Whether the company can be compensated and under what circumstances the company can be required to p

Updated on society 2024-07-09
12 answers
  1. Anonymous users2024-02-12

    It shows that the company still trusts you.

    1. Take a look at the terms of the contract you signed with the company regarding job adjustment and termination.

    2. In my personal opinion, the company might as well negotiate directly with you to terminate the labor contract, and re-recruit the co-employed personnel when the economic situation improves, in terms of cost, the company only needs to pay you a monthly salary equivalent to the number of years of service, which is better than continuing to pay the suspension of pay you said, unless the company is not ready to continue to pay the cost according to this plan, or the company expects that the company's economic situation will soon improve in a short time.

    3. You can negotiate with the company to terminate the labor contract, and the standard of compensation is one month's salary for one year, and half a month's salary for less than 6 months, and the monthly salary is calculated according to your monthly average of the previous year.

  2. Anonymous users2024-02-11

    Labor Contract Law: Article 41 In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department:

    1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

    2) Serious difficulties occur in production and operation;

    3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

    4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

    When reducing personnel, priority shall be given to retaining the following personnel:

    1) Entering into a fixed-term labor contract with the unit for a longer period of time;

    2) Entering into an indefinite labor contract with the unit;

    3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.

    Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

    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:

    1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

    2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

    3) Illness or non-work-related injury, within the prescribed medical treatment period;

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

    5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

    If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

    The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

    6) Other circumstances provided for by laws and administrative regulations.

    You can take a closer look and you should be able to figure it out.

  3. Anonymous users2024-02-10

    The lawyer hereby informs the injured employees that if they are injured on the job and are recognized as work-related injuries, the injured employees can obtain the following compensation according to whether the employer has paid work-related injury insurance:

    1. If the employer has paid work-related injury insurance for the injured employee in accordance with the law, the employer shall pay the salary of the injured employee during the period of suspension of work, the monthly disability allowance for the disabled employee who is disabled in the fifth or sixth grade, and the one-time disability employment subsidy when the employee leaves the company.

    2. If the employer fails to pay the work-related injury insurance premiums for the injured employee in accordance with the law, the employer shall also bear all the compensation items that should be paid to the injured employee by the work-related injury insurance, namely, the work-related injury medical expenses and expenses, the hospital meal subsidy, the transportation and accommodation expenses for medical treatment outside the overall area, the hospital meal subsidy, the disability assistance equipment, the living care expenses, the one-time disability allowance or disability allowance and the one-time medical subsidy. Finally, it should be noted that even if the employer has paid the work-related injury insurance premiums for the employee, but the employer fails to report the work-related injury determination to the employee within one month from the date of the work-related accident, the employer shall still bear the relevant expenses such as work-related injury benefits that comply with the work-related injury insurance regulations during this period. Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area.

    In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

  4. Anonymous users2024-02-09

    Legal analysis: There are four situations under which double wage compensation can be claimed: 1. The labor contract has not been signed within one month of the establishment of the labor relationship; 2.

    The labor contract will continue to be employed after expiration, and the labor contract will not be renewed; 3.If the conditions for signing an indefinite-term labor contract are met, the employer refuses to sign the indefinite-term labor contract if the employee proposes to sign it; 4.The unit has not signed a formal labor contract after the intern has obtained the graduation certificate.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

    Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

  5. Anonymous users2024-02-08

    (1) stipulates that if an employee dies of a sudden illness during working hours or at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury, and if an employee is away on business and has a sudden illness, although it can be recognized as a sudden illness at work, it is not a sudden illness or death within 48 hours of ineffective rescue, and it cannot be regarded as a work-related injury. Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

    1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest;

    3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees have the preceding paragraph.

    3) In the case of any of the circumstances, they shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

  6. Anonymous users2024-02-07

    If you are not satisfied with the work-related injury determination, you may file an administrative lawsuit.

    Work-related injuries are covered by workers' compensation insurance**.

    If you are not injured at work and overworked, you will be responsible for it if you have nothing to do with the company, and the basic pension insurance ** has a funeral expense pension.

    If you think it is related to the company, you can negotiate with the company, and if the negotiation fails, the court will file a lawsuit, and you need to have evidence to prove it.

  7. Anonymous users2024-02-06

    Article 37 of the Regulations on Work-related Injury Insurance:

    If an employee dies on the job, his immediate family members shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from 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 labor and social security administrative department;

    3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

    If it is found to be a work-related injury, it shall also receive a pension for dependent family members. You can also check with your local labor and social security department about the local work-related injury insurance regulations.

  8. Anonymous users2024-02-05

    Hello, 1. You can ask the employer to pay double wages (11 months' salary) because you do not sign the labor contract in time according to the law.

    2. If the employer terminates the labor relationship with you, it shall pay economic compensation (2 months' salary), and if the labor contract is terminated illegally, you can request to pay compensation, and the standard is 2 times of the economic compensation.

  9. Anonymous users2024-02-04

    There are a few questions to be aware of:

    1. Oral admission is invalid. Must have a written offer letter, or an email offer letter. The content must be indicated: indicate the position, position, department, admission requirements, documents requested, how many times to reply and other information.

    2. On the basis of the admission letter, you will reply: the way can be **, SMS, reply email or reply.

    If there is no written or any record of notice, then you will certainly not be able to compensate.

    3. The subject matter of the compensation is not clear, for example, what losses have you suffered in 1 month? This is the proof you need to prove, otherwise it will be invalid.

    4. Usually on the premise that the official admission letter and you have replied, it needs to be resolved through negotiation. Unless you can present compensation data.

  10. Anonymous users2024-02-03

    The company has never officially hired you and does not need to compensate you. Remember: the offer is based on the contract, and everything else is unsubstantiated.

  11. Anonymous users2024-02-02

    It is only that you are notified, and if the notice does not have much legal effect, it must be that you have signed a labor contract, and the other party may compensate you for breach of contract.

  12. Anonymous users2024-02-01

    If the employer deliberately delays the conclusion of the labor contract, that is, deliberately fails to conclude the labor contract in accordance with the regulations after recruitment, causing damage to the employee, it shall compensate the employee for the loss.

    1) If the loss of the worker's wage income is caused, the worker's salary shall be paid according to the worker's own salary income, and the compensation for the wage income due to the worker shall be added;

    2) If the loss of labor protection benefits is caused, the labor protection allowance and supplies of the worker shall be supplemented in accordance with the provisions of the state;

    3) In the event of a loss of work-related injury or medical treatment to a worker, in addition to providing work-related injury and medical treatment to the worker in accordance with the provisions of the state, the worker shall also be compensated for the equivalent of medical expenses;

    4) If the physical health of female employees and juvenile workers is harmed, in addition to the medical treatment provided during the first period in accordance with the provisions of the state, compensation equivalent to their medical expenses shall also be paid;

    5) Other compensation expenses as agreed in the labor contract.

    If the employer does not pay social insurance, the labor administrative department shall compulsorily collect it.

    If the employer does not go through the formalities for the establishment of the housing provident fund account for its employees, the housing provident fund management center shall order it to handle it within a time limit.

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