Can a mine worker apply for subsistence allowance if he is fired?

Updated on society 2024-05-26
24 answers
  1. Anonymous users2024-02-11

    You can apply for the following reasons:

    Scope and conditions of application for subsistence allowance:

    The minimum subsistence security system for urban residents is a new type of social assistance system that provides differential assistance to the urban poor according to the minimum subsistence security standard.

    Urban residents who hold non-agricultural household registration in the city and whose per capita monthly income of family members living together is lower than the minimum subsistence security standard for urban residents have the right to receive basic living material assistance from the local people**.

    Its main objects are:

    Urban residents who have no livelihood**, no ability to work, no legal supporter or dependent;

    Failure to re-employ during the period of receiving unemployment benefits or at the end of the period of unemployment, and the per capita household income is lower than the minimum subsistence security standard for urban residents;

    Among the incumbents, laid-off workers and retirees, the per capita household income of the incumbents, laid-off workers and retirees is still lower than the local minimum subsistence security standard after receiving wages or minimum wages, basic living expenses and retirement pensions.

    It will not be guaranteed if one of the following situations is among the applicants:

    Although they meet the requirements of the above-mentioned protection targets, the actual daily living expenses of the family are significantly higher than those of other families subject to minimum living allowances.

    Households have non-necessities such as computers, mobility**, motorcycles, cars, and pets.

    Although the per capita monthly income of a family is lower than the minimum subsistence security standard for local urban residents, but there are family members who are able to work, and refuse to work without a legitimate reason after being introduced to employment twice or more.

  2. Anonymous users2024-02-10

    Persons who have been released from prison after completing their sentences can apply as long as they meet the requirements for subsistence allowance, and those who have been dismissed certainly have no problem.

  3. Anonymous users2024-02-09

    The Labor Contract Law stipulates that if an employee is sick for a certain period of medical treatment, he or she needs to go through the formalities of taking sick leave during the medical treatment period, and the labor contract may be terminated in accordance with the Labor Contract Law upon the expiration of the medical treatment period. But not expulsion.

  4. Anonymous users2024-02-08

    No.

    During the reasonable sick leave period, the employer shall not terminate the contract, let alone terminate the contract.

    1. Sick leave for sick or non-work-related employees: six months for those who have worked for more than 10 years and less than 5 years in the unit; 9 months for those between five and ten years; 12 months for those between 10 and 15 years.

    2. If the employee is sick or injured, the employer shall not terminate the labor contract within the medical treatment period prescribed by law; If the employee is unable to perform the original job or work arranged by the employer after the expiration of the medical treatment period, the employer shall notify the employee in writing 30 days in advance to terminate the labor contract.

    3. If the employer proposes to dismiss, it is an illegal act, and it can demand corresponding economic compensation.

  5. Anonymous users2024-02-07

    How long can an employee take sick leave if he or she takes leave after illness, and how long can the employer terminate the contract if he or she cannot return to work for a long time?

  6. Anonymous users2024-02-06

    You can apply for labor arbitration, and whether you win the case depends on whether the company's reason for firing you is legitimate, and if the company's reason for firing you is legitimate, it may lead to your losing the lawsuit; If the reason for the dismissal is not legitimate, the company should pay you compensation.

    Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

  7. Anonymous users2024-02-05

    Can I apply for arbitration if I have not signed an employment contract?

  8. Anonymous users2024-02-04

    Critical illness is not directly related to the subsistence allowance, as long as you meet the requirements for the subsistence allowance, you can apply for the subsistence allowance.

    According to the "Measures for the Review and Approval of the Minimum Living Security".

    Chapter II: Qualifications.

    Article 4: Household registration status, family income, and family property are the three basic elements for determining the recipients of the subsistence allowance.

    Residents who hold local permanent residence can apply for the subsistence allowance if the per capita income of the family members living together is lower than the local subsistence allowance standard, and the family property status meets the conditions stipulated by the local people**.

    Article 6 Residents with non-agricultural household registration may apply for urban subsistence allowance. Residents with agricultural hukou can apply for the rural subsistence allowance.

    In areas where the division of agricultural and non-agricultural household registration has been abolished, in principle, the applicant's household registration is located in an urban area and has lived in the city for more than a certain period of time, there is no contracted land, and he does not participate in the distribution of rural collective economic benefits as the household registration conditions for applying for the urban subsistence allowance.

