If I am injured and disabled during the contract period, and I can t return to my original position,

If the employee is disabled due to a work-related injury during the contract period and cannot return to his original position, he can receive unemployment benefits if he or she terminates the labor contract, and the termination of the labor contract due to work-related injury and disability is not the subjective will of the employee, and it is in accordance with the Social Insurance Law to receive unemployment insurance benefits.

Labor Contract Law

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

Social Insurance Act

Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**:

1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a request to seek employment.

You're going to leave your job automatically?? Crazy.

If you are injured or disabled during the contract period, in principle, the employer is responsible for your next work, and they cannot dismiss you without special reasons.

But if you leave your job voluntarily, you give up all your rights, you can think clearly.

There is also unemployment insurance has nothing to do with whether you have a work-related injury or not, as long as the unemployed person has paid social security before, you can get a certain percentage of unemployment insurance.

After a work-related injury, if the employee takes the initiative to terminate the labor contract, he or she is generally not entitled to unemployment benefits, but if the employer proposes to terminate the labor contract, he can claim compensation.

1. If the contract expires, how can the employee be compensated if he does not renew the contract?

After the expiration of the employment contract, if the employee is unwilling to renew the contract, the employee can generally no longer request the employer to pay compensation. Article 46 of the Labor Contract Law stipulates that an employer shall pay economic compensation to an employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 the 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.

2. The employer terminates the labor contract through consultation.

1. If the employee proposes to terminate the labor contract, the employer is not required to pay severance payment. Article 46 of the Labor Contract Law stipulates that if an employer proposes to terminate an employment contract, it shall pay severance to the employer. If the employee proposes to terminate the labor contract and reaches an agreement, no severance is required.

Therefore, if the employee has the intention of resigning, the employer should try to ask the employee to submit a written resignation report, or in the resignation approval form, it should be stated that Huitan is the employee's motion for termination.

2. After reaching a consensus with the staff, the written confirmation shall be carried out. If the employer and the employee terminate the labor contract in advance, they shall negotiate as far as possible first, and confirm in writing after the two parties have basically reached an agreement. It is not possible to directly send a written notice of termination, and if the employee initiates labor arbitration, it is likely to be found to be illegal termination.

3. Can I resign after 5 years of work-related injury?

It doesn't have to be on a case-by-case basis. After five years of work, if the employer violates the provisions of the labor contract after five years of work, there is compensation for terminating the labor contract, and if the employee voluntarily resigns, there is no compensation. However, if a work-related injury is rated as disabled, you will receive a lump sum medical benefit from the work-related injury insurance and a lump sum disability employment benefit from the employer.

Article 45 of the Social Insurance Law stipulates that an unemployed person shall receive unemployment insurance money from unemployment insurance** if he meets the following conditions: (1) the employer and himself have paid unemployment insurance premiums for one year before becoming unemployed; 2) Interruption of employment not due to the person's will; 3) Have been registered as unemployed and have a request to seek employment.

If an employee voluntarily terminates a labor contract with the company, he or she is not allowed to receive unemployment insurance benefits. To enjoy unemployment insurance benefits, the following conditions should be met at the same time:

1. Interrupting employment without the person's will;

2. Have registered for unemployment insurance in accordance with the law and have job search requirements;

3. Participated in the bridge seepage insurance in accordance with the law, and the employer and the person have fulfilled the payment obligation for one year according to the regulations.

Unemployed persons can choose whether or not to apply for unemployment insurance benefits. Those who are willing to apply for unemployment insurance money shall, within 60 days from the date of dissolution or termination of the contract, apply for unemployment insurance money at the social insurance agency that accepts the unemployment insurance business of their unit. Those who fail to apply for unemployment insurance money at the agency that handles unemployment insurance for them within 60 days shall be deemed to have voluntarily waived their right to unemployment insurance benefits.

Legal basis

Article 51 of the Social Accusation Insurance Law stipulates that if an unemployed person falls under any of the following circumstances during the period of receiving insurance benefits for allergy and chiropractic, he shall cease to receive unemployment insurance benefits and at the same time cease to enjoy other unemployment insurance benefits:

1) Re-employed;

2) those who should be conquest for military service;

3) emigrating abroad;

4) Those who enjoy basic pension insurance benefits;

5) Refusing to accept appropriate work or training introduced by a department or institution designated by the local people** without a legitimate reason.

If you resign after a work-related injury, you can ask for compensation if you have it. In the case of work-related injury and disability, a one-time disability subsidy, a one-time disability employment subsidy, and a one-time work-related injury medical subsidy may be requested, of which the former subsidy can be claimed and paid during the existence of the labor relationship, and the latter two compensation shall be paid after the termination or dissolution of the labor contract.

Regulations on Work-related Injury Insurance

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:

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.

Hello! 1.Our social endowment insurance includes unemployment insurance, which is required by the state to pay insurance for employees, in order to ensure that employees can have basic living security after unemployment.

