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If it constitutes a work-related injury, you can apply for a work-related injury determination and claim work-related injury compensation after the work-related injury is determined, the following is the work-related injury determination process:
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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Yes, just go to the Labor Bureau.
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If the negotiation fails, the two parties may report a complaint to the local labor and social security supervision agency, apply to the labor dispute arbitration commission for arbitration, or file a lawsuit in the people's court. Resignation due to illness is not subject to liquidated damages.
If the negotiation fails, the two parties may negotiate with each other, and if the negotiation fails, they may report and complain to the local labor and social security supervision agency, apply to the labor dispute arbitration commission for arbitration, or file a lawsuit with the people's court. Resignation due to illness is not subject to liquidated damages.
1. What should I do if I resign due to illness and do not pay my salary
The solution to the resignation due to illness and not paying the salary is as follows:
1.Negotiate with the boss.
2.Complain and report to the local labor and social security inspection agency;
3.To apply for arbitration to the local labor dispute arbitration commission, it should be noted that a written application must be submitted to the labor dispute arbitration commission within one year from the date of occurrence of the labor dispute;
4.Resolve through litigation.
Reminder: Labor Dispute Mediation and Arbitration Law Article 9 If an employer violates state regulations by defaulting on or failing to pay the full amount of labor remuneration, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle Article 17 of the "Regulations on the Supervision of Labor Security" Article 17 of the "Labor Security Supervision Regulations" The investigation of the violation of labor security laws, regulations or rules by the labor security administrative department shall be completed within 60 working days from the date of filing the case; If the situation is complicated, it may be extended by 30 working days with the approval of the person in charge of the administrative department for labor and social security.
2. Do I need to compensate for liquidated damages if I resign due to illness?
Resignation due to illness does not need to compensate for liquidated damages, resignation due to illness also needs to submit a resignation application to the unit 30 days in advance, otherwise bear the compensation for liquidated damages, and can no longer go to work due to work-related illness, do not need to submit a resignation application 30 days in advance, you can resign directly and can request compensation from the company.
3. Can employees leave immediately if they resign due to illness?
If an employee is unable to work after illness, he or she may leave the company normally in accordance with the Labor Law and the company's regulations. Employees can also take long sick leave when they are sick. During the period of illness, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant regulations during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
Employees who take long sick leave may continue to perform the labor contract if they are able to engage in their original work after the expiration of the medical treatment period; After the expiration of the medical treatment period, they are still unable to engage in their original work or work arranged by the unit; The labor appraisal committee shall conduct the labor ability appraisal with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases.
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If the boss does not pay the salary, the worker can call the police, but in most cases it is useless to call the police.
1. It is useless to call the police, the easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer in accordance with the "Labor and Social Security Supervision Regulations" in accordance with the law, and order it to pay the arrears of wages.
2. In accordance with the provisions of Article 30 of the Labor Contract Law, if the employer is in arrears or fails to pay the labor remuneration of the group in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
3. The most effective is to apply for labor arbitration directly to the local labor administrative department (no fees, no lawyer), and claim compensation from the unit through the award issued by labor arbitration.
4. While claiming wages in the above ways, you can also require the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.
2. What to do if wages are not paid.
1. Communicate and negotiate to solve.
Whether it is on the job or resigning, whether it is unreasonable arrears of wages or no wages, you should first communicate and negotiate with the main person in charge of the company through normal channels, and then choose a reasonable way to deal with it, leaving room for the company and individuals.
2. If the negotiation fails, take up the law to protect legitimate rights and interests.
Through negotiation with the main person in charge of the company, communication and negotiation fail, there is no other way but to take up the law to protect their legitimate rights and interests. However, you need to collect or keep some evidence that can prove that you have an employment relationship with the employer, such as a work card, salary card, attendance records, etc., or the insurance paid by the employer is the best evidence.
Based on practical experience, we can conclude that when the boss does not pay wages, the worker can call the police, but in most cases it is useless to call the police, and it is better to complain to the labor bureau where the employer is located. If you really can't, you can apply for labor arbitration and defend your legitimate rights and interests through legal means.
Legal basis: Article 50 of the Labor Law.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 91 of the Labor Law.
If an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages and remuneration for extended working hours;
3) Paying wages to workers lower than the local minimum wage standard;
4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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It is okay for the boss not to pay wages to the police, but it is generally useless to call the police, and complaints should be made to the local labor law enforcement inspection brigade; In accordance with the "Labor and Social Security Supervision Regulations," they will supervise and inspect the employer in accordance with the law and order it to pay the arrears of wages.
Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed. Article 91 of the Labor Law stipulates that if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration, economic compensation, and may also order the payment of compensation:
1) Withholding or defaulting on the wages of workers without reason; 2) Refusal to pay wages and remuneration for extended working hours; 3) Paying wages to workers lower than the local minimum wage standard; 4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.
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Summary. Hello dear, happy to answer your <>
If the boss has no money to pay the salary, he can do this: the employee can negotiate with the employer to settle the matter first; If the negotiation fails, it shall be dealt with with by the local labor inspection brigade in a timely manner; If the problem still cannot be solved, it shall apply to the local labor arbitration institution for arbitration. If the problem cannot be resolved after labor arbitration, the employee or a lawyer shall file a labor lawsuit to protect their rights.
According to the relevant provisions of Chinese law, during the period of leave of the employee, the employer must pay the employee the corresponding proportion of the employee's leave salary, otherwise the employee shall pay the corresponding compensation. Therefore, when we take BING leave and encounter a similar situation again, we must improve our legal awareness and know how to protect our legitimate rights and interests.
What should I do if my boss is sick and has no money to pay my salary.
Hello dear, happy to answer your <>
If the boss has no money to pay the salary, he can do this: the employee can negotiate with the employer to settle the matter first; If the negotiation fails, it shall be dealt with with by the local labor inspection brigade in a timely manner; If the problem still cannot be solved, it shall apply to the local labor arbitration institution for arbitration. If the problem cannot be resolved after labor arbitration, the employee or a lawyer shall file a labor demolition lawsuit to protect their rights.
According to the relevant provisions of Chinese law, during the period of leave of interest, the employer must pay the employee the corresponding proportion of the employee's leave salary, otherwise the employee shall pay the corresponding compensation for the bored worker. Therefore, when we take BING leave and encounter a similar situation again, we must improve our legal awareness and know how to protect our legitimate rights and interests.
Article 47 of the Labor Law stipulates that an employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with the law. During the period of the Ministry of Labor on the issuance of the "Opinions on the Implementation of the Labor Law of the People's Republic of China on Several Rough Problems", the enterprise shall pay the employee his or her false wages or sick relief expenses in accordance with the relevant regulations during the prescribed medical treatment period, and the sick wages or sick relief expenses can be paid lower than the local low wage standard, but not less than 80% of the low wage standard.
The restaurant owner has no fixed assets and has more than 100,000 yuan in wages.
You can go to court and sue him.
Is it true that the other party has no money?
I really don't have any money, and I'm worried to death.
Have you checked the other party's bank account?
If you really don't have any money, you can sue him.
If he sues, the court will seize the car and house in his name for auction.
Don't worry about kissing you.
This matter is very easy to solve.
No, I don't know how to check, I owe 120,000, three employees 180,000, from last year to now.
If you want to check this, you need the public security bureau or the court to check it.
After you file a lawsuit, the court will look into him.
The key is that he now has esophageal cancer, and he has no money for surgery, but we can't pay our salary.
You can ask the other party to sign an agreement.
What protocols. It's an agreement on when the wages will be settled.
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1. Is it okay not to pay wages during sick leave?
1. It is not permissible for an employer not to pay wages to an employee during sick leave. The employer can pay 80% lower than the local minimum wage standard and higher than the minimum wage standard. The amount of Gu Biyin detox can be determined according to the labor contract or the rules and regulations of the unit, and it is not possible to not pay it.
2. Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees Before Regretting the Medical Treatment Period, the medical treatment period of three months shall be calculated according to the cumulative sick leave time within six months; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
Second, what should I do if the company does not take sick leave with the first capital?
If the company does not pay sick leave, the employee can bring the certificate to the local social security labor inspection brigade to report, or directly apply for labor arbitration. If the employer accepts the employee's medical records and medication list, the employee may apply to the labor department for arbitration or mediation with a photocopy. After the labor department files a case, it can collect evidence from the employer.
3. How long can I take sick leave?
Sick leave can be taken for up to 24 months.
Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees stipulates that when an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit
1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years;
Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience;
9 months for those between five and ten years; 12 months for between 10 and 15 years;
18 months for between 15 and 20 years; 24 months for more than 20 years.
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