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Ford executive chair gets involved in contract talks during uncommon presentation_我的网站

一 |     AI摘要      福州中院审理一起工伤纠纷，认定瑜伽馆通过第三方“挂靠”缴纳工伤保险无效。    DETROIT -- Ford Motor Co. Executive Chairman Bill Ford called on autoworkers to come together to end a monthlong strike that he says could cost the company the ability to invest in the future.In a rare speech during contract talks in the company's hometown of Dearborn, Michigan, Ford said high labor costs could limit spending to develop new vehicles and invest in factories. “It’s the absolute lifeblood of our company. And if we lose it, we will lose to the competition. America loses. Many jobs will be lost,” said the great grandson of company founder Henry Ford.The company, he said, builds more vehicles in America and has more United Auto Workers employees than any company, which has increased its costs in a highly competitive industry.Ford has 57,000 UAW workers compared with 46,000 at GM and 43,000 at Stellantis. “Many of our competitors moved jobs to Mexico as we added jobs here in the U.S.,” Ford said.The company is near an impasse with the United Auto Workers union, which walked out in targeted strikes at all three Detroit automakers on Sept. 15, Last week 8,700 union members walked out at the largest and most profitable Ford plant in the world, the Kentucky Truck Plant in Louisville. Ford said the strike at the Kentucky plant is harming tens of thousands of Americans who work for parts suppliers and Ford dealers. The strike also could cause a fragile parts supply base to collapse, he said. “If it continues, it will have a major impact on the American economy and devastate local communities,” he said.There was no immediate response from the UAW early Monday. Ford, only the fourth family member to lead the 120-year-old company, said he has watched other companies lose their auto industries, then all of their manufacturing base. He said strong American manufacturing is essential for national security. “We need to come together to bring an end to this acrimonious round of talks,” Ford said. “I still believe in a bright future – one that we can build together. I still believe the automobile industry is a major force for good in our country. We will continue to be there when America needs us most.”Last week, after the Kentucky strike began, a top Ford executive said on a conference call with reporters that Ford had reached the limit in how much it was willing to spend to end the strike. The speech from Ford arrives with the entire auto industry making a historic and expensive shift from internal combustion engines to electric vehicles.UAW President Shawn Fain has said Ford and crosstown rivals General Motors and Jeep maker Stellantis are making billions in profits, and that workers should get a share. He says the workers should be repaid for sacrificing general pay raises, cost of living adjustments and agreeing to lower wage tiers to keep the companies afloat during the Great Recession.The union began striking at targeted factories after its contracts with the companies expired. It started picketing one assembly plant from each company, but that has since spread to 38 parts warehouses at GM and Jeep maker Stellantis. The UAW later added another assembly plant at both GM and Ford.Last Wednesday Fain made the surprise announcement that the union would walk out at the Kentucky plant, which makes Super Duty pickups and large Ford and Lincoln SUVs.About 34,000 of the union's 146,000 employees at all three automakers are now on strike.Kumar Galhotra, president of Ford Blue, the company’s internal combustion engine business, told reporters Thursday that Ford stretched to get to the offer it now has on the table.The apparently widening labor rift suggests Ford and the union may be in for a lengthy strike that could cost the company and workers billions of dollars.Fain said on Wednesday that Ford told UAW bargainers for nearly two weeks that it would make another counteroffer on economic issues. But at a meeting called by the union, the company didn’t increase its previous offer, Fain said. “Ford hasn’t gotten the message” to bargain for a fair contract, Fain said in announcing the walkout by 8,700 workers at the company’s Kentucky Truck Plant in Louisville.“We’ve been very patient working with the company on this,” he said in a video. “They have not met expectations, they’re not even coming to the table on it.”Galhotra called Ford’s offer “incredibly positive” and said Ford never indicated to the union that it would be increased.“We have been very clear we are at the limit,” he said on a conference call with reporters. “We risk the ability to invest in the business and profitably grow. And profitable growth is in the best interest of everybody at Ford.”The company has a set amount of money, but is willing to move dollars around in a way that might fit the union’s needs, he said, adding that he still thinks it’s possible to reach a deal.The union has said Ford’s general wage offer is up to 23% over four years and that it has reinstated cost of living raises. GM and Stellantis were at 20%. But Fain said none was high enough.。法院强调，为职工参保是用人单位法定义务，违规转嫁不能免除责任，发生工伤仍由实际用工单位承担赔偿。         如今，一部分小微企业为降低用工成本、简化流程，委托第三方人力资源公司等代为缴纳员工工伤保险。如果员工真的受伤，赔偿风险能否转移？近日，福州中院处理了一起相关工伤纠纷。    小陈与某瑜伽馆签订了劳动合同，约定小陈担任瑜伽教练，在馆内进行教学任务。

二 | 瑜伽馆老板为节省人力成本，将小陈的工伤保险“挂靠”在自己丈夫名下的某科技公司内。    一日，小陈在下班途中因交通事故受伤，申请工伤认定，当地人社局也认定小陈受到的事故伤害构成工伤，要求瑜伽馆方承担工伤赔偿。

三 | 然而，瑜伽馆方面认为小陈是通过其他公司购买的工伤保险，拒绝承担工伤赔偿，并向法院提起诉讼。一审法院经审理，判决驳回瑜伽馆的诉讼请求。瑜伽馆不服，向福州中院提起上诉。    “为职工办理工伤保险，并按时缴纳工伤保险费用，是用人单位的法定义务。工伤保险开户和缴纳单位应当是与劳动者建立劳动关系的用人单位。”审理中，福州中院法官指出，小陈实为瑜伽馆的瑜伽教练，其工作内容、工资等都是由该瑜伽馆负责。

四 | 因此，瑜珈馆应当依法承担工伤保险责任。    福州中院法官表示，一部分用人单位为图便利，违规购买工伤保险，将这一义务挂靠或转嫁到第三方名下，如虚构劳动关系、通过中介或其他途径挂靠在与职工没有劳动关系的单位名下，或异地违规违法补缴社保后转入单位所在地。这些情况均不能真正转移法定义务，一旦出现工伤事故，依法仍由用人单位承担工伤保险责任。

五 | （记者 阮冠达）。

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