What will I do after serving my sentence and I will be injured at work?

Since you have served a prison sentence. You should be terminated from the labor contract, then before the termination of the labor contract, if you have not paid enough social security for 15 years, you will not be able to enjoy the retirement salary, if you pay enough, you can ask the local social security center to check your personal social security status.

First of all, after you have served your sentence, then if you are injured at work, the retirement salary is based on the total balance of your personal account and the balance of the company in your social insurance according to the pension salary you paid, and then multiplied by an average salary, so there will be a suitable pension salary.

After serving the sentence, you pay the pension insurance again, and recalculate your length of service and the number of years you have paid the social pension insurance from the new calculation.

By the time you meet the conditions for retirement, your work-related injuries will naturally be certain.

However, it must meet the conditions for retirement work-related injury, and if it does not meet the conditions, the industry and commerce will not be able to enjoy any treatment.

All benefits, including pensions, are suspended while serving a sentence. After completing the sentence, they can continue to enjoy the retirement pay for work-related injuries.

You have been punished by law after serving your sentence, and the wages and benefits of your work-related injury retirement will be paid according to the regulations of the guild where you work.

I finished serving my sentence and my salary for retirement. Is it indefinite or indefinite while serving a sentence? If you are, sister inside or outside. If there is time outside, there can also be a salary and no more.

Does your alleged criminal offense have anything to do with work-related retirement?

Legal Analysis: Do Prisoners Still Have a Retirement Pay. Where enterprise retirees are sentenced to short-term detention, fixed-term imprisonment or higher punishments, the basic pension shall be suspended during the period of serving the sentence, and after the completion of the sentence, the basic pension may continue to be paid according to the standards before serving the sentence, and participate in the adjustment of the basic pension in the future.

If a retiree dies while serving his or her sentence, the principal and interest of the personal contributions in the amount saved in his personal account may be inherited, but the surviving family members shall not enjoy the corresponding benefits.

Where retirees are sentenced to controlled release, fixed-term imprisonment, suspended sentences, or serving their sentences outside of prison, they may continue to be paid a basic pension, but they will not participate in the adjustment of the basic pension.

Legal basis: Prison Law of the People's Republic of China

Article 21: Where convicts are not satisfied with an effective judgment, they may submit an appeal. The people's procuratorate or people's court shall promptly handle the convict's appeal.

Article 22: Prisons shall promptly handle accusations or report materials submitted by convicts or transfer them to the public security organs or people's procuratorates for handling, and the public security organs or people's procuratorates shall notify the prison of the outcome of the disposition.

Article 23: Prisons shall promptly transfer convicts' appeals, accusations, or reporting materials to the chain of divine talks, and must not withhold them. You Sun.

Article 24: Where, in the course of enforcing a criminal punishment, a prison finds that the judgment might be in error on the basis of the convict's appeal, it shall submit it to the people's procuratorate or people's court for handling, and the people's procuratorate or people's court shall notify the prison of the outcome of the disposition within 6 months of receiving the prison's written opinion.

If a retiree of an enterprise who has received pension insurance benefits is sentenced to criminal detention, fixed-term imprisonment or above, or is subject to re-education through labor, he or she shall not enjoy the basic pension insurance benefits during the period of serving the sentence or re-education through labor, and may continue to enjoy the basic pension insurance benefits after the expiration of the period. The basic pension shall be paid according to the standard determined before serving a prison sentence or re-education through labor, and shall participate in the adjustment of the basic pension in the future. During the period of probation, retirees can enjoy basic pension insurance benefits, but do not participate in the adjustment of basic pensions.

1. What is endowment insurance?

Endowment insurance, the full name of social basic endowment insurance, is a social insurance system established by the state and society in accordance with certain laws and regulations to solve the basic life of workers after reaching the working age limit for releasing labor obligations stipulated by the state, or after retiring from labor positions due to old age.

Endowment insurance is an important part of the social security system and one of the most important types of social insurance. The purpose of endowment insurance is to ensure the basic living needs of the elderly and provide them with a stable and reliable life**.

The establishment of an endowment insurance system is conducive to the replacement of the old and the new, and the rationalization of the employment structure; It is an important measure to cope with the aging of the population and is conducive to social stability. It can motivate young people to forge ahead, raise salary standards, and provide security for their retirement life, which is conducive to promoting economic development from the side.

