Q: Why can t I retire due to work related injuries when I am assessed as a grade 6 disability due to

Because he has not yet reached the age of retirement, he will not be able to retire with a work-related injury even if he is seriously injured in the line of duty.

Because I think he needs a certain age to retire, and he can't do it anymore.

The policy is different, it is recommended that you consult the relevant local departments, the unit does not allow you to handle retirement, because of retirement, the age is not enough, it is possible to arrange, you go to other departments.

Because the level is not enough, the work-related injury level 1 to 4 is fine, and the level 6 is not up to standard.

This should be based on local policies, because the policies of each place are different, and it is not necessary that you can retire due to work-related injuries, and sometimes you will be put in some simple positions.

According to the National Regulations on Work-related Injury Insurance.

1-4 work-related injuries to the retirement age of 60 years old, social security payment for more than 15 years can go through the retirement procedures according to the regulations, 5-6 level work-related injuries by the unit to arrange work, really can not adapt to the work by the unit in accordance with the work-related injury insurance regulations to give living expenses, home recuperation, until the statutory retirement age retirement.

No matter how big the work-related injury level 1 to 4 is, you will directly retire from the job and receive a monthly allowance, and you will go to work honestly from level 5 to 10, otherwise you will resign and do other things with compensation.

After all, some laws really don't meet the standard of being able to retire without reaching the age, and they will arrange for you to do other things.

Working does not necessarily mean early retirement, you should consult your local labor and social security department.

If an employee is identified as having a Grade 1 to 6 disability due to work-related disability, the employer and the employee shall pay the basic medical insurance premiums based on the disability allowance. It can be seen that it is only stipulated that employees with work-related injuries from grade 1 to 6 need to pay basic medical insurance premiums. The failure of employees with work-related injuries in grades 1-6 to not pay basic pension insurance premiums is a requirement of the "Regulations on Work-related Injury Insurance", and it will be a violation for social security institutions to levy basic pension insurance premiums without the authorization of laws, regulations and rules.

Hello dear dear, according to your question, you are provided with the following, for reference only: The second paragraph of Article 15 of Article 3 of the Regulations on Work-related Injury Insurance stipulates: "If an employee is identified as a first-grade to sixth-grade disability due to work-related disability, the employer and the employee shall pay the basic medical insurance premium based on the disability allowance."

It can be seen that it is only stipulated that employees with work-related injuries from grade 1 to 6 need to pay basic medical insurance premiums. Grade 1-6 work-related injury workers do not pay Fengfeng's basic pension insurance premiums are required by the "Regulations on Work-related Injury Insurance", and it will be a violation for social security institutions to levy basic pension insurance premiums without the authorization of laws, regulations and rules.

You can take a closer look at Article 36 of the Conditions for Work Injury.

Dear, I also found it based on online experience, if you have any questions, I can inquire again.

How to pay social security after the work-related injury level 5 or 6 employees receive disability allowance?

Hello dear dear, according to your question, you are provided with the following, for reference only: According to the answer to your question as follows, For the sixth-level work-related injured employee who receives disability allowance, the social insurance premium shall be paid by the employer and the injured employee in accordance with the prescribed proportion. rArticle 24 of the Measures for the Implementation of the Regulations on Work-related Injury Insurance in Anhui Province Article 24 If an employee is identified as a grade 5 or 6 disability due to work-related disability, he or she shall enjoy relevant benefits in accordance with the provisions of Article 36 of the "Regulations".

During the period when the employee receives the disability allowance, the employer and the individual employee shall pay various social insurance fees based on the disability allowance and pay the social insurance fee according to the regulations, and after deducting the various social insurance premiums paid by the individual, if the actual amount of the disability allowance is lower than the local minimum wage standard, the employer shall make up the difference. r Upon the request of the injured employee, the employee may terminate or terminate the employment relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment subsidy for disability. Based on the average monthly wage of employees in the overall area in the previous year, the standard of one-time medical subsidy for work-related injuries:

24 months for grade 5 disability and 18 months for grade 6 disability; The standard of the lump sum disability employment allowance is 40 months for grade 5 disability and 34 months for grade 6 disability.

