The company reorganized my classmate s 2009 grade 9 work related injury can the contract be terminat

This kind of group is protected by law, even if there is no labor contract, then when the employee receives the work task of the employer and performs his duties, the employer shall fulfill the obligation of compensation, including lost time expenses, medical expenses, etc., because the employee and the employer have formed a de facto labor relationship!

Summary. Dear, I am glad to answer for you: the ninth level of work-related injury is entitled to a one-time disability subsidy of 9 months' salary, and a one-time medical subsidy for work-related injury and employment subsidy for the termination or termination of the contract.

Dear, I am glad to answer for you: 9 months of one-time disability subsidy for work-related injury level 9, one-time work-related injury medical subsidy for dissolution or termination of contract, and subsidy for repentance and repentance.

According to the provisions of Articles 30, 30 or 37, 62 and 64 of the Regulations on Work-related Injury Insurance, employees injured at work who are identified as Grade 9 disabled shall enjoy the following benefits: 1. If the expenses required for work-related injury meet the requirements of the work-related injury insurance diagnosis and treatment project catalog, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standards, it shall be paid from the work-related injury insurance**; 2. The hospitalization food subsidy shall be paid by the work-related injury insurance according to the standards stipulated by the province or city; 3. Confirmed by the Labor Ability Appraisal Committee, the cost of installing medical equipment shall be paid by work-related injury insurance** according to the prescribed standard; 4. For those who suspend work and receive medical treatment for work-related injuries, the original wages and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the unit to which they belong on a monthly basis; 5. The employer is responsible for the nursing care during the period of hospitalization when you are unable to take care of yourself; 6. Pay 9 months' salary and one-time disability subsidy from work-related injury insurance**; 7. The labor ability appraisal fee shall be paid by the work-related injury insurance**; 8. If the labor is terminated or terminated, a one-time medical subsidy for work-related injuries shall be paid by the work-related injury insurance** and a one-time employment subsidy for disability shall be paid by the employer in accordance with the standards stipulated by the province, municipality directly under the Central Government and autonomous region. If the employer does not participate in work-related injury insurance, the employer shall pay all expenses.

Personal wages refer to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases at work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is less than 60% of the average salary of the employees in the overall planning area, it shall be calculated according to the inflated 60% of the average salary of the employees in the overall planning area.

According to Article 42 (2) of the Law on Labor Cooperation, the employer shall not terminate the contract unless the employer has the statutory fault in Article 39 (2) to (6). If the injured employee is legally at fault, the employer shall terminate the contract legally, and there shall be no economic compensation for the delay. If there is no statutory fault and the termination of the contract is unlawful, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation twice the severance payment.

When the problem of work-related injury is dealt with, and the injured person is not qualified for the original job, and is not qualified for the job after being transferred, the enterprise can terminate the labor contract, but must pay compensation for the termination of the contract. Specifically, it is to compensate for one month's salary for every 1 year of service, and the wage standard is the average salary of the past 12 months, and the maximum compensation is not more than 12 months.

According to the current regulations, the employer shall not propose to terminate the contract if the employer is injured or disabled at grade 9. Regulations on Work-related Injury Insurance

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

The company's proposal to terminate the labor contract must have a statutory reason, which has nothing to do with whether the employee is injured or not.

The company may give the following reasons for terminating the labor contract:

Regulations for the Implementation of the Labor Contract Law of the People's Republic of China:

Article 19 Under any of the following circumstances, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract, or a labor contract with a term of completion of a certain work task with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law:

1) The employer and the employee reach an agreement through consultation;

2) The worker is proved to be ineligible for employment during the probationary period;

3) The worker seriously violates the rules and regulations of the employer;

4) The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

5) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

6) The worker uses fraud, coercion or taking advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions;

7) The worker is investigated for criminal responsibility in accordance with law;

8) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

10) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation;

11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;

12) The employer has serious difficulties in production and operation;

13) Where an enterprise still needs to lay off personnel after changing its labor contract, or after changing its labor contract, it is necessary to reduce its personnel;

14) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

Employees who are injured at grade 9 and discharged from the hospital after recovery and compensation can terminate the contract in accordance with the law

For an injured employee, the employer cannot terminate the labor contract of the injured employee without cause, but can only wait for the expiration of the contract or the employee's own request.

If the employee has serious disciplinary violations, the contract can be terminated.

Your question is supplemented.

The disability allowance is paid by the work-related injury insurance**, which has nothing to do with whether the contract is terminated or not.

In your case, the employer is not allowed to terminate the labor contract, otherwise, the employer will terminate the labor contract illegally, and you can claim economic compensation.

Yes, the employer pays the disability employment subsidy.

Article 40 of the Labor Contract Law stipulates that under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

1.The medical expenses shall be paid in full by the employer;

2.During the period of suspension of work and salary (during the period of work-related injury**, **), the employer shall pay the wages according to the original treatment;

3.If nursing care is required during the suspension period, the unit shall be responsible;

4.Food allowance during hospitalization will be paid according to your local standard (borne by work-related injury insurance**);

5.Workers' Compensation:

1) If you continue to work in the unit and do not resign, according to the "Regulations on Work-related Injury Insurance", you will enjoy a one-time disability subsidy, and the ninth-grade work-related injury is 9 months' salary (borne by work-related injury insurance**).

2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries (paid by work-related injury insurance**) and a one-time disability employment subsidy (paid by the employer) in addition to the one-time disability subsidy. The specific amount is set by your local area, and the amount of compensation varies depending on the region, you can call 12333 to consult your local labor department.

6.If you don't understand anything, you can ask or call 12333 directly to consult the local labor department!

Work-related injury benefits. Disability includes: Medical expenses, Hospital meal allowance, Nursing expenses, Lump sum disability allowance

Employee's monthly salary Statutory number of months (different disability levels vary from month to month), One-time medical subsidy: average monthly wage standard for employees in Chongqing Statutory number of months (different disability levels correspond to different months), One-time disability employment subsidy or disability allowance, Salary during the period of suspension of work: ** time (different times for different injuries) The average salary of the worker in the 12 months before the injury, follow-up ** expenses, disability assistive device expenses, transportation expenses, etc.

If the negotiation of compensation fails, the employer shall apply for arbitration or litigation of labor disputes at the place where the accident occurred.

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