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The basic salary is generally available
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The salary during the work injury is divided into two parts:
First, if an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's meal subsidy standard for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.
Second, 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 employer on a monthly basis.
However, it should be noted that 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. The above is answered in accordance with the regulations on work-related injury insurance.
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Work-related injuries are work-related injuries and are paid according to the actual wages. That is, it is calculated based on your monthly salary.
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Injuries on the construction site are work-related injuries, and wages are paid according to the wages on the signed labor contract, as well as food and escort expenses in accordance with the labor laws of the country.
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Hello. Now you just have the time. I read the contract a few more times. Remember all the rules. If he doesn't do what the contract says. You can go to court and sue him. Think about it.
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Summary. Hello! If wages are not paid, it is recommended to negotiate first. If the negotiation fails, report to the local labor inspection department for help as soon as possible.
Hello! If wages are not paid, it is recommended to negotiate first. If the negotiation fails, report to the local labor inspection department for help as soon as possible.
If the employer has deducted or defaulted on the employee's wages and remuneration without reason, the labor and social security administrative department shall order the employee to pay the employee's wages and remuneration within a time limit.
If the unit on the construction site still does not pay wages after being dealt with by the labor administrative department, it is recommended to apply for labor arbitration as soon as possible, and if the wages are not paid after the labor history arbitration award is made, it can apply to the court for compulsory enforcement, and the court will seize the property of the construction site boss, deduct it directly from his account and pay it to the employee.
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Injuries sustained on the construction site are work-related injuries and shall be compensated in accordance with the regulations on work-related injury insurance. However, if a worker wants to obtain work-related injury compensation if he or she has not signed a labor contract, he or she must first determine the existence of an employment relationship between the two parties through labor arbitration, and if the labor arbitration commission determines that there is an employment relationship between the two parties, the worker will then claim compensation from the employer for the losses caused by the work-related injury.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: If you are injured at work on the construction site and do not sign a contract, you can apply for work-related injury recognition and enjoy the corresponding insurance benefits for work-related injuries as long as you can prove that there is a labor relationship with the employer.
Legal basis: Article 18 of the Regulations on Work-related Injury Insurance.
The following materials shall be submitted to submit an application for work-related injury determination: (1) an application form for work-related injury determination; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) A certificate of medical diagnosis or a certificate of diagnosis of an occupational disease.
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If you are injured at work on the construction site, although you have not signed a contract, as long as you can prove that there is an employment relationship with the employer, you can apply for work-related injury recognition and enjoy the corresponding work-related injury insurance benefits.
Legal basis] Article 18 of the Regulations on Work-related Injury Insurance stipulates that the following materials shall be submitted to apply for work-related injury identification: (1) the application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
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Legal analysis: If you are injured at work on the construction site, although you have not signed a contract, as long as you can prove that there is a labor relationship with the employer, you can apply for work-related injury recognition and enjoy the corresponding work-related injury insurance benefits. Article 18 of the Regulations on Work-related Injury Insurance stipulates that the following materials shall be submitted to apply for work-related injury determination:
1) Application form for determination of work-related injury; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) A certificate of medical diagnosis or a certificate of diagnosis of an occupational disease.
Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) A certificate of medical diagnosis or a certificate of diagnosis of an occupational disease.
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1. Can I sue for work-related injuries without signing a labor contract?
1. Work-related injuries without signing a labor contract can be sued in court, but the premise is that it has been arbitrated. If a work-related injury without a labor contract is a labor dispute, it is necessary to apply to the labor dispute arbitration commission for arbitration, and then if the employee is not satisfied with the arbitration result, he or she may file a lawsuit with the people's court.
2. Legal basis:
Labor Dispute Mediation and Arbitration Law
Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
Article 5: In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the spine is not performed 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 the arbitral award, he or she may, except as otherwise provided by this Law, file a lawsuit with the people's court.
2. How to compensate for work-related injuries without signing a labor contract
1. If you have not signed a labor contract, you have the right to request the employer to pay double wages and economic compensation.
2. If the employer fails to pay the work-related injury insurance, all work-related injury compensation shall be borne by the unit.
3. First of all, the unit is required to apply to the local labor and social security department for work-related injury identification.
4. The medical expenses, accompanying expenses, living expenses, etc. required for hospitalization are paid by the unit, and the wages and benefits during the suspension period remain unchanged and are paid by the unit on a monthly basis.
5. After the completion of the re-evaluation, the disability appraisal of the working ability shall be done, and the disability compensation shall be proposed according to the conclusion of the disability appraisal.
6. If the unit does not give reasonable compensation, it can sue the labor arbitration office of the Ministry of Labor to protect its rights.
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