If the deceased is not dead in the factory according to the labor law, how can the boss accompany so

If the employee dies not at the employer's premises, it is a non-work-related death, and the employer shall pay the employee benefits during the period of non-work-related death.

1. Non-work-related death is a legal concept corresponding to work-related death, which refers to the death of an employee of an employer such as a company who dies due to reasons other than work, and does not meet the statutory circumstances of work-related injury stipulated in the "Regulations on Work-related Injury Insurance", and cannot claim compensation for work-related death in accordance with the relevant provisions of the "Regulations on Work-related Injury Insurance". Disputes over compensation arising from non-work-related deaths are called non-work-related death disputes. If an employee dies outside of working hours for reasons other than work, or if the death occurs in the workplace or during working hours, but has no connection with his or her work, his or her behavior does not comply with the provisions of the Regulations on Work-related Injury Insurance, so it cannot be considered as a work-related injury in accordance with the law.

For example, if an employee dies of electrocution in his rented house after work, the employee's death is a non-work-related death.

2. Treatment of non-work-related deaths:

There are certain differences in the provisions on the treatment of work-related deaths in different places. Take Guangdong Province as an example:

Article 10 of the Interim Provisions on Death Pension Benefits for Employees of Enterprises in Guangdong Province stipulates:

10. If an employee (including retirees) dies due to illness or non-work-related injury, he or she shall be granted a funeral subsidy, a one-time relief fund for supporting his immediate family members (or a living allowance for supporting his immediate family members), and a one-time pension.

The standard of funeral subsidy: 3 months' salary (monthly salary is calculated according to the local average monthly social wage of the previous year, the same below);

**Standard of one-time benefit for immediate family members: 6 months' salary;

One-time pension standard: 6 months' salary for in-service employees; 3 months' salary for retirees.

In the event of the death of a retiree who has participated in the social endowment insurance, the local social insurance institution shall pay benefits in accordance with the relevant provisions of the endowment insurance; In the event of the death of an employee due to illness or non-work-related injury, the enterprise shall pay death benefits according to the above-mentioned standards, except where there are provisions for inclusion in social insurance payment.

If the death is not at work or on the way to leave work, it has nothing to do with the employer, but if it is proved that the cause of death is related to the occupational disease at work, you can apply for compensation.

In the event of the death of an employee, the amount of compensation is calculated based on the cause of the employee's death.

If it is a work-related death, compensation shall be made in accordance with the Regulations on Work-related Injury Insurance, and if the employer does not pay work-related injury insurance, then the employer shall bear all compensation costs.

If the death is not work-related to work, then whether the cause of death is related to the employer, the family of the deceased can file a lawsuit with the court to require the employer to bear part of the responsibility.

If it is a non-work-related death and has nothing to do with the unit, then the employer does not need to pay compensation, and if the employer does not pay social security fees, then the employer needs to pay the funeral expenses, pensions and other compensation expenses given to the family of the deceased in the pension insurance benefits.

In accordance with the Regulations on Work-related Injury Insurance

Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

Legal analysis: the boss is not responsible for the natural death of an employee in the process of work, nor does it belong to the provisions of the work-related injury insurance regulations as a work-related injury, and the death of a sudden illness or death within 48 hours after rescue is ineffective during working hours is regarded as a work-related injury, and the boss is liable.

Legal basis: Social Insurance Law of the People's Republic of China Article 37 If an employee is injured or dies at work due to any of the following circumstances, it shall not be recognized as a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.