2.There are several conditions for receiving unemployment benefits: 1) According to Article 14 of the Regulations on Unemployment Insurance:

An unemployed person who meets the following conditions may receive unemployment insurance money: (1) he or she has participated in unemployment insurance in accordance with the regulations, and his or her employer and himself have fulfilled the obligation to pay contributions in accordance with the provisions for one year; 2) Interruption of employment not due to the person's will; (3) Those who have been registered as unemployed and have requirements for job seeking.

2) The procedures for receiving unemployment insurance must be completed within 60 days from the date of termination of the labor relationship.

3.Seeing that one of the above conditions for applying for unemployment benefits is not due to the interruption of employment due to one's will, there are many cases where the enterprise and the termination of the labor contract cause you to lose your job, so the state requires the enterprise to pay for the employee for the benefit of the employee, and enjoy different unemployment benefits according to the payment period. It is the enterprise and the individual employee who pay to the state on the job, and if you don't apply, it is the state, so after you apply, it has nothing to do with the company, and it has something to do with your own application for unemployment benefits again in the future.

After this application, the amount of unemployment insurance will be calculated from the time you paid unemployment insurance once, and if you apply for unemployment insurance next time, it will be calculated from the time you have been insured for unemployment insurance after the last time you applied for unemployment insurance. Hope it helps! Best wishes!

There is no loss, and unemployment benefits are paid out of unemployment insurance benefits, and they have nothing to do with the original employer.

1. Can I get unemployment benefits for the termination of a labor contract due to work-related injuries?

If a work-related injury terminates a labor contract, if the labor contract is terminated with the employer on its own initiative, the employee cannot receive unemployment insurance benefits. If the employer terminates, it can claim compensation. According to Article 45 of the Social Insurance Law, the interruption of employment without one's will is one of the three conditions necessary for an unemployed employee to receive unemployment insurance money, and there is no exception for an injured employee.

The voluntary termination of the contract is the voluntary interruption of employment, which does not meet the conditions for receiving unemployment insurance money, and cannot receive unemployment insurance money.

If an injured employee partially loses his or her ability to work after the appraisal of his or her ability to work, he or she shall take the initiative to terminate the contract, and the employer shall pay a one-time medical subsidy for work-related injury from the work-related injury insurance, and the employer shall pay a one-time employment subsidy, and the specific standards shall be prescribed by the province or municipality directly under the Central Government or autonomous region where the employee is located.

2. The conditions for applying for unemployment insurance money.

The first is to participate in unemployment insurance in accordance with the regulations, and the unit to which the employer belongs and the person have fulfilled the obligation to pay contributions in accordance with the regulations for one year.

The second is the interruption of employment not due to his own will, that is, the unemployed person is unwilling to interrupt employment, but is forced to interrupt employment due to reasons beyond his control. The Measures for the Application and Payment of Unemployment Insurance Premiums issued by the Ministry of Labor and Social Security stipulate the circumstances under which employment is interrupted not due to one's will, mainly including: termination of labor contract, termination of labor contract by the employer, dismissal, dismissal or dismissal of the employee by the employer, and resignation of the employee due to the employer's violation of the law or violation of the labor contract.

If an employee becomes unemployed due to the occurrence of the above-mentioned circumstances, the employee has the right to apply for unemployment insurance money.

Third, they have been registered as unemployed and have job search requirements. The purpose of unemployment registration is to grasp the basic information of the unemployed and confirm their qualifications. The requirement to seek employment is due to the fact that an important function of unemployment insurance is to facilitate the re-employment of the unemployed.

This is a prerequisite for enjoying unemployment insurance benefits, and it is also the obligation of the unemployed.

All unemployed persons who meet the conditions for receiving unemployment insurance can apply for unemployment insurance money to protect their most basic livelihood.

Whether or not the employee can receive unemployment benefits shall negotiate and communicate with the employer to settle the issue. Under normal circumstances, if the employer voluntarily resigns from the employee's position, it must pay unemployment benefits, and if it is illegal to do so, the employee can apply to the labor arbitration institution for labor arbitration to settle the matter, or make a judicial decision through litigation to settle the problem, and if the employee voluntarily resigns, he shall not be entitled to unemployment benefits.

Extended reading: How many years can I get unemployment benefits in an employment contract?

Can I get unemployment benefits if my company fails?

Is there an unemployment benefit if the company lays off employees?

As long as it is a reason for resignation that is not the person's will, you can receive it.

Unemployment benefits application conditions:1Units participating in unemployment insurance in accordance with the regulations and themselves have paid contributions for one year in accordance with the regulations.

2.Interruption of employment without the intention of the person. 3.

You have been registered as unemployed and have a job search request. As long as the above provisions are met, whether or not the employee is injured at work, he can get unemployment benefits.

I voluntarily resigned here and also had unemployment benefits, and some places where social security was chaotic were operated. You can try your luck.

Good afternoon! Schoolmate.

I don't think there is a way to get unemployment benefits.

The reason is very clear to the people upstairs, so I won't say more.

However, it is better to contact the local labor department for details.

To receive unemployment benefits, you must meet both of the following conditions:

1. Pay unemployment insurance normally in the original unit before becoming unemployed;

2. The company will not renew the contract if the company dismisses or the contract expires.

What is unemployment benefit, and aren't there three types of workers' compensation?