Work related injury compensation, which compensation shall be made according to the inconsistency be

Individual wages in workers' compensation are based on the average monthly contributions for the 12 months prior to the injury, not actual wages or contract wages.

Article 64 of the Regulations on Work-related Injury Insurance The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the employer.

For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by 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 lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

Severance wages are calculated on the basis of the wages actually paid.

According to Article 47 of the Labor Contract Law and Article 27 of the Regulations for the Implementation of the Labor Contract Law, the wages for calculating severance refer to the average monthly wages due to the employee in the 12 months prior to the termination or termination of the contract, including hourly wages, piecework wages, various subsidies, allowances, overtime pay, bonuses and wages paid under special circumstances. If the worker's salary is lower than the minimum wage standard stipulated by the local government, he or she shall be paid according to the minimum wage standard; If it is higher than 300% of the average salary of local employees, it shall be paid at 300% of the average salary of local employees.

1. How to compensate for the inconsistency between the contract wage and the actual wage.

1. If the contract wage is inconsistent with the actual wage, complain to the labor inspection department or apply for labor arbitration. If there is evidence such as payment records to prove that the wages paid by the enterprise are inconsistent with the wages in the employment contract, in the event of a dispute, the arbitration institution and the court will uphold the actual salary. In this case, the employee must keep evidence of the amount of wages received.

2. Legal basis: Article 11 of the Labor Contract Law of the People's Republic of China.

If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract stipulates, equal pay for equal work shall be implemented.

2. Can the employee terminate the labor contract if the employer deducts or arrears wages without reason?

The employer fails to pay labor remuneration in full and in a timely manner. The employee may terminate the employment contract.

At the same time, in this case, the employee can also request the employer to pay economic compensation. Severance shall be paid to the worker according to the number of years of service in the employer, and the standard of one month's salary for each full year. If it is more than 6 months but less than 1 year, it will be calculated as 1 year.

If it is less than 6 months, half a month's salary shall be paid to the worker.

If there is evidence such as payment records to prove that the wages paid by the enterprise are inconsistent with the wages in the employment contract, in the event of a dispute, the arbitration institution and the court will uphold the actual wages as the prevailing one. In this case, the worker must be careful to keep evidence of the amount of wages received. In order to protect their own interests, the employee may negotiate with the employer to change the labor contract to change the salary of the labor contract to the actual wage paid.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries (2) hospital meal subsidies (3) transportation and accommodation expenses for medical treatment outside the overall planning area (4) expenses required for the installation and configuration of disability assistive devices (5) living care expenses confirmed by the labor ability appraisal committee for those who cannot take care of themselves (6) One-time disability subsidy and monthly disability allowance for employees with disabilities of grades 1 to 4 (7) When the labor contract is terminated or terminated, the one-time medical subsidy that should be enjoyed is hail (8) In the case of work-related death, the funeral subsidy, pension for dependent relatives and work-related death subsidy received by the surviving family members (9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) wages and benefits during the work-related injury period, (2) disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis, and (3) one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits.

If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: If the employer does not pay the actual basic salary, it can only claim the payment of economic compensation if the labor relationship is terminated if the labor relationship is terminated. And the standard is compensation equivalent to one month's salary for each full year of service.

When an employer illegally terminates a labor relationship, the employer shall pay regular compensation. The standard is compensation equivalent to two months' wages for each full year of service.

Legal basis: Article 34 of the Regulations on Work-related Injury Insurance If an injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee from the work-related injury insurance**. The living care expenses are paid according to the three different levels of Li Fengshu, who are completely unable to take care of themselves, who are unable to take care of themselves for most of their lives, or who are unable to take care of themselves partially, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.