and wife, parents and children, and must be for the protection of women and children. Legitimate rights and interests Premise.

The company and your father do not have the same status at all, and the purpose is to cancel your sister's work-related injuries. To put it another way, even if your sister is not your father and your father has actually raised him, he has formed a relationship between his foster father and his adopted daughter.

On the other hand, your father did not mention to his colleagues that such a woman could not refuse compensation as a company. The first paragraph of the eighth paragraph of the Supreme People's court's provisions on civil procedural evidence stipulates: "in the process of litigation, a party expressly acknowledges the fact that the other party has stated the case, and the other party does not need to give evidence. Except for cases involving identity. " That is to say, even in the process of lawsuits, you can't apply self identification to your personal relationship, not to mention that your father has never mentioned his daughter and never denied it.