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The probationary period is also included in the term of the labor contract, which is a work-related injury and is liable in accordance with the provisions of the work-related injury insurance regulations.
Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;
2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;
3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.
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Although your friend is on probation and is not yet a regular employee of the factory, your friend and the factory have formed a de facto labor relationship, and died in an accident during the work period, which is also a death in the line of duty, and will be treated as a work-related death.
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In accordance with the national regulations on compensation for work-related injuries, the state now has regulations that compensation must be made regardless of whether it is an employee of the work unit, a factory, a construction site, or a worker.
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Count as a work-related injury. The standard of compensation is 20 times the average social wage of the local society in the previous year. In addition, if there are minor children, maintenance shall be paid until the age of 18, and if there are parents who need support, maintenance shall be paid until the death of the elderly person being supported.
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During the probationary period, the employee touched the distribution box and was electrocuted, which depends on whether the touch distribution box is related to his work, if there is a related compensation according to the death of work, if it is not related to his work, then the responsibility must be analyzed.
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According to the regulations of the state, you can give as much as you want
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Labor Contract Law.
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the contract within the labor period is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 21.
During the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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If the probationary period exceeds the statutory period, the excess part of the salary shall be calculated according to the regular salary, and the unit may be required to make up for it. The statute of limitations for wage issues is one year from the time when the employee leaves the company.
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If the employer does not become a regular employee or dismiss him after the probationary period, then he or she may be calculated according to the regular salary. The statute of limitations begins to run from the expiration of the probationary period.
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Article 27 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is one year. The statute of limitations for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
Article 1 of the Judicial Interpretation II of the Supreme People's Court shall be regarded as the "date of occurrence of the labor dispute" as provided for in Article 82 of the Labor Law in the following circumstances:
1) If the employer can prove that it has notified the employee in writing of the refusal to pay wages in a dispute over the payment of wages arising during the existence of the labor relationship, the date on which the written notice is served shall be the date on which the labor dispute arises. If the employer cannot prove it, the date on which the employee claims his rights shall be the date on which the labor dispute arises.
1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle; >>>More
Yes, the Labor Contract Law
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Work-related injuries during the probationary period and work-related injuries suffered by regular employees can enjoy the same work-related injury benefits; The work-related injury shall be declared by the unit, and the employer shall bear all the work-related injury benefits if no social security has been purchased. >>>More
In the case of Article 32, Paragraph 1 of the Labor Law, which stipulates that "an employee may terminate the labor contract at any time by notifying the employer during the probationary period", the employer has no reason to block it. >>>More
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