I was injured at work during the probationary period and the company asked me to re onboard, what sh

Work-related injuries during the probationary period and work-related injuries suffered by regular employees can enjoy the same work-related injury benefits; The work-related injury shall be declared by the unit, and the employer shall bear all the work-related injury benefits if no social security has been purchased.

According to Article 21 of the Labor Law of the People's Republic of China, "a probationary period may be stipulated in a labor contract", which means that the probationary period includes the contract period, and the employee has established an employment relationship with the employer since the conclusion of the labor contract, and according to Article 2 of the Regulations on Work-related Injury Insurance, "employees of all types of enterprises and employees of individual industrial and commercial households within the territory of the People's Republic of China have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations." That is, if a work-related injury occurs during the probationary period, work-related injury benefits should also be enjoyed.

The specific process is as follows:

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

5. If the employee suffers a work-related injury and the employer dismisses him, the employer shall provide evidence to show that he does not meet the employment conditions of the employer, and that he does not meet the requirements due to work-related injuries. If the employer can prove and dismiss him, then the employee can only receive a lump sum disability compensation.

It is best to apply directly for a work-related injury determination.

Don't believe it easily, ask a lawyer. After all, the time is different.

Legal analysis: If a worker who is injured at work during the probationary period is deemed to be a work-related injury, the employee shall, after his condition is stabilized, bring the work-related injury certificate, case data, discharge records and proof of the existence of labor relationship with the employer to the local labor ability appraisal committee for disability evaluation.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Summary. 2. If the employee is unilaterally dismissed for purely the company's reasons, and the employee is not at fault, in accordance with the provisions of the Labor Contract Law, he will be given 1 month of compensation for every 1 year of service, 1 month for more than half a year and less than 1 year, and half a month for less than half a year, but all compensation shall not exceed 12 months, and another 1 month of wages in lieu of notice if the contract has not expired (if the previous compensation has exceeded 12 months, it will not be paid).

Hello, I am a partner lawyer of the platform and have received your question.

1. If it violates the relevant system of the company, and the system is legal, during the probation period, the town will not be given any compensation, and the use period will end, depending on the situation, under normal circumstances, Abu will give compensation or give 1 month in lieu of notice;

2. If the employee is unilaterally dismissed for purely the company's reasons, and the employee is not at fault, in accordance with the provisions of the Labor Contract Cracking Law, according to the length of service, 1 month will be given for every 1 year, 1 month for more than half a year and less than 1 year, and half a month for less than half a year, but all compensation shall not exceed 12 months, and another 1 month of notice will be paid if the contract has not expired (if the previous compensation has exceeded 12 months, it will not be paid).

I hope my reply will be helpful and useful to you.

Legal analysis: If the employee suffers a work-related injury during the probationary period, the employee can go to the Human Resources and Social Security Bureau for work-related injury recognition and request the company to give work-related injury benefits. The law stipulates that the probationary period contract is included in the employment contract, so during the probationary period, the employer and the employee already have an employment relationship and labor facts.

The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Legal basis: Article 19 of the Labor Contract Law of the People's Republic of China If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.