After working in the company for 17 years and suffering a work injury, how does the company accompan

1. If the employer terminates the labor contract illegally, the employee may claim compensation;

2. If the reason for the termination of the labor contract by the employer meets the circumstances stipulated in Article 39 of the Labor Contract Law, it is not required to pay economic compensation or compensation;

3. If the reasons for the termination of the labor contract by the employer meet the circumstances stipulated in the first paragraph of Article 40 and Article 41 of the Labor Contract Law, the employer shall pay economic compensation.

4. If the employer cannot reach an agreement on the compensation matters, the employer may apply for labor arbitration within one year of being dismissed.

In the event of a work-related injury, the company cannot dismiss an employee who has not been at fault and is injured at work and is confirmed to have lost or partially lost the ability to work. If the employer proposes to terminate the labor contract and reaches an agreement with the employee through negotiation, it shall pay economic compensation.

Article 42 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law if an employee falls under any of the following circumstances: (2) the employee suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work; (3) Sick or injured not due to work experience, within the prescribed medical treatment period; (4) Female employees are pregnant, giving birth, or breastfeeding; (6) Other circumstances provided for by laws and administrative regulations. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation 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.

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. Article 87 of the Labor Contract Law of the People's Republic of China provides that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Legal analysis: If the company resigns without reason after a work-related injury, the employer may be required to pay the corresponding work-related injury benefits, and the employer may also be required to pay compensation equal to twice the economic compensation for the illegal termination of the labor contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

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 specified 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.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The compensation for the dismissal of the company with a work-related injury is as follows:

1) If the employee is assessed by the appraisal committee as having lost or partially lost the labor force, then the company Cong Zhao cannot dismiss the employee, and must dismiss the labor relationship in violation of the law, and the employee shall be paid twice the salary of the seniority;

2) During the period of work-related injury, the employer shall not unilaterally terminate the employment relationship.

If the medical treatment period for work-related injuries expires and the body recovers and buries the body, the employee will be compensated according to the 2n months' salary of the illegal termination of the labor contract, and if there is a disability, a one-time disability subsidy will be paid according to the disability level.

Legal analysis: After registering as unemployed, unemployment benefits can generally be obtained in about a month.

The employee shall report to the local labor and social security department for the record within 7 days from the date of termination or dissolution of the labor relationship with the employer. Within 60 days from the date of termination or dissolution of the labor relationship, the unemployed person shall go to the designated unemployment insurance agency to go through the formalities of unemployment registration and application for unemployment insurance money with the certificate of termination or dissolution of the labor relationship issued by the original employer and other supporting materials. Generally speaking, as long as the formalities are complete, you can receive it the next month after you are dismissed from the company.

Legal basis

Social Insurance Law of the People's Republic of China

Article 2: The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive material assistance from the State and society in accordance with law in the event of old age, illness, work-related injury, unemployment, childbirth, and so forth.

Article 3: The social insurance system adheres to the principles of wide coverage, basic protection, multi-level, and sustainability, and the level of social insurance shall be commensurate with the level of economic and social development.

Article 4 Employers and individuals within the territory of the People's Republic of China shall pay social insurance premiums in accordance with law, have the right to check payment records and records of personal rights and interests, and require social insurance agencies to provide social insurance consultation and other related services. Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions by their own units.