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The procedures for handling work-related injury insurance benefits are as follows: work-related injury determination - disability assessment or identification of occupational diseases - determination of compensation amount - implementation.
The specific process is as follows:
1. Apply for work-related injury recognition (if the employer does not apply for work-related injury recognition within 30 days of the work-related injury identification department where the employer is located, the injured employee can apply on his own, and the maximum period is within 1 year).
2. Apply for appraisal of working ability and suspension period (labor ability appraisal committee where the employer is located).
3. Apply for arbitration of the amount of compensation (the labor arbitration commission at the place where the employer is located or where the contract is performed).
4. If the employer fails to pay the fees in accordance with the arbitration decision, it shall apply to the court for compulsory enforcement.
Work-related injury insurance benefits include:
1.Medical expenses shall be paid by work-related injury insurance**, and if the employer does not apply for work-related injury insurance, the employer shall pay in full
2.During the period of suspension of work (** period, ** period), the salary shall be paid according to the original treatment (subject to appraisal by the Labor Ability Appraisal Committee);
3.The unit shall be responsible for the need for nursing care during the period of suspension of work with pay;Those who do not need care will no longer be paid.
4.Food allowance and transportation expenses during hospitalization are paid according to local standards, which vary slightly from place to place
5.Workers' compensation: (provided that the disability level is assessed by the Labor Ability Appraisal Committee).
1) If you continue to work in the unit and do not resign, you will be entitled to a one-time disability allowance according to the "Regulations on Work-related Injury Insurance", for example, 9 months' salary for Grade 9 work-related injury.
2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy in addition to a one-time disability allowance. The specific amount is set by your local area, and the amount of compensation varies from region to region, so you can consult the local labor and social security administrative department.
When applying for work-related injury identification, you need to bring: your ID card, the registration information of the employer printed at the window of the Industrial and Commercial Bureau of the Government Affairs Center, the materials that can prove the labor relationship (labor contract, salary list, attendance sheet, badge, business card, audio and video materials, witness testimony, etc.), the "Work-related Injury Identification Registration Form" (collected by the Work-related Injury Identification Department of the Human Resources and Social Security Bureau), the diagnosis certificate (which needs to be stamped with the official seal of the hospital), and the traffic accident liability determination (required for commuting traffic accidents, others are not required) with the above materials to apply for work-related injury identification.
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You can go to court and sue them, or file a complaint with the Labor Bureau.
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Legal analysis: The old-fashioned delay in non-payment of wages is a wage arrears, and it can be reported to the local labor inspection department to require it to pay wages and give compensation.
Legal basis: "Regulations on the Supervision of Labor and Social Security" Article 26 Where an employer commits any of the following acts, the administrative department of labor and social security shall order the employee to pay the employee's repentance salary and remuneration, the difference between the employee's salary and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the workers are lower than the local minimum wage;
3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
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Legal Analysis: If the boss is in arrears of wages, you can file a complaint with the Labor Inspection Brigade. However, it is necessary to prove the existence of a pre-existing employment relationship.
You can provide relevant evidence and apply for labor dispute arbitration: if the employer owes the employee wages without reason, the employee can file a complaint with the local labor inspection department or apply for labor arbitration.
Legal basis: Article 7 of the Interim Provisions on the Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
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Legal analysis: Laoyin Luban's non-payment of wages is a wage arrears, and it can be reported to the local labor inspection department to require it to pay wages and give compensation.
Legal basis: Regulations on the Supervision of Labor and Social Security》 Article 26 If an employer commits any of the following acts, the administrative department of labor and social security shall order the employer to pay the employee's wages and remuneration, the difference between the worker's wages and the local minimum wage standard, or the economic compensation for the lead dust of the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the workers are lower than the local minimum wage;
3) Terminating the labor contract and failing to give economic compensation to the worker in accordance with the law.
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Summary. If the mine does not do it, the boss does not press the wages according to the "Labor Law", and the wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the worker can go to the labor inspection brigade to deal with it.
If the mine is not done, the boss will not pay the wages stipulated in the "Labor Law", and the blind wages will be paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the worker can go to the labor inspection brigade to deal with it.
The labor inspection brigade shall order the employer to pay wages within a time limit, and if the employer fails to pay the wages within the time limit, it shall also pay additional compensation.
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Legal analysis: The boss's failure to pay wages is a wage arrears, and he can report to the local labor inspection department and ask him to pay wages and give compensation.
Legal basis: Regulations on the Supervision of Labor and Social Security Article 26 Where an employer commits any of the following acts, the administrative department for labor and social security shall order the payment of the employee's wages and remuneration, the difference between the worker's wages and the local minimum wage standard, or economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable
1) Deducting or defaulting on the wages and remuneration of workers without reason;
2) The wages paid to the workers are lower than the local minimum wage;
3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.
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If the employer sues the employee for arrears of wages without reason, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.
Legal basis: Article 7 of the Interim Provisions on the Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day.
The salary shall be paid at least once a month, and the weekly, daily and hourly wage system shall be paid on a weekly, daily and hourly basis. Buried bends.
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1. Report to the labor administrative department (usually the labor management and inspection team).
2. You can also apply for arbitration directly.
3. If you are not satisfied with the arbitration result, you can file a lawsuit in the court after getting the arbitration letter.
4. In accordance with the provisions of the state, in the arbitration or litigation, in addition to the full payment of the wages and remuneration of the employees within the specified time, it is also required to pay additional economic compensation. Judgment.
It's a resignation. If you want to resign, you only need to submit a notice of resignation to the employer in writing 30 days in advance (3 days before the probationary period) Remember: the employer is required to sign your "Receipt of Delivery and Handover (Documents and Materials) of the Employee", and the consent of the employer is not required. >>>More
If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
1.If you resign during the probationary period, you may terminate the labor contract by notifying the employer three days in advance according to the provisions of the Labor Contract Law, with reference to the Labor Contract Law >>>More
The following is the procedure for determining work-related injuries: >>>More
Looking at the accumulated length of service, if you do not renew the contract, you can ask for economic compensation.