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什么叫“生死合同”呢?目前对“生死合同”大体有两种解释:一是“死亡事故自行负责”的合同即为“生死合同”(详见《劳动保护知识问答—1200题》);二是合同中有“发生一切事故由承包方自理……”内容的就是“生死合同”(详见《劳动保护》杂志1990年第2期)。上述两种关于“生死合同”的解释(即“自行负责”、“承包方自理”)从表面看,似乎差不多,但严格讲,特别是具体实施合同过程中。二者是有原则区别的。所谓“自行负责”,通常的解释是指劳动者个人在合同期间因工受伤、致残、甚至死亡,发包方可以不分情况,不问原因,一律由本人负责;所谓“承包方自理”,即是要求承包工程的承包方(法人代表)对所属合同期内职工的因工伤亡
What are the “life and death contracts”? There are currently two explanations for the “life and death contract”: First, the contract that is “responsible for the death accident” is the “life and death contract” (for details, see “Labor Protection Q & A -1200”); Second, there is “contract of life and death” in the contract that “all accidents happen by the contractor ...” (for details, see “Labor Protection” No. 2, 1990). The above two explanations of “life and death contracts” (that is, “responsible for themselves” and “contractors themselves”) appear to be similar, but strictly speaking, especially in the specific implementation of the contract. There is a principle difference between the two. The so-called “self-responsible”, the usual explanation is that the individual workers during the contract due to work-related injuries, disability, and even death, the Employer can regardless of the situation, regardless of the reasons, all be responsible for myself; the so-called “Contractor take care of themselves” That is, the contractor (legal representative) of the contracted project is required to claim for work-related injuries and deaths of employees during the contract period