How about the dismissal of the work related injury disability level 7 in poor health

Article 35 of the Regulations on Work-related Injury Insurance shall be changed to Article 37 and amended as: "If an employee is identified as having a disability of Grade 7 to Grade 10 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. ”

Legal Analysis: The dismissal of an employee during the period of work-related injury by an employer is an illegal dismissal and compensation shall be paid to the employee.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) Failure to pay labor remuneration in full and in a timely manner, (3) Failure to pay social insurance premiums for the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

1.The medical expenses shall be paid in full by the employer;

2.During the period of suspension of work and salary (during the period of work-related injury** and **), the salary shall be paid according to the original treatment;

3.If nursing care is required during the suspension period, the unit shall be responsible;

4.During the hospitalization of Senling, the food subsidy will be paid according to your local standards;

5.Workers' Compensation:

1) If you continue to work in the unit and do not resign, you will enjoy a one-time disability subsidy according to the "Regulations on Work-related Injury Insurance", and the salary for grade 7 work-related injury is 13 months.

2) If you choose to quit your job, you can enjoy a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy at the same time as a one-time disability subsidy. The specific amount is set by your local area, and the amount of compensation varies depending on the region, so you can call 12333 to consult your local labor department.

6.If the employer dismisses you in accordance with the relevant provisions of the Labor Contract Law, you can also ask the employer to pay severance for the termination of the contract and ask the employer to apply for unemployment insurance for you!

7.If you don't understand anything, you can ask or call 12333 directly to consult the local labor department!

No, because it is only partially incapacitated.

Employees can apply for labor arbitration and request the employer to pay economic compensation or compensation for the termination of the labor relationship, and can also enjoy a one-time employment subsidy and a one-time medical subsidy for work-related injuries and disabilities.

In accordance with the Labor Contract Law

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Terminating a 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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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 three times higher than the average monthly wage of the employee in the previous year 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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

Social Insurance Act

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation 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 allowance and a monthly disability allowance for employees with disabilities 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 event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

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.