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At the end of the medical treatment period, an appraisal of labor ability shall be conducted.
Expiration of medical treatment Termination of contract Economic compensation Medical subsidy Payment] Article 6 of the Measures for Economic Compensation for Violation and Termination of Labor Contract (Lao Bu Fa No. 1994 No. 481) of the Ministry of Labor stipulates that if a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform another job arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of service in the employer. At the same time, a medical subsidy of not less than six months' salary shall be paid, and the increase in the amount of medical allowance shall not be less than 50 per cent in the case of serious illness and not less than 100 per cent of the medical subsidy in the case of terminal illness.
Article 2 of the Ministry of Labor's "Notice on Implementing the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (1995) No. 236 stipulates that with regard to the medical treatment period for special diseases, according to the current actual situation, if some employees suffering from special diseases (such as cancer, mental illness, paralysis, etc.) cannot be cured within 24 months, the medical treatment period may be appropriately extended with the approval of the enterprise and the competent labor department.
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Labor arbitration supports you in requesting the company to pay back the comprehensive insurance. Yes, if there is an agreement, medical expenses in other provinces and cities will not be reimbursed, because your company is in Shanghai, so Hangzhou does not belong to the jurisdiction of reimbursement, and it really cannot be supported. The rest are not within the scope of arbitration.
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The following conditions must be met for a labor arbitration case: 1. The complainant must have a direct interest in the labor dispute applied for arbitration; 2. The dispute to be applied for arbitration must be a labor sales dispute; 3. Must apply to the arbitration commission with the right to arbitrate; 4. There is a clear respondent and a specific arbitration claim as well as a factual basis; 5. The application for arbitration must be made within the prescribed time.
Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China provides that in the event of a labor dispute, the parties are unwilling to negotiate, fail to negotiate or fail to perform 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 an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law. Article 51 of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" stipulates that the parties shall perform the legally effective mediation documents and awards in accordance with the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law.
The people's court accepting the application shall enforce it in accordance with law.
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1.Double wages without an employment contract are calculated from the second month of employment, regardless of whether they are transferred or not.
2.Compensation for illegal termination of the contract shall be calculated according to the monthly salary for less than 6 months, and the monthly double compensation standard shall be given, that is, one month's salary shall be given as compensation. The standard is the average salary for the 12 months prior to the termination of the contract.
If it is less than 12 months, it is calculated on the basis of the average salary of the months prior to the termination of the contract.
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The first question is that the double salary of the unsigned contract is calculated from the second month, regardless of whether it is regularized or not. It is a legal obligation to sign an employment contract.
The second question is that the compensation for illegal termination of the labor relationship = twice the economic compensation, which is less than 6 months.
This salary is calculated based on the average salary of 12 months, and if you have worked for less than 12 months, the average salary of the previous months is used as the standard.
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Legal analysis: The Labor Dispute Mediation and Arbitration Law stipulates that labor arbitration is 45 days from filing to conclusion, and under special circumstances, it can be extended by the president for 15 days.
Legal basis: Article 43 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 43 The arbitral tribunal shall generally conclude the adjudication of labor dispute cases within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission. If the case is complicated and requires a general extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and notified the parties in writing, but the time limit shall not exceed 15 days before the extension.
If the arbitral award is not rendered within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.
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Legal analysis: The Labor Dispute Mediation and Arbitration Law stipulates that labor arbitration is 45 days from filing to conclusion, and under special circumstances, it can be extended by the president for 15 days.
Legal basis: Article 43 of the Law on Mediation and Arbitration of Labor Disputes Article 43 The arbitration tribunal shall generally conclude a labor dispute case within 45 days from the date on which the arbitration application is accepted by the labor dispute arbitration commission. If the case is complicated and requires a general extension, it may be extended and notified in writing to the parties upon approval by the chairman of the labor dispute arbitration commission, but the extension period shall not exceed 15 days.
If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.
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The Labor Dispute Mediation and Arbitration Law applies to the following labor disputes: disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.; Disputes arising from the confirmation of employment relations; disputes arising from removal, dismissal, resignation or resignation; Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts; Other. >>>More
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Labor arbitration proceedings generally take 60 days. According to the arbitral award, it shall generally be made within 60 days of receiving the application for arbitration, and if the party is not satisfied with the arbitration, the party shall file a lawsuit within 15 days from the date of receipt of the arbitral award. >>>More
The conditions for the arbitration commission to accept the arbitration application are: 1. The complainant must have a direct interest in the labor dispute applied for arbitration; 2. The dispute to be applied for arbitration must be a labor dispute; 3. Apply to the arbitration commission with the right to arbitrate; 4. There is a clear respondent and a specific arbitration claim as well as a factual basis; 5. The application must be made within the specified time. >>>More