Can a labor contract be terminated after a work related injury is completed?

1.The injured employee may apply for termination of the extended labor contract and request the employer to pay the corresponding work-related injury benefits.

1) The medical expenses shall be paid in full by the employer;

2) During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;

3) The unit is responsible for the need for nursing care during the suspension period;

4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

5) If the person is disabled at grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injury (received after the contract is terminated for grade 5-10 disability) and one-time disability employment subsidy (received after the contract is terminated for grade 5-10 disability).

3.If the employer terminates the labor contract, it may also require the employer to pay severance for the termination of the contract in accordance with Article 47 of the Labor Contract Law. Severance shall be paid to the worker according to the number of years of service in the employer 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.

During the work-related injury period, the employer shall not terminate the labor contract, and at the same time pay the employee's wages and benefits as usual. If the work-related injury expires and causes disability, the labor ability appraisal shall also be conducted. In the case of an employee who is injured at work and has a disability level, the employer shall go through the procedures for terminating the labor contract in accordance with the legal procedures according to the disability and pay the corresponding benefits.

The details of your narrative are not clear, and it is difficult to make an accurate judgment for the time being.

Compensation shall be paid to the worker according to the number of years of service in the unit, and the standard of two monthly wages 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, compensation will be paid in the amount of one month's salary.

The compensation for work-related injuries caused by the termination of the labor contract is as follows: medical expenses, food allowance during hospitalization, living care expenses, nutrition expenses, wages during the work-related injury, and transportation and accommodation expenses to the injured worker. If you are disabled due to a work-related injury, you shall also be compensated for the disability allowance and disability allowance of the department.

Can an employment contract be terminated due to a work-related injury?

If the employer suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work, the following provisions shall be followed:

1. The expiration of the first to fourth levels will not be terminated, and the labor relationship will be retained and the job will be withdrawn;

2. The term of grades 5 to 6 shall not be terminated, and the labor relationship shall be retained, and the employer shall arrange appropriate work;

3. If the period of 7th to 10th grade expires, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy (a total of 5 months or 5 months of the average monthly wage of employees in the city in the previous year).

Legal basis

Labor Contract Law of the People's Republic of China

Article 48.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

During the period of work-related injury, the labor contract is automatically extended. In accordance with Articles 42 and 45 of the Labor Contract Law, if the labor contract expires and falls under one of the circumstances specified in Article 42 of the Labor Contract Law, the labor contract shall be renewed until the corresponding circumstances disappear and terminated, and the termination of the labor contract of an employee who has lost or partially lost the ability to work as stipulated in Article 42, Paragraph 2 of the Labor Contract Law shall be implemented in accordance with the relevant provisions of the State on work-related injury insurance. Legal basis

Labor Contract Law

Labor Contract Law

Article 42.

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

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

Article 45.

Upon the expiration of the labor contract, if there are any of the circumstances provided for in Article 42 of this Law, the labor contract shall be renewed and terminated until the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be implemented in accordance with the provisions of the State on work-related injury insurance.

1. Precautions for workers when signing contracts.

1. The time when the labor contract was signed.

A written labor contract can be concluded within one month from the date of employment. Otherwise, the oak unit must pay double wages to the workers. If a written labor contract has not been signed with the employee for more than one year from the date of employment, it shall be deemed that the two parties have formed a labor contract with a fixed period of time.

2. The term of the labor contract.

There are three types of labor contracts: those with a fixed term, those with an indefinite term, and those with a certain period of work. Therefore, when signing an employment contract, the employer and the employee should negotiate and determine the term of the employment contract according to the needs of both parties.

At the same time, if there is an agreement on a probationary period, the probationary period is included in the term of the employment contract, and if the employment contract only stipulates a probationary period, the probationary period is not established, and the period is the term of the employment contract. In addition, if the labor contract is for the completion of a certain amount of work or the labor contract is less than 3 months, the probationary period shall not be agreed upon in accordance with the provisions of the Labor Contract Law.