Article 36 of the Regulations on Work-related Injuries After receiving disability allowance for work-related injuries at grade 5 and 6, there are units that pay according to the regulations

During the period when the employee receives the disability allowance, the employer and the individual employee shall pay various social insurance premiums according to the provisions based on the disability allowance, and after deducting the various social insurance premiums paid by the individual, if the actual amount of the disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.

If a work-related injury is identified as a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance**. In the case of a grade 5 disability, the wages of the injured person who have been injured for 16 months shall be paid in the month before the injury; for grade 6 disability, 14 months; (2) If the employment relationship with the employer is retained, the employer shall arrange appropriate work.

If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis. In the case of a Grade 5 disability, 70% of the wages paid by the injured person in the month before the injury was made; 60% for grade 6 disability. In addition, the employer and the injured person shall continue to pay various social insurance premiums in accordance with the regulations.

If the actual amount of disability allowance is lower than the minimum monthly wage standard for employees in this city, the employer shall make up the difference. At the request of the injured worker, the injured worker may terminate or terminate the employment relationship with the employer, and the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. In the case of a fifth-grade disability, the total of the two subsidy standards shall be the average monthly wage of the city's employees in the previous year for 30 months; 25 months for grade 6 disability.

Where the labor relationship is terminated due to the retirement or death of a work-related injury, the employee shall not enjoy the benefits provided for in the second paragraph of this article.

Summary. According to the relevant laws and regulations of China, if you are recognized as a work-related injury and have been recognized as a Grade 6 disability by the Work-related Injury Appraisal Committee, you may enjoy some of the following benefits after retirement:1

Workers' Compensation: You are entitled to Workers' Compensation Benefits, which are paid by Social Security**. The exact amount depends on factors such as your disability level, length of service, and salary level.

2.Reimbursement of medical expenses for work-related injuries: You can enjoy the benefits of reimbursement for medical expenses for work-related injuries.

This means that the medical expenses you incur during the work injury will be covered by social insurance or workers' compensation insurance. 3.Disability Allowance:

As a Level 6 disability, you may be eligible for disability benefits. The amount of the allowance is based on factors such as the level of disability and the level of your salary. 4.

Reimbursement of relief expenses: If you need to make or purchase assistive devices, a portion of the cost can be reimbursed by social insurance or work-related injury insurance. 5.

If it is recognized as a work-related injury and is recognized as level 6 by the work-related injury appraisal committee, what benefits can be enjoyed after retirement?

According to the relevant laws and regulations of China, if you are recognized as a work-related injury and have been recognized as a Grade 6 disability by the Work-related Injury Appraisal Committee, you may enjoy some of the following benefits after retirement:1Workers' Compensation Benefits:

You are entitled to work-related injury benefits paid by social insurance**. The exact amount depends on factors such as your disability level, length of service, and salary level. 2.

Reimbursement of medical expenses for work-related injuries: You can enjoy the benefits of reimbursement for medical expenses for work-related injuries. This means that the medical expenses you incur during the work-related injury will be covered by social insurance or workers' compensation insurance.

3.Disability Allowance: As a Level 6 disability, you may be eligible for Disability Allowance.

The amount of the payout depends on factors such as your disability level and salary level. 4.**Reimbursement of Salvage Expenses:

If you need to make or purchase an assistive device, part of the cost can be reimbursed by social insurance or work-related injury insurance. 5.Employment Priority:

According to the relevant policies, disabled persons with work and limb injuries enjoy certain employment priority after retirement.

Is this a national law?

Yes, dear.

Summary. According to Article 73 of the Labor Law, workers are entitled to social insurance benefits due to work-related disability or occupational diseases, and the social insurance premiums enjoyed by workers must be paid in full and on time. At the same time, according to Article 90 of the Public Security Administration Punishment Law, in order to ascertain the facts of the case, if it is necessary to resolve the disputed specialized issues in the case, a person with specialized knowledge shall be appointed or hired to conduct an appraisal; After the evaluator evaluates the evaluation, they shall write an evaluation opinion and sign it.

Therefore, if you are identified as a work-related injury disability after the appraisal of the sixth-level work-related injury appraisal unit, you shall enjoy social insurance benefits, including disability allowance, etc., in accordance with the law. It is illegal for your employer to refuse to give you the social insurance benefits you deserve. If your employer wants to terminate the employment contract as a result, it shall terminate the employment contract only after mutual agreement in accordance with Articles 36 and 24 of the Labor Contract Law.

