My dad went to repair the car, he died on the spot, he was squeezed to death, and now he is fully re

Updated on society 2024-05-22
17 answers
  1. Anonymous users2024-02-11

    Your father is injured at work and can claim compensation for work-related death. Specific compensation items are subject to the following legal provisions:

    Regulations on Work-related Injury Insurance

    Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:

    1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

    2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

    The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

    3) The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year (21,810 yuan per capita disposable income of urban residents in 2011).

    Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

    Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

    Article 40: Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the social insurance administrative department of the coordinating region in a timely manner on the basis of changes in the average wages and cost of living of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.

  2. Anonymous users2024-02-10

    The Labor Contract Law clearly stipulates that in the event of the death of an immediate family member, the bereavement leave shall be three days for the immediate family including parents, children, and spouse.

    This only refers to the person, and there is no bereavement leave for the death of your spouse's parents, which means that if your husband's father dies, your husband can enjoy at least three days of bereavement leave, but you do not.

  3. Anonymous users2024-02-09

    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:

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

    Chapter V: Special Provisions.

    Article 52: An enterprise's employees and the employer may conclude special collective contracts such as for labor safety and health, protection of the rights and interests of female employees, and wage adjustment mechanisms.

    The Labor Contract Law is based on the overall situation of the employee, so there are few provisions related to the protection of female employees, but the state has issued a series of protection regulations for female workers, such as the Provisions on the Labor Protection of Female Employees, the Provisions on the Scope of Prohibited Work for Female Employees, etc., and the labor law also involves the protection of the rights and interests of female workers. Female workers are a special group of workers, and the special protection granted to female employees in law is determined by the physical condition of female employees and the special nature of the tasks they undertake. The special labor protection for female workers is conducive to social stability and the continuation of the nation's excellent physique, thereby ensuring the continuous reproduction of labor force and enriching the labor force of society.

  4. Anonymous users2024-02-08

    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: the female employee is pregnant, giving birth, or breastfeeding.

    The above points are mainly formulated based on the special physiological characteristics of female employees, which is conducive to protecting the special interests of women and maintaining social harmony and stability. The law focuses on protecting the interests of vulnerable groups, and the special protection of female employees in the labor contract law reflects humanistic care and contributes to social harmony.

  5. Anonymous users2024-02-07

    The labor law does not have special provisions in this regard, and now I don't know what rights you want to fight for, the worker has passed away, if you want funeral expenses, it depends on when he passed away, it doesn't work after a long time, it doesn't matter if the unit is sold, according to the relevant provisions of China's labor law and relevant laws, regulations and rules, when the employer undergoes restructuring, restructuring or asset restructuring, the labor contract can be continued to be performed by the employer after the restructuring, restructuring and asset reorganization. If the labor contract continues to be performed, the employer must also perform the relevant benefits of the employee. I think the main thing for you now is to know what rights you want to fight for, so that people can help you, and if you don't know, you can write down the details.

    Let everyone see, maybe it will help you.

  6. Anonymous users2024-02-06

    There is no such provision in the Employment Contract Law. The minimum subsistence guarantee is within the scope of ** protection and cannot be inherited after death. The unit has been sold and the subject does not exist, and the corresponding benefits cannot be obtained.

  7. Anonymous users2024-02-05

    Personally, I feel that you can find a lawyer and ask carefully, of course, the lawyer will charge some fees ranging from 50-100.

  8. Anonymous users2024-02-04

    The three were divided equally.

    This has nothing to do with labor law.

  9. Anonymous users2024-02-03

    Don't worry, you'd better look at the inheritance law in this case, there are all on the Internet to protect your rights and interests, logically speaking, if your grandfather is an only son, his inheritance of your father's estate is yours.

    It doesn't matter if your mother doesn't remarry, it's still up to you in the end.

    The rest is something else.

  10. Anonymous users2024-02-02

    1.The three of you score equally. 2.The legal basis is the Inheritance Law of the People's Republic of China, not the Labor Law.

