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If you can't go to work and are still in the medical treatment period, you can refuse to sign a labor contract, and you are enjoying work-related injury insurance benefits.
Strictly speaking, the maximum duration of your work insurance benefits is 2 years, after which you will enjoy hospital benefits, and other benefits will be based on disability benefits.
If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.
If the employer fails to do so, the employer shall pay the work-related injury benefits.
If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.
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It will not have an impact, I suggest you take a look at the "Regulations on Work-related Injury Insurance".
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I guess you want to look into double wages without a labor contract.
You start, now the search is already 2022 2022-2019 = 3
You are outdated, the world is envious, and your advocacy is not supported by Pai Chong.
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Legal Analysis: No, the employment contract can only be signed after the termination of the contract.
Legal basis: Social Insurance Law of the People's Republic of China
Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.
The determination of work-related injuries and the appraisal of labor ability shall be simple, convenient, and concise.
Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury
a grip of pants) intentional offense;
2) Drunkenness or drug abuse;
3) self-harm or suicide;
4) Other circumstances provided for by laws and administrative regulations.
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Legal Analysis: The clause between the employer and the employee that the employer and the employee are not liable for work-related injuries is actually not legally valid. Regardless of whether the parties voluntarily agree that "no work-related injuries will be liable" clause in the employment contract, Wang Zhan violates the Constitution and laws, and also seriously violates socialist morality, which is an invalid civil act and cannot be supported by the court.
Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China The following labor contracts are invalid or partially invalid: (Fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to the true intention; (2) The employer exempts itself from statutory liability and excludes the rights of workers; (3) Mandatory provisions imposed by laws and administrative regulations.
If there is a dispute over the invalidity or partial invalidity of the labor contract, the dispute arbitration institution or the people's court shall confirm it.
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The work-related injury wages and benefits signed by the employer and the employee are valid, and the work-related injury compensation agreement shall be signed by the family members in any of the following circumstances: (1) the injured employee himself is already in a state of incapacity for civil conduct or has limited civil capacity, and is unable to carry out the corresponding civil acts; (2) Entrusted by an injured worker; (3) It does not fall under the above.
In the first and second circumstances, after the family members have signed, the injured employee has received the agreement and has not raised an objection within a reasonable time, and both parties have performed in accordance with the agreement.
Is the labor contract signed between the employer and the employee valid for work-related injury wages?
If the employer signs a labor contract with the employee and the work-related injury wage and treatment is valid, and the work-related injury compensation agreement falls under any of the following circumstances, the family member shall sign the number of difficult words to take effect: (1) the injured employee is already in a state of incapacity for civil conduct or has limited civil capacity, and is unable to carry out the corresponding civil acts; (2) Entrusted by an injured worker; (3) It does not fall under the above.
In the first and second circumstances, after the family members have signed, the injured employee has received the agreement and has not raised an objection within a reasonable time, and both parties have performed in accordance with the agreement.
Legal basis: Article 63 of the Minyuan Town Code Citizens and legal persons may carry out civil juristic acts through ** persons. The person carries out a civil juristic act in the name of the person being within the scope of authority.
The person being subjected to the act of the person shall bear civil liability. Civil juristic acts that shall be carried out by the person in accordance with the provisions of law or in accordance with the agreement of the parties must not be **. Article 66: Acts that do not have ** rights, exceed ** rights, or ** rights are terminated, and only after the recognition of the person being ** can the person being ** bear civil liability.
For conduct that has not been recognized, the perpetrator bears civil liability. Where Hail Defend himself knows that others are carrying out civil acts in his own name and does not deny it, it is deemed to have consented. Where the person fails to perform his duties and causes harm to the person being subject, he shall bear civil liability.
If the person colludes with a third party to damage the interests of the person being subjected, the person and the third party shall be jointly and severally liable.
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Summary. Dear, I am glad to answer for you, is the work-related injury wage and treatment of the labor contract signed by the unit and the employee valid, and the work-related injury wage and treatment signed by the unit and the employee are valid.
Dear, I'm glad to answer for you, is the employer signing a labor contract with an employee for work-related injuries effective?
The determination of the validity of a contract should be judged from two aspects. First, whether the conditions for the validity of the leakage difference are met, and the conditions for the contract to take effect are: whether both parties have the capacity for civil conduct, whether the expression of intent is true, and whether the content of the contract violates laws and administrative regulations.
The second is whether the contract has the form of invalidity of the contract as stipulated in the Contract Law.
If the employee has signed a labor contract with the employer, established an employment relationship, or the employer has taken out work-related injury insurance for the employee, the employee can apply for work-related injury insurance benefits. According to the provisions of the Labor Law, after the implementation of the labor contract system, the distinction between regular workers and temporary workers has essentially disappeared, and now there is no distinction between regular and temporary workers, only the length of the contract is different. Ridge Destroyer.
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Summary. Hello, legal analysis: Is the employer and the employee signed a labor contract valid for work-related injury wages:
Effective, the national work-related injury insurance laws and policies specifically stipulate the standards of treatment items, in order to effectively protect the rights and interests of workers. Therefore, although the two parties privately signed and agreed to the agreement, they did not know the work-related injury benefits they were entitled to without the work-related injury determination and labor ability appraisal, and the work-related injury benefits obtained under this agreement were far from the work-related injury benefits due to them in accordance with the law, which was obviously unfair.
Hello, legal analysis: Is the labor contract signed between the unit and the employee effective for work-related injury wages: effective payment, the national work-related injury insurance laws and policies specifically stipulate the standards of treatment items, in order to effectively protect the rights and interests of workers.
Therefore, although the two parties privately signed and agreed to the agreement, they did not know the work-related injury benefits they were entitled to without the determination of work-related injuries and the appraisal of their working ability.
Legal basis: Article 10 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases by Wax Liquid Silver may be revoked. In the following three cases, the workers' compensation round banquet settlement agreement is invalid:
1. An agreement is made on whether to determine the level of work-related injury and labor ability without the identification of work-related injury and labor ability; There is obvious unfairness, major misunderstanding, 2) or even signing under the circumstances of fraud, coercion, or taking advantage of the danger of the employer, which violates the true intention of the employee; 3. Violating the management system of work-related accidents in the regulations on work-related injury insurance, and covering up the illegal purpose of burying in a legal form.
After the expiration of the period of suspension of work and salary, the employee should go to work normally and receive wages normally. The unit can notify the employee in accordance with the process through written text messages** and other means, and it is time to go to work normally. >>>More
It is expressly stipulated in the law that the contract cannot be terminated during the medical treatment. If the dismissal on the grounds that the unit fails the assessment is a deliberate circumvention of the law and a serious violation of the law, there is also a sentence after the unqualified training, requiring the unit to arrange another job. Compensation is based on the premise of termination of the contract, and it is related to the length of service years, so it is difficult to compare which compensation is more.
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It depends on whether the employer terminates the labor contract. >>>More
Void. Labor Contract Law of the People's Republic of China Article 42 [Circumstances under which an employer may not terminate a labor contract] If an employee falls 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: >>>More