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First of all, it can be determined that your friend was injured due to work while he was away for work, and it is a work-related injury. The employer shall submit a work-related injury determination to the local labor and social security department within 30 days.
The Regulations on Work-related Injury Insurance stipulate that if an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** according to the following provisions:
1) The funeral subsidy is 6 months of the average salary 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 due to work-related injuries and were unable to work according to a certain proportion of the employee's own salary. 40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly 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 supporting relatives shall be prescribed by the administrative department of labor and social security.
3) The standard of one-time death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year.
Your friend has not signed a labor contract with the employer, but the de facto labor relationship exists, and he enjoys the treatment stipulated above. However, if the employer does not pay the work-related injury insurance, the above expenses shall be borne by the employer.
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Death due to work-related causes is a work-related injury. The employer should be required to compensate in accordance with the relevant provisions of the work-related injury insurance. 90,000 yuan is definitely low. It can be resolved through negotiation. Also, it's best to consult with a local lawyer in person.
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In labor arbitration, the amount of compensation involves many factors.
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The Regulations on Work-related Injury Insurance stipulate that regardless of whether a labor contract has been signed or not, as long as there is a de facto labor relationship, the employee can apply for work-related injury determination, and if the employer does not apply, the individual employee or his family can apply.
Paragraph 3 of Article 39 of the Regulations stipulates that the standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year, and the pension can reach about 500,000 yuan. And the "Regulations" stipulate that as long as it is recognized as a work-related injury, regardless of whether the unit participates or not, the work-related injury insurance will be compensated first.
It is advisable to take a good look at the Regulations and to hire a lawyer.
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Hello, for non-work-related deaths, the unit will only make humanitarian compensation, and there is no obligation to compensate.
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1. Provisions for the treatment of workers and employees and their dependent immediate family members in the event of death
A. When a worker or employee dies on the job, the administrative side of the enterprise or the management shall pay the funeral expenses, the amount of which shall be the average salary of all workers and employees of the enterprise for three months; In addition, under the labor insurance**, according to the number of immediate family members supported by the deceased, the amount of which is 25% to 50% of the deceased's own salary, is paid monthly until the dependent loses the conditions for support. The detailed measures are set out in the implementation rules.
B. When a worker or employee dies due to illness or non-work-related injury, the funeral subsidy shall be paid under the labor insurance**, the amount of which is two months' average salary of all workers and employees of the enterprise; In addition, under the labor insurance**, according to the number of the immediate family members supported by the deceased, the amount of the relief fee paid to the immediate relatives is six months to twelve months' salary. The detailed measures are set out in the implementation rules.
C. In the event of the death of a worker or employee who is disabled or completely out of labor due to work-related injuries and dies after retirement, he or she shall pay funeral expenses and bereavement allowances for supporting his immediate family members in accordance with the provisions of paragraph A of this Article. In the event of death after retirement or death after complete loss of labor force not due to work-related disability, funeral subsidies and relief expenses for supporting immediate family members shall be paid in accordance with the provisions of paragraph B of this article.
D. In the event of the death of the immediate family members supported by the workers and employees, the funeral subsidy for the dependent immediate family members shall be paid under the labor insurance**: if the deceased is over 10 years old, the amount shall be one-half of the average salary of all workers and employees of the enterprise for one month; 1 to 10 years old, one-third of the average salary for one month; Those under the age of one are not given.
2. Article 14 of the Regulations of the People's Republic of China on Labor Insurance.
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1. If you resign, there must be a better choice, and you have given up your original unit in the workplace. This is the direction, and it has been clarified.
2. But people have feelings, so "they are still good friends when they leave". According to this principle, hand over the work well, have a meal with everyone, complete the resignation procedures, do not need to mention any requirements, keep in touch in the future, and cry when you should cry. Once the emotions are expressed, it's fine.
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If you can't bear it, why should you go?
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Compensation can be made on the basis of a work-related injury.
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Unfortunately, the situation you mentioned does not meet the circumstances of a work-related injury, and the employer does not have to provide work-related injury benefits.
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Head on the ground, the odds are dead...
Professional action actors, with the help of the building outside the building, life is still guaranteed If you first smash the drying rack on the 4th floor, then bounce to the rain on the 2nd floor, and then fall to the ground, hehehehehe...
If it's Simmons below, it should be better.,If it's the person below who catches the person who jumps down with his bare hands.,The two people are hanging.。。
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Look at your own will, you choose not to die and half-cripple, it is a head-up posture; You choose to die directly, you choose a head-down position, you see!
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Not dead, crippled or vegetative. 80% died.
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The head will die if the head is down, and the foot will not die if the foot is broken down, cherish life.
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It's up to your luck. But if you don't die, you won't live long.
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You don't have to sue, you have to sue. Driving without a license is a heavy criminal liability, and you had better pay more attention to how the police deal with it, and you should be prosecuted.
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1. Whether or not to go to jail is a matter for the public security organs. The other driver bears the main responsibility before he bears the criminal liability.
2. The other party's car owner, driver, and insurance company are all jointly and severally liable for compensation and should be jointly listed as defendants.
3. If you are fully responsible, the other party will compensate in the compulsory traffic insurance, but the maximum is only 11,200 yuan.
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You'll have to consult a professional legal professional for this!
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Compensation amount for funeral expenses = per capita annual income in the previous year 12 months 6 months.
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Compensation by social insurance, the unit is only a moral symbolic subsidy.
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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.
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Calculate. This kind of thing should be discussed with the unit, and there are no regulations to refer to. >>>More
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