How to compensate for illegal employment of the company, and how to compensate for illegal employmen

The compensation standard for illegal employment shall be carried out in accordance with the provisions of the Measures for One-time Compensation for the Personnel of Illegal Employment Units.

According to Article 2 of the Measures for One-time Compensation for Personnel of Illegal Employers, the so-called "illegal employment" refers to "the use of child labor by units without business licenses or without registration or filing in accordance with the law, as well as units or employers that have had their business licenses revoked or whose registration or filing has been revoked in accordance with the law". For details, please refer to the Measures for One-time Compensation for Illegal Employment

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If a worker is injured as a result of illegal employment, the unit shall pay a lump sum compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in the Regulations on Work-related Injury Insurance; Where the use of child labor causes disability or death of a child worker, a lump sum compensation shall be given to the child worker or the child's close relatives, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in the Regulations on Work-related Injury Insurance; Other.

[Legal basis].Article 6 of the Regulations on Work-related Injury Insurance is closed to Article 16.

Where an employee of a unit that does not have a business license or has not been registered or filed in accordance with law, or an employee of a unit whose business license has been revoked or whose registration or filing has been revoked in accordance with law, is injured in an accident or suffers from an occupational disease, the unit shall give a lump sum compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in these Regulations; Where an employer uses child labor to cause disability or death as a result of child work, the employer shall give a lump sum compensation to the child worker or the close relatives of the child worker, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in these Regulations. The specific measures shall be prescribed by the social insurance administrative department.

Legal analysis: If a worker is injured due to illegal employment, the unit shall give a lump sum compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall not be lower than the work-related injury insurance benefits stipulated in the Regulations on Work-related Injury Insurance; Where the use of child labor causes disability or death of a child worker, a lump sum compensation shall be given to the child worker or the child's close relatives, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in the Regulations on Work-related Injury Insurance; Other.

Legal basis: Article 66 of the Regulations on Work-related Injury Insurance Article 66 Where an employee of a unit without a business license or without registration or filing in accordance with the law, or a unit whose business license has been revoked or whose registration or filing has been revoked in accordance with the law, is injured in an accident or suffers from an occupational disease, the unit shall give a lump sum compensation to the disabled employee or the close relatives of the deceased employee, and the compensation standard shall not be lower than the treatment of the work-related injury insurance provided for in these Regulations; Where an employer uses child labor to cause disability or death as a result of child work, the employer shall give a lump sum compensation to the child worker or the child's close relatives, and the compensation standard shall not be lower than the work-related injury insurance benefits provided for in these Regulations. The specific measures shall be prescribed by the social insurance administrative department.

1. Workers who do not have the qualifications to sign labor contracts:

1) Retired personnel who enjoy basic pension insurance benefits (not allowed to sign labor contracts but can sign labor contracts);

2) Current students;

3) Child laborers under the age of 16;

4) Foreigners who have not obtained employment permits and Hong Kong attendants, Macao and Taiwanese.

2. The labor administrative department shall give a warning and order correction of the legal consequences of illegal employment. If damage is caused to the worker, he shall be liable for compensation. Balance rotten.