After recovering from a work injury, I was not allowed to work by the company. What about scheduling

1. If the employer does not pay the employee's wages, then it is an act of arrears of wages, and the employee can apply for labor arbitration to terminate the labor relationship and request the employer to pay economic compensation.

2. Labor Contract Law

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

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.

The company does not pay wages or living expenses during holidays, and applies for labor dispute arbitration.

According to Article 12 of the Interim Provisions on Wage Payment of the Ministry of Labor, if the company arranges a holiday after the injured employee resumes work, the company shall pay wages in accordance with the standard agreed in the labor contract within a wage payment cycle, and if the wage payment cycle exceeds one wage payment cycle, the living expenses shall be paid according to the standard stipulated by the local government.

Labor. Interim Provisions on Payment of Wages".

Article 12 Where the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

According to the law, when a worker recovers from illness and returns to work, he or she must obtain a certificate from the medical institution in charge of Tongyan that he is able to work. Therefore, the employer has the right to require you to issue a certificate, and you can contact the hospital or the labor appraisal committee to issue a certificate so that the employer can arrange work in the future.

When the working ability is affected and the working ability is insufficient, the employer can transfer the post and adjust the salary. However, job transfer and wage adjustment are all changes to the labor contract, which can only be effective if both parties reach a consensus through consultation.

During the work-related injury leave, it is possible to change the delay and refuse to go to work, but the salary is paid by the unit normally, once the injury improves, the body recovers, and it is suitable to go to work, you must go back to work, if there is overtime during the period, the employer must pay overtime pay.

Appraisal of work-related injuries is being conducted.

, the ** period will generally be written. During the ** period, you can refuse the company's request to work. If the company asks you to work for this reason, and then terminates the employment contract on the grounds of absenteeism, it is illegal to terminate the employment contract.

You can apply for arbitration and demand that the employer pay compensation for the illegal termination of the labor contract, which is two months' wages for one year of work.

This situation depends on whether or not the prescribed period of leave without pay is provided.

If so, the employer is suspected of illegally terminating the labor contract and is required to pay double the compensation. In addition, it is argued that there are generally unused annual leave that should be taken.

It is also possible to require the employer to pay 200%.

After an employee is injured at work, he or she shall not terminate the labor relationship at will.

Even if it is based on the Labor Contract Law.

Article 39 shall not be based on the first item of the probation period to prove that it does not meet the employment conditions! In addition, if an employer dismisses an injured employee, it cannot be exempted from liability for compensation! Therefore, the most important thing at present is to collect evidence and then apply for a work-related injury determination.

The best way is to apply for civil compensation directly, because it is difficult to obtain evidence of your labor relationship, and if the court decides that it should go through the work-related injury procedure and not be civil, then go to the work-related injury, so that the evidence will be easy to handle. Good luck in your career!

Ask for help. Because the company does not arrange a job because it wants you to quit on your own, which is against the law, you should go to the labor bureau for help.

Faced with such a situation, you should ask your supervisor about the company's specific work-related injury regulations. It may just be that you won't be given a job for a short time.

The handling method of dismissal without reason by the unit: First, through the labor contract.

If the parties reach a consensus and the employer terminates the labor contract, the employer shall terminate the labor contract based on the employee's years of service in the employer.

Severance is paid for each full year of payment equivalent to one month's salary.

Not more than 12 months. If the working time is less than one year, severance shall be paid at the rate of one year. Second, if the labor contract is terminated due to the employee's illness or non-work-related injury, and the labor appraisal committee confirms that he is unable to perform the original job or the work arranged by the employer, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and shall also pay a medical subsidy of not less than six months' salary.

(3) If the employee is incompetent for the job and is still incompetent for the job after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer, up to a maximum of 12 months. Fourth, if there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer. Fifth, if the employer is on the verge of bankruptcy and undergoing statutory rectification or has serious difficulties in production and operation, and it is necessary to lay off personnel, the employer shall pay severance according to the number of years the retrenched personnel have worked in the unit.

For each full year of service in the company, severance equivalent to one month's salary is paid.

After the work-related injury is healed, it is necessary to conduct a labor ability appraisal and disability level appraisal. Proof that you can work in a related position. If the leader does not make an arrangement, he can apply for labor dispute arbitration.

Workers who have recovered from work-related injuries have the right to request to be transferred from their original jobs, and if the employer does not arrange work, they can take the initiative to ask the employer to arrange work. In the face of the situation that the employer does not arrange work after the recovery of the work injury, it is necessary to solve it through legal means, and it is best to consult a lawyer.

If the company does not arrange for you to return to work after your work-related injury rights, of course, you can take out the hospital health certificate, communicate with the unit leader, and ask to re-work, if he does not reply, you can go to the labor arbitration commission to protect your own interests with the law.

If you are not paid a salary, if you are not paid, if you do not arrange a position, you can go to the labor bureau to complain.

Legal analysis: During the period of work-related injury, the employee is entitled to the treatment of suspension of work with pay, and during the period of suspension of work, the original salary and benefits remain unchanged and are paid by the employer on a monthly basis (generally calculated according to the average salary of the 12 months before the injury). If the salary is not right, you can contact the labor office.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If 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 of work and salary, 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, the filial piety 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. Article 64 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 that unit. 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 of the employee is higher than 300% of the average salary of the employees in the overall planning area, it shall be calculated according to 300% of the average salary of the 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.

1. What should I do if I don't arrange a job after recovering from a work-related injury?

If the employer does not arrange work after the recovery of the work-related injury, resulting in a labor dispute, the employee may apply for labor arbitration to resolve the dispute.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

2. How to determine the medical treatment period for work-related injuries

According to the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises, the medical treatment period refers to the time limit within which an employee of an enterprise shall not terminate a labor contract due to illness or non-work-related injury. When an employee needs to stop working for medical treatment due to illness or non-work-related injury, he or she will be given a medical treatment period of 3 months to 24 months according to his actual working years and working years in the unit

1) The actual working experience is less than 10 years: 3 months for those who have worked in the unit for less than 5 years; 6 months for more than 5 years.

2) Actual working experience of more than 10 years: 6 months for those who have worked in the unit for less than 5 years, and 9 months for those who have worked for more than 5 years and less than 10 years; 12 months for those between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

The above knowledge is the answer to the relevant legal questions, if the employer does not arrange work after the recovery of the work-related injury, resulting in a labor dispute, the employee can apply for labor arbitration to resolve the dispute. If you need legal help, you can continue to consult, and a professional lawyer will answer for you.