2. How to calculate the sickness retirement salary.

Retirement pension will be deducted for each year of early retirement2; There is no deduction for normal retirement.

1. Sick retirement of enterprise employees: Employees who have completely lost their ability to work after being appraised by the Labor Ability Appraisal Committee, such as men who are 50 years old and women who are over 45 years old, and whose payment period is the same, can apply for sick retirement. If you retire due to illness, you can receive a monthly pension.

Retirement of enterprise employees: If the age reaches the requirements of sick retirement, but the payment period is less than 15 years or less than 10 years during the transition period, the retirement benefit will be paid in a lump sum, and the pension insurance relationship will be terminated.

2. Sick retirement of employees of government agencies and institutions: Employees who have completely lost their ability to work after being appraised by the Labor Ability Appraisal Committee, such as men who are at least 50 years old, women who are at least 45 years old, and who have worked for 10 years or more, can apply for sick retirement.

3. If the retired personnel of enterprises, government agencies and institutions receive retirement living allowance on a monthly basis, together with the retirees, the retirement living expenses shall be adjusted in accordance with the relevant provisions of the national document on adjusting the treatment of retirees, but the range will be smaller than that of retirees.

Upon completion of the sentence, retirement pay may be paid. According to the provisions of the "Notice on Issues Concerning the Handling of Compulsory Measures and Administrative and Criminal Punishment of Civil Servants": 1

Retirees are not entitled to a pension while serving a prison sentence. Dig 2Retirees may receive a pension upon completion of their sentence.

Legal basis: Article 2 (5) of the Notice on Issues Concerning the Handling of Compulsory Measures and Wages and Benefits of Civil Servants Subject to Administrative and Criminal Punishments: During the period when a civil servant is sentenced to controlled release, short-term detention or short-term detention and is given a suspended sentence, or a fixed-term prison sentence is suspended, the payment of retirement allowance shall be suspended and the living allowance shall be calculated and paid at 60% of the original basic retirement allowance. Where the original sentence is not to be served after the completion of the criminal punishment or at the completion of the probationary period of a suspended sentence, the basic retirement allowance is to be reduced by 40%, and the subsidy is to be determined by the clerk.

In the future, when the state adjusts the retirement fee, it will be implemented according to the standard of clerks. (6) Where civil servants are sentenced to fixed-term imprisonment or higher after retirement, the original retirement allowance shall be cancelled from the date on which the people's court's judgment takes effect. The living benefits after the completion of the criminal punishment shall be handled at the discretion of the unit that originally paid the retirement allowance.

Article 40 of the Regulations on Work-related Injury Insurance, implemented in 2004, stipulates that: "An injured employee shall cease to enjoy work-related injury insurance benefits under any of the following circumstances: (1) he or she loses the conditions for enjoying benefits; (2) Refusal to accept the appraisal of labor ability; (3) Refusal; (4) Those who have been sentenced and are currently serving their sentence in prison.

The object of work-related injury insurance is a worker who is injured at work, and the fact that he or she was injured at work should not be denied because he or she has violated the criminal law, and he should not be deprived of the benefits of continuing to enjoy work-related injury insurance. Based on this consideration, Article 42 of the revised Regulations on Work-related Injury Insurance implemented in 2011 stipulates that the cessation of enjoying work-related injury insurance benefits shall be one of the following circumstances: (1) the loss of the conditions for enjoying the benefits of the work-related injury insurance; (2) Refusal to accept the appraisal of labor ability; (3) Refusal;

The circumstance of "being sentenced to prison for execution" in item 4 of Article 40 of the original "Regulations" has been deleted, so that this amendment is conducive to the prevention of crime, the reform of criminals, and their early reintegration into society. In this case, if the construction company had already given Ji a one-time compensation for work-related injuries when the labor relationship with Ji was terminated, then Ji would no longer enjoy work-related injury benefits while serving his sentence. If there was no lump sum payment at that time, then Ji would continue to enjoy work-related injury benefits while serving his sentence, and the relevant expenses incurred in his hospitalization would be paid from work-related injury insurance** or paid by the construction company in accordance with the work-related injury insurance benefits and standards stipulated in the "Regulations".

Legal basis: Article 40 of the Regulations on Work-related Injury Insurance.