How to compensate an injured employee for terminating the labor contract

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After the work-related injury is determined, if the labor contract is terminated upon expiration, or if the employee himself or she proposes to terminate the labor contract, the employer shall pay the employee a one-time medical subsidy for work-related injury and a disability employment subsidy. Employees are compensated according to the level of work-related injury.

The Regulations on Work-related Injury Insurance stipulate that if the labor or employment contract is terminated upon expiration or upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time employment subsidy for disability. 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.

Article 36 of the Regulations on Work-related Injury Insurance If an employee is identified as having a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits:

2) At the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and 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. 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.

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

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.

Legal Analysis: 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 twice the economic compensation. When the contract is terminated, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time employment subsidy.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance stipulates that regardless of whether the employer's termination of the contract is legal or not, when the contract is terminated, the work-related injury insurance** shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time employment subsidy, and the specific standards shall be stipulated by the people of the province, municipality directly under the Central Government and autonomous region**.

Legal Analysis: In addition to the negligent dismissal of an injured employee, if the employer illegally terminates the labor contract, it shall pay compensation to the employee at twice the standard 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.

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

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

The compensation standard for the termination of the labor contract of the injured employee is double the economic compensation. In addition, if the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay the employee a one-time medical subsidy for work-related injuries and a disability employment subsidy. Employees will be compensated according to the level of work-related injury.

If it is a first-degree work-related injury, the employment relationship can be retained.

What should be paid attention to when signing an employment contract?

1. Review the subject qualifications of workers;

2. Fulfill the obligation to inform;

3. When signing the labor contract, the employee should sign it first, and the employer should seal it uniformly;

4. Go through the entry procedures;

5. Go through the employment procedures.

Legal basisArticle 47 of the Labor Contract Law of the People's Republic of China.

Calculation of severance compensation] Severance compensation 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.

If the monthly wage of a worker is reported to be three times the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of time for which economic compensation shall be paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.