    Article 10 The applicant may apply separately under any of the following circumstances:

    1) Adult severely disabled persons who have lost the ability to work and live in a single household in a difficult household.

    2) Religious professionals who have left their families and have lived in religious sites for more than three years (including three years) and have difficulties in living.

  9. Anonymous users2024-02-03

    What are the requirements for the top 10 diseases to apply for subsistence allowance?

  10. Anonymous users2024-02-02

    The protection objects of the minimum security system for urban residents refer to urban residents whose per capita household income is lower than the local minimum security standard, mainly the following three categories of persons: 1. Residents (villages) who have no livelihood, no ability to work, and no legal supporter or supporter. 2. Residents who have received unemployment benefits or have not been re-employed after the expiration of unemployment benefits, and whose per capita household income is lower than the minimum subsistence security standard.

    3. Residents whose family income is still lower than the security standard after the incumbents and laid-off personnel receive wages or minimum wages, basic living expenses, and retirees receive pensions. Those who enjoy special preferential treatment in accordance with the relevant provisions of the State shall not be included in their family income in their pensions and fixed supplements.

  11. Anonymous users2024-02-01

    Subsistence allowance refers to families who are unable to work due to severe disability or illness of their family members and are entitled to the minimum subsistence allowance. There are two types of critical illness subsistence allowances:

    1.If the per capita income of family members is lower than the local minimum living security standard, family members can apply for subsistence allowance if they suffer from serious illnesses.

    2.Families with per capita income higher than the local minimum subsistence allowance will not be accepted if they suffer from a major illness.

    In other words, if you want to apply for subsistence allowance with a critical illness, you also need to look at your income, and if you have a high income, you cannot apply for subsistence allowance regardless of whether you have a critical illness or not.

  12. Anonymous users2024-01-31

    You can apply, it's your right, whether you can approve it or not is another matter. Critical illness is not a condition for becoming a subsistence allowance, and the criterion for subsistence allowance is family income.

  13. Anonymous users2024-01-30

    My father wrote an application for malignant melanoma, but the vote at the village meeting was somewhat disagreeable, the family situation was not good, one person earned money for six people, and two of them went to school, can I apply for the subsistence allowance.

  14. Anonymous users2024-01-29

    OK. Eligible to apply for subsistence allowance.

    There are two groups of people who can apply for the unit of calculation individually: those who are disabled who are adults and have lost the ability to work, and those who are seriously ill who have been bedridden for a long time.

  15. Anonymous users2024-01-28

    Critical illness, the beam of the family is sick, why can't I do the subsistence allowance and take medicine for a long time.

  16. Anonymous users2024-01-27

    Jiaohe Qingling Zhao Xinfeng did the bottom guarantee.

  17. Anonymous users2024-01-26

    The following 10 serious illnesses can apply for the subsistence allowance:1) AIDS;

    2) leukemia;

    3) hemophilia;

    4) gastric cancer; 5) lung cancer;

    6) end-stage renal disease (uremia);

    7) severe organ failure;

    8) Severe A(H1N1);

    9) type 1 diabetes mellitus;

    10) Multidrug-resistant tuberculosis.

  18. Anonymous users2024-01-25

    When an employee is squeezed or excluded in the company, he or she can use the law to protect his legitimate rights and interests, so what kind of labor arbitration consequences will he bear after the company loses the lawsuit? Article 2 of the Law on Mediation and Arbitration of Labor Disputes stipulates that the following labor disputes between employers and employees within the territory of the People's Republic of China shall be governed by this Law: (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 provided for by laws and regulations.

    Consequences after losing a company's labor arbitration: First, in a labor arbitration case, after losing the case, the enterprise usually faces economic losses, because the labor arbitration case is basically related to the economy, and the notice of the award result will involve double wages, economic compensation, compensation or wage benefits, etc.; Second, it will have a certain degree of impact on the reputation of the enterprise, because the occurrence of labor disputes reflects to a certain extent that the enterprise is not standardized, or there are violations of labor laws and regulations. Legal basis:

    Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees 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; (iii) Disputes arising from removal, dismissal, resignation or separation; (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.

  19. Anonymous users2024-01-24

    No. If the enterprise unilaterally terminates the labor contract, it shall pay compensation and compensation.

