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If the employer violates the law, it may apply for labor dispute arbitration to protect its rights.
It is the right of the injured employee, not the obligation, but the obligation of the employer to apply to the Human Resources and Social Security Bureau for recognition of work-related injury, and the employer shall apply for a work-related injury determination within 30 days from the date of the accident. It is illegal for an employer to fail to fulfill its obligations, but to pay the wages for the three-month suspension period as sick leave pay on the grounds that the injured employee only applied for a work-related injury recognition for three months, and the injured employee may apply for labor dispute arbitration to protect his rights.
Regulations on Work-related Injury Insurance
Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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Lodge a complaint with the Labour Inspectorate:
initiating arbitration with the Labor Arbitration Commission;
Filing a lawsuit with the people's court (pre-arbitration of labor dispute cases);
Grade 9 disability enjoys work-related injury insurance benefits, a lot of money? Work-related injury insurance** pays a one-time disability subsidy and a one-time medical subsidy, and the employer pays a one-time disability employment subsidy. If your salary is okay, it is even more than 100,000.
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No wages will be deducted for work-related injuries. During the period of suspension of work, the original salary and benefits remain unchanged and shall be paid by the unit on a monthly basis. After the work-related injury is assessed, the original benefits will be suspended, and the land will enjoy the disability benefits.
The period of suspension with pay is generally not to exceed 12 months, and where the injury is serious or special circumstances require an extension, the extension must not exceed 12 months.
Article 50 of the Labor Law Wages shall be paid to the worker in the form of money on a monthly basis. No wages shall be withheld or unjustifiably deferred.
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Legal analysis: The wages during the work-related injury period shall be paid according to the average monthly payment wage of the injured employee in the 12 months prior to the accident injury or occupational disease.
Legal basis: "Regulations and Greetings on Work-related Injury Insurance" Article 33 Where an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 decent months.
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The employer cannot withhold the wages during the work-related injury period, and the employee can negotiate with the employer to pay the wages; If the negotiation fails, the applicant shall file a complaint with the local labor department and request it to order the employer to pay; If the payment is not made within the time limit, apply for arbitration or file a lawsuit.
Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) arranging overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
Sick pay is halved, medical expenses are borne by yourself, and there are no bonuses and performance incentives. >>>More
According to the provisions of Article 30, Paragraph 5 of the Regulations on Work-related Injury Insurance, diseases found during the work-related injury period that are not caused by work-related injuries shall be handled in accordance with the provisions of medical insurance. >>>More
Because the worker has exceeded the retirement age, then it is not a laborer, the company has formed an employment relationship with her, and the injury she suffered is not a work-related injury, and the provisions on general personal injury compensation should be applied. According to the existing legal provisions, the employer is liable and the worker is not liable unless it can be proved that the injury suffered by the worker was intentionally caused. Solatium for moral damage can be raised.
Clause. 1. How does your labor contract stipulate wages, if the salary stated in the contract is 100% of the original salary you should pay every month, then the company is illegal. >>>More
It is advisable not to ask.
100 in 1 month, 1200 in 1 year, and 12000 in 10 years, the gap is not much. >>>More