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The employer cannot terminate the labor contract with you now, and the termination is illegal, in accordance with the provisions of the Labor Contract Law
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
When the contract expires in December 2014, the unit may not renew, and if the unit does not renew, it shall pay economic compensation, in accordance with the provisions of Article 47 above. If the employer renews the visa, you do not agree, the employer will not pay economic compensation.
Before the expiration of the contract, you take the initiative to terminate the labor relationship, and the employer will not pay economic compensation.
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1. The "Decision on Amending the Regulations on Work-related Injury Insurance" has been adopted at the 136th executive meeting on December 8, 2010 and will come into force on January 1, 2011.
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First of all, the company violated the provisions of Article 37 (2) of the Regulations on Work-related Injury Insurance against you, which is a unilateral illegal act of the company, and you should clearly disagree. If the company terminates your labor contract without authorization, you can file an arbitration application with the labor dispute arbitration commission where the company is located in accordance with Article 2 of the Labor Dispute Mediation and Arbitration Law to protect your legitimate rights and interests. Secondly, it is recommended that you go to Xinhua Bookstore to buy the "Regulations on Work-related Injury Insurance" and "Labor Dispute Mediation and Arbitration Law" to take a closer look.
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<>Regulations on Work-related Injury Insurance Compensation" is a normative document stipulated in Article 44 of the Insurance Law of the People's Republic of China (amended in 1982). It is the basic regulation of the work-related injury insurance system, which stipulates the compensation standard, compensation scope and compensation method of work-related injury insurance.
The Regulations on Work-related Injury Insurance Compensation came into force on June 1, 1988, and are interpreted by the insurance administrative department. According to the Regulations on Work-related Injury Insurance Compensation, work-related injury insurance compensation is divided into three categories: work-related injury medical expense compensation, work-related injury allowance compensation and work-related injury disability compensation.
The compensation for medical expenses for work-related injuries includes work-related injury expenses, drug expenses, hospitalization expenses, expenses and other necessary medical expenses. Work-related injury allowance compensation mainly includes disability allowance, living allowance, employee disability level allowance, transportation allowance, family care allowance, etc. Work-related injury and disability compensation is divided into lump sum compensation and pension compensation.
The Regulations on Work-related Injury Insurance Compensation stipulate that work-related injury insurance compensation and bereavement benefits shall be paid by local insurance companies, and the amount of work-related injury insurance compensation paid by local insurance companies shall not be lower than the minimum standard stipulated by the local insurance regulatory authority. In addition, the Regulations on Work-related Injury Insurance Compensation stipulate that an applicant for work-related injury insurance compensation shall provide a valid work-related injury certificate, which shall be reviewed and confirmed by the local insurance regulatory authority.
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Legal Analysis: Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees of their units (hereinafter referred to as "employees").
Legal basis: Article 11 of the Regulations on Work-related Injury Insurance** Work-related injury insurance is gradually implemented at the provincial level.
Industries that are cross-regional and have a large mobility of the reproduction can participate in the work-related injury insurance in the overall region in a relatively centralized manner. The specific measures shall be formulated by the social insurance administrative department of the State Kitchen in conjunction with the competent departments of relevant industries.
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Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China and individual industrial and commercial households with employees (hereinafter referred to as "employers") shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees of the unit or employees of the demolition and demolition (hereinafter referred to as "employees").
Legal Analysis: The Regulations of the People's Republic of China on Labor Insurance and the Draft Amendments to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance have not been repealed, but their main body has been replaced by the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Social Insurance Law of the People's Republic of China and their related laws and regulations, and most of their contents are no longer applicable. >>>More
Disability benefits and medical expenses were already taken care of at that time, right? If you resign after five years, there is also a subsidy. >>>More