  20. Anonymous users2024-01-23

    All those who hold household registration as urban or rural residents in their own city, and whose per capita income of their family members living together is lower than the local minimum subsistence security standard for urban and rural residents, and whose family property status meets the prescribed conditions, have the right to apply for basic subsistence security from the local civil affairs department, with a maximum of 540 yuan per person per month.

    To apply for urban and rural subsistence allowances, the family must be on a family basis, not individual family members such as the elderly, the disabled, and the laid-off unemployed.

    Note: There will be other measures or methods in some areas, such as urban and rural residents and new citizens living in non-municipal household registration, who have temporary and sudden family life difficulties caused by various special reasons, can apply for temporary hardship assistance, and the cumulative amount of assistance throughout the year is up to 10,000 yuan.

  21. Anonymous users2024-01-22

    According to Article 24 of the Regulations on the Administration of Housing Provident Fund, employees can withdraw the balance stored in the housing provident fund account under any of the following circumstances:

    1. Purchasing, constructing, renovating, or overhauling self-occupied housing;

    2. Repayment of principal and interest of the loan for the purchase and construction of self-occupied housing;

    3. Renting a self-occupied house, and the rent exceeds a certain percentage of the family's salary income;

    4. Retired or retired;

    5. Those who leave the country to settle down;

    6. The employee dies or is declared dead;

    7. Those who enjoy the minimum subsistence guarantee in urban areas;

    8. Completely or partially incapacitated and terminated the labor relationship with the unit;

    9. Other circumstances stipulated by the Management Committee in accordance with relevant laws and regulations.

    Summary: Article 25 of the Regulations stipulates that if an employee withdraws the balance in the housing provident fund account, the unit to which he or she belongs shall verify it and issue a certificate of withdrawal. Employees shall apply to the Housing Provident Fund Management Center for withdrawal of housing provident fund with proof of withdrawal.

    The Housing Provident Fund Management Center shall, within 3 days from the date of acceptance of the application, make a decision to approve or disapprove the withdrawal, and notify the applicant; If the withdrawal is approved, the entrusted bank shall handle the payment formalities.

  22. Anonymous users2024-01-21

    You can apply for medical insurance at any time. Subsistence allowance application conditions:

    1. Hold an agricultural resident household registration in the county;

    2. Rural residents living in rural village groups and families contracting land;

    3. The per capita annual net income and actual living standard of family members living together are lower than the local rural subsistence allowance standard (ask the local civil affairs department for details).

    Documents required to apply for the subsistence allowance:

    1. Written application;

    2. Family members' household registers;

    3. Group photo of family members living together;

    4. Land, forest, water surface contract or certificate; 5. Proof of income of migrant workers.

  23. Anonymous users2024-01-20

    What are the requirements for the top 10 diseases to apply for subsistence allowance?

  24. Anonymous users2024-01-19

    In general, severe primary heart disease, severe brain injury, severe aplastic anemia, uremia, brain tumor, paralysis, myocardial infarction, malignant tumor, liver failure and other diseases can apply for the subsistence allowance.

    Question: Can bone necrosis apply for subsistence allowance?

    Answering the application for subsistence allowance is directly related to family income, and has little to do with whether there are patients in the family. If the family income is lower than the local minimum living allowance, you can apply for the subsistence allowance. If there is a sick person in the family and the family is poor, and the family income meets the requirements of the subsistence allowance family, it can apply for the subsistence allowance.

    As long as you meet the conditions for applying for the subsistence allowance, you can directly apply for the subsistence allowance and need to submit the following information: 1. The subsistence allowance application, the letter of commitment, and the letter of authorization; 2. Copy of ID card and household registration index (original for future reference); 3. Proof of income status of family members; 4. Persons with disabilities shall provide the Certificate of Disabled Persons of the People's Republic of China and a photocopy; 5. Appraisal certificate of complete or partial loss of working ability, and a diagnosis certificate issued by a hospital at or above the county level shall be provided; 6. If a single-parent family provides proof of alimony or enterprise survivors' subsidy, if it is divorced, it is necessary to provide a divorce agreement or court judgment; Elderly people living alone provide proof of child support and income; 7. If the family and immediate family members have separate household registrations, only one of them can apply for it, and at the same time issue a relief certificate from the sub-district office or town where the other party's household registration is located; 8. Students over the age of 18 should provide proof of schooling.

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