In the event of a work-related injury, you can receive compensation after the expiration of the employment contract. Work-related injury compensation has nothing to do with the expiration of the contract, as long as it can be proved that he was an employee of the employer at the time of the work-related injury. According to the relevant laws of China, as long as the conditions for the determination of work-related injuries are met, it shall be recognized as a work-related injury, and a claim for compensation shall be made to the company according to the results of the work-related injury determination.

Article 33 of the 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 with pay, and shall be paid by the unit to which he or she belongs 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, it 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 injured after the expiration of the suspension period, he or she will continue to enjoy the medical treatment of the work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension with pay, the unit shall be responsible for the work.

Legal Analysis: Compensation can be obtained after the expiration of the employment contract in the event of a work-related injury. According to the provisions of China's Labor Law and Labor Contract Law, in the event of work-related injury, the employee may request the employer to pay compensation.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

1) Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, (2) Where the employer who uses the code proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee, (3) Where the employer terminates the labor contract in accordance with the provisions of Article 40 of this Law, (4) Where the employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law, (5) The employer renews the labor contract unless the employer maintains or improves the agreed conditions of the labor contract, Except in the case where the employee does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law, (6) and the labor contract is terminated in accordance with the provisions of Article 44, Paragraph 4 and Paragraph 5 of Article 44 of this Law, and 7) other circumstances stipulated by laws and administrative regulations.

Summary. Hello dear, no, workers' compensation does not have to terminate the labor contract<> does the work-related injury compensation have to terminate the labor contract.

Hello dear, no, work-related injury compensation does not necessarily require the termination of the labor contract<> the work-related injury department does not necessarily need to terminate the labor contract. If the injured employee terminates the labor contract in accordance with the law and is identified as having a grade 5 to 10 disability, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. If the employer terminates the contract illegally, the employer shall pay compensation at twice the standard of economic compensation.

Summary. Kiss <>

Workers' compensation does not necessarily require termination of an employment contract. According to Article 59 of the Labor Law of the People's Republic of China, employers shall pay medical expenses, work-related injury allowances and one-time disability subsidies for work-related disability, death or work-related injury in accordance with the work-related injury insurance system. According to Article 16 of the Regulations of the People's Republic of China on Work-related Injury Insurance, the injured employee may continue to enjoy the benefits and rights agreed in the original labor contract.

Does it have to be terminated for workers' compensation?

Kiss <>

Workers' compensation does not necessarily require the termination of a labor contract. According to Article 59 of the Labor Law of the People's Republic of China, employers shall pay medical expenses, work-related injury allowances and one-time disability subsidies during the period of work-related disability, work-related death or work-related injury in accordance with the work-related injury insurance system. According to Article 16 of the Regulations of the People's Republic of China on Work-related Injury Insurance, the injured employee may continue to enjoy the benefits and rights agreed in the original labor contract.

Hello, I didn't make a work-related injury determination, and the boss asked the labor contract to be terminated.

This is illegal, kiss <>, you can refuse Oh <>

<> person has just been discharged from the hospital, let me see this, and the work-related injury determination has not been done, this is not recommended to sign, <>

Are you there. In this case, you need to dig up and do a good job of work-related injury identification, slow oak oh, kiss <>

<> if you don't want to leave your job, you can refuse to sign, and if the company forces you to leave your job, you can apply for labor arbitration to claim compensation

Did you see, I started working on April 3rd, and I was injured on May 29th, and his friends asked me to bury the contract until May 29th, and this is only today that I signed the stool.

You don't have to sign it, kiss <>

<> first make a determination of work-related injury, and after the compensation is paid, if the company is forced to terminate the labor contract in disguise, you can report to the labor bureau to apply for labor arbitration, and you can get a compensation for the family<>

I didn't do the work-related injury determination, but they said that the insurance company asked for this contract for hospitalization expenses, and we didn't understand it, so I hope you can guide me.

If the company requests to terminate the labor contract due to a work-related injury, you can compensate for an additional 1 month's salary <> in this case

This contract is a contract for the termination of the labor relationship, not a contract <> the insurance company

This contractual <> is not required for the determination of work-related injuries

Kiss, if you still have a branch of the Chang type, what do you not understand, guess. You can tell me your detailed situation, so that the teacher can answer for you. <>