In addition, according to Article 31 of the Labor Law, an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract. Therefore, if your employer does not give you the social insurance benefits you deserve, you can file a complaint with the relevant authorities or protect your legitimate rights and interests through legal channels.

Hello, this kind of contract is not legal.

According to Article 73 of the Labor Law, workers are entitled to social insurance benefits due to work-related disability or occupational diseases, and the social insurance premiums enjoyed by workers must be paid in full and on time. At the same time, according to Article 90 of the Public Security Administration Punishment Law, in order to ascertain the facts of the case, if it is necessary to resolve the disputed specialized issues in the case, a person with specialized knowledge shall be appointed or hired to conduct an appraisal; After the evaluator evaluates the evaluation, they shall write an evaluation opinion and sign it. Therefore, if you are identified as a work-related injury disability after the appraisal of the sixth-level work-related injury appraisal unit, you should be entitled to social insurance benefits in accordance with the law, including disability allowance.

It is illegal for your employer to refuse to give you the social insurance benefits you deserve. If your employer wants to terminate the employment contract as a result, it shall terminate the employment contract only after consultation between the two parties in accordance with Articles 36 and 24 of the Labor Contract Law. In addition, according to Article 31 of the Labor Law, an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

Therefore, if your employer does not give you the social insurance benefits you deserve, you can file a complaint with the relevant authorities or protect your legitimate rights and interests through legal channels.

Summary. Hello dear <>

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It is illegal for a sixth-level work-related injury appraisal unit to terminate a labor contract without giving disability allowance. The work-related injury appraisal conclusion confirms that the employee has been injured on the job and meets the conditions for disability allowance, but the sixth-level unit does not grant the disability allowance, then the sixth-level unit is legally unlawful. According to the Labor Law of the People's Republic of China and the Regulations of the People's Republic of China on Work-related Injury Insurance, Level 6 units must bear the liability for work-related injuries, including disability allowance, medical expenses and unemployment insurance.

If the sixth-level unit fails to perform its statutory duties, the employee may file a lawsuit with the labor arbitration institution or the court to protect his or her legitimate rights and interests.

Is it legal for a sixth-level work-related injury appraisal unit to terminate the labor contract without giving disability allowance?

Hello dear <>

We're happy to answer your <>

It is illegal for a sixth-level work-related injury appraisal unit to terminate a labor contract without giving disability allowance. The work-related injury appraisal concluded that the employee had been injured at work and met the conditions of disability allowance, but the sixth-level unit did not grant the high-level disability allowance, then the sixth-level unit was legally unlawful. According to the Labor Law of the People's Republic of China and the Regulations of the People's Republic of China on Work-related Injury Insurance, Level 6 units must bear the liability for work-related injuries, including disability allowance, medical expenses and unemployment insurance.

If the sixth-level unit fails to perform its statutory duties, the employee may file a lawsuit with the labor arbitration institution or the court to protect his or her legitimate rights and interests.

Legal basisAccording to Articles 49, 50 and 51 of the Labor Law of the People's Republic of China and Articles 17 and 19 of the Regulations of the People's Republic of China on Work-related Injury Insurance, the sixth-level units shall provide work-related injury insurance benefits for employees who have suffered work-related injuries in accordance with the law, including disability allowances, medical expenses, hospital meal subsidies, nursing expenses, transportation expenses and expenses for the disabled. If the sixth-level unit does not bear the liability for the compensation of work-related injury insurance and chain insurance benefits, it violates the provisions of relevant laws and regulations. In addition, according to Article 38 of the Labor Law of the People's Republic of China, an employer shall sign a labor contract with an employee in accordance with the law, and the labor contract shall comply with the provisions of laws, regulations, and rules.

According to Article 41 of the Labor Contract Law, an employer shall terminate a labor contract with a lawful reason and notify the employee in advance or pay economic compensation in accordance with the regulations. If the sixth-level employer does not have sufficient evidence to prove that the employee has seriously violated the labor contract, the termination of the labor contract is unlawful.