  11. Anonymous users2024-02-01

    -.My relatives have been killed, and I am still happy, then you should run for your life, good luck, Is it interesting How old is your sister, at least she will not be executed if she is not yet eighteen years old, she should be detained. Law.

  12. Anonymous users2024-01-31

    More than 48 hours is not considered a work-related injury. If it is within 48 hours, even if it is a work-related injury, you will have to pay a lot, now you negotiate with your father's unit, and you can take as much as you can, and the unit will generally give some out of humanity.

  13. Anonymous users2024-01-30

    First of all, the term "buying out seniority" is just a practice of terminating a labor contract after paying a certain amount of compensation, and the real length of service is constantly bought. This is mainly a method when state-owned enterprises are restructured. There are very few such references now.

    Your dad was bought out and is no longer subject to labor law adjustments.

    The newly promulgated Labor Contract Law has made a great breakthrough in the 94-year-old Labor Law. One is to strengthen the indefinite term contract in response to the short-term phenomenon of labor contracts, and promote the development of contracts to long-term; Second, in the past, there was no need to pay compensation for the normal expiration and termination of labor contracts in Beijing, but the new law stipulates that compensation is also required for normal expiration and termination; Moreover, liquidated damages are limited to two situations, which is undoubtedly conducive to the mobility of workers; Third, the autonomy of enterprise rules and regulations has been expanded, and higher requirements have been put forward for its standardized management. There are other breakthroughs and major changes.

    If your father has already "bought out the seniority", it is equivalent to terminating the labor contract with the original employer. Naturally, there is no labor relationship with the original unit. It is not subject to the adjustment of the Labor Contract Law.

  14. Anonymous users2024-01-29

    Article 14 of the new Labor Law stipulates that an employer and an employee may enter into an indefinite-term labor contract if they reach a consensus through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew a labor contract, an indefinite labor contract shall be concluded:

    1) The worker has worked for the employer for 10 consecutive years; (2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age; (3) The employer must renew the labor contract with the employee on the premise that there is no serious dereliction of duty or malpractice in the employee's employment.

  15. Anonymous users2024-01-28

    1. Buying out the length of service is a kind of saying that the enterprise deceives the employees, in fact, it is "the agreement is terminated", and the "agreement termination" is the termination according to the conditions agreed in the agreement, which is calculated according to the 335 yuan year you said.

    2. If the conditions of the agreement are not high, the company can only terminate the labor relationship with your father in breach of contract, and bear the responsibility of compensation for breach of contract and pay your father compensation.

    Calculation of compensation: one month's compensation for each full year of service in the enterprise, and the remaining less than one year will be calculated as one year. The monthly compensation is the average income (including bonuses, allowances, commissions, etc.) of the employee in the 12 months before the employee is discharged, and if it is lower than the average income of the enterprise, it will be calculated according to the average income of the enterprise.

    Therefore, you must pay your father a minimum of 27 months' salary.

    Yuan is lower than the local minimum wage, which is unacceptable.

  16. Anonymous users2024-01-27

    Sudden illness, rescue within 48 hours ineffective, is a work-related death. It is possible to compensate according to the work-related death, and in addition to the funeral expenses, the death allowance must also be compensated.

  17. Anonymous users2024-01-26

    Article 15 of the Regulations on Work-related Injury Insurance stipulates that:

    1) Death from a sudden illness during working hours and at work, or death within 48 hours of convulsion and ineffectiveness;

    Work-related death] The Regulations on Work-related Injury Insurance stipulate that the relatives of injured employees enjoy the following benefits:

    1) Pay a funeral subsidy for 6 months of the average salary of local employees from work-related injury insurance**;

    2) Monthly pension for dependent relatives from work-related injury insurance**: 40 of the salary of the spouse, 30 of the salary of other relatives, and 10 of the elderly or orphans according to the above standards;

    3) A one-time work-related death allowance of 48 to 60 months from the average wage of local employees from work-related injury insurance**.

    My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

    The pension for dependent relatives shall be adjusted annually by the provinces, autonomous regions and municipalities directly under the Central Government.

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