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For example, Article 26 of the State Compensation Law stipulates that if a citizen's personal freedom is violated, the daily compensation shall be calculated according to the average daily wage of the state employee in the previous year. Article 27 stipulates that where a citizen's right to life and health is violated, the compensation shall be calculated in accordance with the following provisions:
1) Where bodily injury is caused, medical expenses shall be paid, as well as compensation for the loss of income due to lost work. The compensation for each day of the reduced income shall be calculated on the basis of the average daily wage of the employees of the State in the previous year, and the maximum amount shall be five times the average annual wage of the employees of the State in the previous year;
2) In the case of partial or total loss of working capacity, medical expenses and disability compensation shall be paid, which shall be determined according to the degree of incapacity to work, with the maximum amount of partial loss of working capacity being 10 times the average annual wage of the State employee in the previous year, and the total loss of working capacity shall be 20 times the average annual wage of the State employee in the previous year. If the total loss of the ability to work is caused, the person who is unable to work shall also be paid living expenses;
3) Where death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times the average annual salary of the State employee in the previous year. Living expenses shall also be paid to persons who are unable to work and who are supported by the deceased during his lifetime.
The standards for the payment of living expenses provided for in items (2) and (3) of the preceding paragraph shall be handled with reference to the provisions of the local civil affairs departments on livelihood relief. If the dependent person is a minor, the maintenance allowance shall be paid until the age of 18; For other persons who are unable to work, living expenses shall be paid until the time of death.
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Dream of Red Mansions has created a large number of characters, each with their own unique personality characteristics, and has become an immortal artistic model, which will forever radiate a wonderful brilliance in the history of Chinese literature and the history of world literature.
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Hello dear, <>
I am glad to answer for you, to apply for state compensation: 1. You can submit a reconsideration of Wang Liang to the public security bureau that made the detention decision, or an administrative reconsideration to the public security organ at the next higher level; 2. It is also possible to ask the people's court to ask for compensation from the state when the people's court initiates an administrative lawsuit. Legal basis:
Article 9 of the State Compensation Law ("State Compensation Law") Where the organ with the obligation to compensate has any of the circumstances provided for in Articles 3 and 4 of this Law, it shall give compensation. A claimant for compensation shall first submit it to the organ with the obligation to compensate, and may also file a request for leniency at the same time when applying for administrative reconsideration or initiating an administrative lawsuit. Article 10: Claimants for compensation may demand compensation from any of the organs with joint obligation to compensate, and the organ with the obligation to compensate shall make compensation in advance.
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What is the reason to quit? There is no compensation for resignation due to personal reasons, and you can refer to Article 38 of the Labor Contract Law, which stipulates that if you meet your circumstances and propose to terminate the labor contract for the reasons specified in one of the provisions, you can claim severance compensation.
Legal basis: Article 38 of the Labor Contract Law provides that 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 workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances in which the law or administrative regulations provide that the employee may terminate the labor contract.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer. Liquid Sun.
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There is no compensation for your resignation, and you should be fired. Or the industry and commerce can not continue to work.
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According to the law, if the employer terminates the labor contract with the employee before the expiration of the labor contract, it is required to pay severance payment, which is calculated as one month's salary after one year of service, which refers to the average salary of the 12 months before resignation, and shall be subject to the amount due. However, if you resign on your own, the employer does not need to pay compensation.
Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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 economic compensation for the sedan car.
If the monthly wage of a worker is three times higher than the average monthly salary 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 salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years.
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If you take the initiative to resign, it means that you propose to terminate the labor contract, and the employer has no compensation for you.
If the employer terminates the labor contract without reason (non-landlord violates the contract and other factors), the employer must pay economic compensation.
In accordance with the provisions of the law, Article 47 of the Law on Labor Closure and Early Concealment shall be paid to the worker according to the number of years he or she has worked in the unit and the standard of 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.
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If you resign, you will terminate the contract of Lao Qiaoyin, and there will be no compensation for the filial piety banquet.
If the employer terminates the joint labor travel agreement, it must pay severance payments.
There are provisions in the Labor Contract Law.
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Do you want to apply for compensation in the form of Shilao Chenshan? If the employer does not buy you social security or there are other illegal acts for you, if not, you have no right to apply for compensation from the unit. Of course, there is a situation where you are already in an indefinite term labor contract, and the employer is not allowed to let you resign or be fired at will.
If none of these are the case, you can't apply.
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Hello, lawyer Ma will answer for you: If you leave the job voluntarily, there will be no compensation. If the company dismisses you, or the company's behavior infringes on your rights and interests, you can file a forced resignation to claim compensation from the company.
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If the employee resigns by himself, he or she cannot apply for compensation, and even if he or she does, the employer will not give compensation.
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There is no compensation for your own resignation, because it was an individual who initiated it. If the company wants to fire you, you will need compensation.
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1. You can ask for double wages.
2. Overtime pay can be requested.
3. Require supplementary payment of social insurance.
4. If the labor contract is terminated illegally, the compensation of one month's salary and the payment of one month's salary shall be paid.
5. You can demand the payment of arrears of wages and deducted wages.
6. It is recommended to apply for labor arbitration.
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1. From the circumstances you described, your father's injury was a work-related injury. According to the laws of China, in order to enjoy work-related injury benefits, the employer must first apply to the relevant departments of the Tangshan Labor Bureau for work-related injury recognition, and the employer is obliged to submit an application for recognition within 30 days, if the employer does not apply, the injured employee or his immediate family members can apply for work-related injury recognition within one year from the date of the accident.
2. The compensation items for work-related injuries are as follows: 1. Medical expenses; 2. Wages during the period when work is stopped due to injury; 3. Nursing expenses for nursing care due to inability to take care of oneself; 4. If it constitutes a disability (it is necessary to apply to the relevant departments of the Tangshan Labor Bureau for disability level appraisal), you can enjoy a one-time disability subsidy, disability allowance, work-related injury medical subsidy, and disability employment subsidy according to the corresponding level. 5. Accommodation and transportation expenses during hospitalization**.
3. The specific amount of compensation to be compensated needs to be calculated in detail based on the information you provide.
Fourth, this is a simple answer based on the information you provide, as for whether it constitutes a work-related injury, how to identify the work-related injury, how to carry out the disability level appraisal and the calculation of the amount of compensation, etc., all need to be analyzed on a case-by-case basis, and it is best for you to bring all the information to discuss in detail.
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Whether you can get severance for resignation depends on the reason for your resignation, if you resign on the grounds that the employer has committed an illegal act as stipulated in Article 38 of the Labor Contract Law and the employer does have such an illegal act, you can request the employer to pay compensation.
Legal basis: Labor Contract Law
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 workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under 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.
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Let's talk about it, it can be solved.
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1. The specific amount of compensation for the deceased shall be calculated according to the deceased's household registration, age, children, and parents;
2. The specific amount of compensation for the injured person shall be calculated according to the medical expenses spent by the injured person, the number of days of hospitalization, the salary, whether it constitutes a disability and the level of disability, whether there is someone to take care of it during hospitalization, and other specific case circumstances;
3. Specific details can be asked.
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Hello: According to what you said, your wife was dismissed by the company during pregnancy, the company is illegal to terminate the labor contract, according to the relevant laws and regulations, she can get double compensation, because she has worked for more than 6 months and less than 1 year, so your wife can get 1 month's salary and 1 month of quarterly bonus multiplied by 2 compensation, of course, if she wants to work in the company, she can still do.
I hope it helps, thank you for your trust in me.
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