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You can't be dismissed without a normal reason, otherwise it's illegal?
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After the work-related injury, the company will compensate if the contract expires if it is not renewed, and the company will need to compensate if it does not renew the contract after the work-related injury expires. In addition, if the work-related injury causes disability and the visa is not renewed upon expiration, the employer also needs to pay a one-time disability employment subsidy, and the work-related injury insurance** pays a one-time work-related injury medical subsidy. If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of the 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.
What is Grade 9 Work-related Injury?
Level 9 disability is also known as the level 9 labor ability appraisal standard for work-related injuries, that is, as long as the disability is determined to be at level 9, it can enjoy the level 9 disability compensation standard.
Some of the criteria for grading disability are mild epilepsy and toxic peripheral neuropathy and mild sensory impairment.
Legal basis
Regulations of the People's Republic of China on Work-related Injury Insurance
Article 37.
Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Dear, I am glad to answer for you that it is illegal for the company not to sign a labor contract when the eighth-level contract expires. After a work-related injury, if the employee is still in the first period or suspended for a long period of time, it is illegal for the employer not to renew the labor contract on the grounds that the labor contract expires. In addition to the work-related injury benefits, the employee can also apply for labor arbitration to claim compensation, and pay two months' wages for one year of service.
Article 42 Under any of the following circumstances, the employer shall not remove the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the employee is suspected of having an occupational disease during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Hail of hunger after 15 consecutive years of service in the unit, and less than 5 years from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.
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The contract for work-related injury level 10 can be renewed upon expiration. It should be deferred until the situation disappears. If an employer terminates a labor contract in violation of the law, it shall pay compensation to the employee at twice the rate of economic compensation.
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.
Article 42 of the Labor Contract Law stipulates that an employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law if a worker falls under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the person suspected of having an occupational disease is assigned or under medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (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.
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If the seventh-level work-related injury contract is terminated upon expiration, the employer may not renew the contract, but shall pay various disability subsidies to the employee in accordance with the Regulations on Work-related Injury Insurance, and pay severance to the employee in accordance with the provisions of the Labor Contract Law.
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Yes. According to the regulations on work-related injury insurance, the employer may terminate the labor relationship after paying a one-time employment subsidy and a one-time medical subsidy if the employee is disabled in the seventh to tenth grade, the labor contract expires or the employer applies for termination of the labor relationship. Thank you.
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1. If the work-related injury is grade 7 and the contract expires, the unit may not renew the contract;
2. If the employer does not renew the contract, it is required to pay a one-time medical subsidy for work-related injuries by work-related injury insurance** and a one-time disability employment subsidy by the employer, in accordance with paragraph 2 of Article 37 of the Regulations on Work-related Injury Insurance;
3. At the same time, according to paragraph 5 of Article 46 of the Labor Contract Law, the employer also needs to pay you severance money, one month's salary for each year of work, half a year's salary for less than half a year, and half a month's salary for less than half a year.
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The main compensation for the eighth-level work-related injury insurance benefits are: medical expenses, one-time disability allowance (11 months' salary), one-time employment subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), one-time medical subsidy (determined according to the work-related injury regulations of the province where the worker is located, and received when the labor relationship is terminated), wages for the period of suspension of work with pay (determined according to the notice of labor ability appraisal conclusion), food allowance, nursing expenses, transportation expenses, etc. - The actual amount of compensation is calculated by looking at your local compensation standard and what your salary is, but if you go to find a lawyer in the legal industry, you can ask carefully, and you can directly learn about the compensation online. >>>More
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