At the expiration of the 11 year contract, if the work related injury is grade 9, the person who res

You may not be able to or equal the severance payment, but if you leave the company, you also need to leave the company through legal means, and if the employer violates the law, you can still get the severance payment.

1. There are three situations in which an individual proposes to resign:

1. If the employer has Article 38 of the Labor Contract Law, you can leave immediately after terminating the labor relationship in writing without the approval of the employer, and you can request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, if you submit a written resignation 30 days in advance, you can resign without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If you do not submit your resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, you directly submit a resignation letter and leave, at this time, you have violated the law, and the employer can require you to bear the direct economic losses caused to the employer and the expenses incurred in recruiting you.

2. You can mail the notice of termination of labor relationship to the employer by courier or letter (that is, the resignation letter and resignation report), so as to facilitate the preservation of evidence. If the employer does not pay you wages or does not go through the resignation procedures for you, you can apply for labor arbitration to resolve the issue.

Labor Contract Law!

In addition, you are also compensated for the work-related injury

The main compensation of work-related injury insurance benefits is: medical expenses

One-time disability allowance (monthly salary).

A one-time employment allowance (based on your province's work-related injury regulations, received upon termination of the employment relationship).

One-time medical subsidy (according to your province's work-related injury regulations, paid when the employment relationship is terminated),

Wages for the period of suspension of work with pay (determined according to the notice of the conclusion of the labor ability appraisal).

Food allowance, nursing care, transportation, etc.

In accordance with Article 1 of the Regulations on Work-related Injury Insurance.

Three. Ten. Five, third.

Ten. 6. Article 37 and the provisions of the regulations on work-related injury insurance in your province.

There is no problem with the treatment of work-related injuries.

Legal analysis: The work-related injury appraisal is level 9, and the unit will compensate when you leave the company after you leave the job, and you can enjoy a one-time medical subsidy and employment subsidy for work-related injuries.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

If the work-related injury is identified as level 9, the employer will also compensate you when you leave the job after you leave the job, and you will enjoy a one-time medical subsidy and employment subsidy for work-related injuries. According to the laws and regulations of the People's Republic of China, if an injured employee is identified as a Grade 9 disability, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time employment subsidy, and the specific standards shall be stipulated by the province, autonomous region or municipality directly under the Central Government. For specific standards, it is recommended to consult the local human resources and social security bureau or social insurance agency.

1. It is illegal to fire you, and the employer should pay you compensation and a one-time employment and medical subsidy. The compensation is twice the economic compensation, and the economic compensation Lu Xisong pays Lu Jian one month's salary for each full year of working hours. One-time employment and medical benefits are paid according to local standards, and social security can be consulted during working hours.

2. Other compensation for grade 9 work-related injuries, including: medical expenses, wages during the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance (9 months' salary), etc.

Regulations on Work-related Injury Insurance

Article 37.

Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is:

13 months' wages for Grade 7 disability, 11 months' wages for Grade 8 disability, 9 months' wages for Grade 9 disability, and 7 months' wages for Grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time subsidies for accompanying Zheng Ye with disabilities shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

If a person resigns after five years of work-related injury level 9, the employer shall pay a one-time employment compensation after resignation. A one-time employment compensation is a subsidy given by the employer in order to solve the employee's future work and life problems after the employee leaves the company after the employee reaches the disability.

Legal analysisAccording to the relevant laws and regulations, if an employee is injured on the job and the employer pays social insurance in full, the employee is entitled to work-related injury benefits. Work-related injury insurance** compensates for medical expenses, hospital meal allowances, nursing expenses, assistive devices, etc. Work-related injury insurance for disability caused by work-related injuries** pays a one-time disability allowance according to the level of disability, and the employee's salary refers to the average salary of the employee in the past year.

Medical expenses are determined on the basis of relevant evidence such as medical expenses and hospitalization receipts issued by medical institutions. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the work-related injury insurance** shall pay the corresponding living care expenses to the employee on a monthly basis. The standard of payment for the life care group fee shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be adjusted in a timely manner according to the changes in the average salary of employees and the cost of living.

If an employee is identified as having a Grade 9 disability, the labor contract is terminated upon expiration, or the employee submits his or her resignation, the employer is required to pay a medical subsidy and a disability employment subsidy.

Legal basisRegulations on Work-related Injury Insurance》 Article 37 If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance ** according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months of labor for grade 9 disability, and 7 months' salary for grade 10 disability; 2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy.

The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal Analysis: First of all, the fault of the employer is a prerequisite for the employee to receive economic compensation. Second, employees injured at work should correctly understand and apply the provisions of the Regulations on Work-related Injury Insurance.

Therefore, if the employer is at fault and the injured employee requests to terminate the labor contract, then he or she can receive severance at the same time as the work-related injury benefits, but not severance payments.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the administrative department of health stool, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees who are not injured at work and whose illnesses are not caused by work-related injuries shall not be entitled to work-related injury medical treatment and shall be handled in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.