What should I do if the employer refuses to pay a one time employment payment?

The employer refuses to pay a one-time employment subsidy for work-related injuries and applies for labor dispute arbitration.

According to Articles 36 and 37 of the Regulations on Work-related Injury Insurance, when the labor relationship of an injured employee whose working ability is assessed as grade 5 to 10 is dissolved or terminated, the employer shall pay a one-time employment subsidy for work-related injuries in accordance with the standards stipulated by the province, municipality or autonomous region where the employer is located. If the employer fails to pay, it shall apply for labor dispute arbitration in accordance with Article 54 of the Regulations on Work-related Injury Insurance and Article 5 of the Law on Arbitration and Mediation of Labor Disputes. If the arbitration does not enfil, the application shall be made to the people's court for enforcement.

Hello, you can apply for labor arbitration and claim that the employer is liable for work-related injury compensation.

Go to the labor arbitration commission to apply to the arbitration company to pay compensation, so that you can save a lot of trouble when you receive the compensation paid by the work-related injury insurance** in the future.

In accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Legal analysis: When the employer refuses to pay a one-time work-related injury subsidy, you can apply for labor arbitration and require the employer to pay. It is to go to the labor dispute arbitration committee in the local human resources and social security bureau to apply for labor arbitration.

At the same time, you need to prepare 2 copies of the arbitration application and 1 copy of the applicant's ID card; Copies of relevant evidence and 2 copies of evidence. There is no fee to apply for labor arbitration.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Hospitalization meal subsidy; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

In the event of a work-related injury, the work-related injury insurance pays the employee a lump sum disability benefit. If the employment relationship is terminated, the employer is required to pay the employee a one-time disability employment subsidy. The company's insurance pays the employee a one-time medical subsidy.

If the employer refuses to pay the employee a one-time disability employment subsidy, the employee may apply for labor arbitration to require the employer to pay:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (commonly known as the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing, etc.).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and give the other party a time to reply; Then the first hearing, after which the two parties will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration cases are generally concluded within 60 days; If the employee is not satisfied with the ruling, he or she can sue the court within 15 days after receiving the ruling;

3. It is possible to ask professionals to provide remote guidance services and legal documents such as labor arbitration applications and evidence lists without inviting local lawyers. In addition, during the application for labor arbitration, the employee will not be delayed to work in the new unit.

The standard of the one-time work-related injury employment subsidy is set by the people of the provinces, autonomous regions and municipalities directly under the Central Government. If a worker is disabled due to work, and is then identified as grade 5, 6, 7, 8, 9 or 10, and terminates or dissolves the labor contract with the employer at the same time, the employer shall pay a one-time disability employment subsidy, and there is no uniform standard for the subsidy, and the specific standard shall be stipulated by the people of each province, autonomous region or municipality directly under the Central Government.

Legal basis

Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as a seventh-level to tenth-level disability due to work-related disability, he or she 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.

Article 77 of the Labor Law of the People's Republic of China provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may settle it through negotiation.

If the employee meets the conditions for receiving it, but the company does not give a one-time employment subsidy for work-related injuries, the employee can claim it through negotiation, mediation, filing a lawsuit, etc. If the worker does not meet the eligibility criteria, he or she cannot claim the benefit from the company.

Legal basis] Article 37 of the Regulations on Work-related Injury Insurance.

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 the 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 filial piety 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 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation.

Legal Analysis: The dismissal of an employee for disciplinary violations is not a reason for the employer to refuse to pay a one-time disability employment subsidy, and the employer must pay the employment subsidy. Article 39 of the Social Insurance Law stipulates that:

The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations: (1) wages and benefits during the work-related injury; (Announcement 2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. The provisions only make the termination or dissolution of the labor contract a prerequisite for the employee injured at work to enjoy a one-time disability employment subsidy, and does not make the method and reason for the termination of the contract as a condition.

Correspondingly, the company cannot refuse to pay because you have been terminated from the labor contract for serious violations of discipline. Liquid.

Legal basis: Article 39 of the Social Insurance Law The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.