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No. The law stipulates that there is no financial compensation for leaving the company for personal reasons.
If the employee voluntarily resigns, there is no severance payment; If an employee is forced to resign on the grounds that the employer is in arrears and deducting wages without reason, he or she can be entitled to severance payment, and the employer shall pay the employee 7 months of severance (1 month's salary for every 1 year of service) after 7 years of service.
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.
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If you ask to leave then no, it depends on whether you still have the ability to complete the work, now the company has bought insurance for employees, employees are paid leave to see a doctor, and the company has no right to fire employees during illness, and it also depends on the company's system.
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Legal analysis: If it is an occupational disease, it can be counted as a work-related injury, and compensation will be given according to the level of work-related injury, and it is better than an occupational disease, and the company does not need to compensate. Whether death from illness at work can be recognized as a work-related injury.
Specific analysis is required. In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Death from sudden illness during working hours and at work, or death 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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.
Legal basis: Article 14 of the 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) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 30 Employees who suffer from accidents or occupational diseases due to their work shall enjoy medical treatment for work-related injuries.
Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged and shall be paid by the employer on a monthly basis during the period of suspension with pay. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If a person who is unable to take care of himself or herself is sued and the injured employee needs nursing care during the period of suspension with pay, the unit to which he belongs shall be responsible.
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If I have worked in a company for ten consecutive years, if I am sick and take long sick leave, do I need to pay compensation if the company dismisses me? If the company dismisses an employee on the grounds that the employee is sick and on sick leave, it is an illegal dismissal, and the employer shall pay compensation to the employee according to the salary rate of 2 months for each year of employment. If the employee does not have the circumstances provided for in Article 39 of the Labor Contract Law, and the employer terminates the contract illegally, the employee may claim compensation (twice the economic compensation), and the employee can apply to the local labor bureau for arbitration, and the employee may request the payment of compensation.
Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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 employee shall be paid half a month's wage, and the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
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. Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employing unit; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalidated due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
Hope the above is helpful to you.
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After working in the company for 10 years, if you are seriously ill and can no longer work, how much will the company compensate?
Thank you for your attention, if it is because of the occupational disease caused by the original first luck in the company, it can be compensated according to the qualitative nature of the occupational disease, otherwise the company does not have compensation. The company can negotiate with you to terminate the labor contract to compensate Sun Liang, and the compensation can be negotiated to compensate a certain amount of expenses in addition to the prescribed one-year income calculated according to Kaizhu's monthly income. You can also take sick leave for treatment, but the income during the sick leave period must be handled according to the company's regulations.
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Summary. If you have worked in the company for 13 years and cannot work due to illness, if the company dismisses you because you are sick, then you can get dismissal compensation; If you resign yourself, you will not be compensated.
I have been working in the company for 13 years, and I can't work due to illness.
If you have been working in the company for 13 years and cannot work due to illness, if the company dismisses you because you are sick, then you can get dismissal compensation; If you resign yourself, you will not be compensated.
The compensation standard for layoffs in a company needs to be determined based on the employee's years of service in the company. For each year of service with the company, the company is required to pay the worker one month's salary as compensation. The details are as follows:
1. If the working experience is more than six months but less than one year, it will be calculated as one year; 2. If the working years are less than six months, the economic compensation for the half-rock trace monthly work with jujube seepage shall be paid to the laborer.
Article 47 of the Labor Contract Law of the People's Republic of China stipulates that the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit. 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 monthly wage mentioned in this article refers to the average wage of an employee in the 12 months prior to the termination or termination of the labor contract.
Is the company trying to dissuade you?
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Summary. Do not resign on your own, even if you leave, the employer should take the initiative to terminate the contract and pay economic compensation.
If my sick company asks me to leave voluntarily, can I be compensated?
Hello, I have seen your question, the night is deep, reply during the day, thank you.
According to the Labor Contract Law, employees who voluntarily leave their jobs are not required to pay severance payments. If an employee is sick and the employer sends the employee within the statutory medical treatment period, the employer cannot terminate the labor contract. After the statutory medical treatment period, the employer may terminate the labor contract with the employee and pay economic compensation.
Do not resign on your own, even if you leave, the employer should take the initiative to terminate the contract and pay economic compensation.
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Summary. Hello dear, I am happy to answer for you If you are sick at work in the company, the company has no compensation. If it is an occupational disease, it can be counted as a work-related injury, and compensation will be given according to the level of work-related injury, and if it is not an occupational disease, the company does not need to compensate for it. <>
Hello dear, I am happy to answer for you If you are sick at work in the company, the company has no compensation. If the wear and tear is an occupational disease or, it can be counted as a work-related injury, and compensation will be given according to the level of work-related injury. <>
According to the regulations, employees who are injured in accidents or have occupational diseases due to spinal rot due to work are entitled to work-related injury medical treatment. Employees should seek medical treatment at a medical institution that has signed a service agreement. In an emergency, first aid can be given first.
**If the expenses required for the leakage work-related injury meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards, the work-related injury insurance** shall be paid by the work-related injury insurance**. <>
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Summary. Kiss <>
I'm glad to answer for you, the company has a legal basis for compensation if you get sick at work: Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) During working hours and in the workplace, he is injured in an accident due to work-related reasons.
Does the company compensate you if you get sick at work?
Kiss <>
I'm glad to answer for you, there is a legal basis for compensation if you are sick at work: Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has one of the following circumstances, he or she shall be determined to be injured at work: (1) During working hours and in the workplace, he is injured in an accident due to work.
Examination is a herniated lumbar disc.
Legal basis: Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; On the way to and from work, being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible; For other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries, medical compensation. If you are hospitalized, the company will subsidize 70% of the standard of food expenses for business trips; If you go to other places, the transportation and accommodation expenses will be reimbursed by the company according to the business trip; Disability compensation.
** After the injury is stable, the employee should submit the disability level appraisal to the labor and social security department in a timely manner. Then according to the level of the appraisal department, enjoy the corresponding treatment, employees due to work accident injuries or occupational diseases**, enjoy work-related injury medical treatment. Employees should seek medical treatment at a medical facility that has signed a service agreement** for work-related injuries.
In an emergency, first aid can be given first. **If the expenses required for work-related injuries meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug catalog, and the service standards of the work-related injury insurance housing and distribution hospitals, the work-related injury insurance** shall be paid.
You have an occupational disease.
It is said that it is possible to file a claim for compensation from the company.
He has been working in the company for six years.
I have also been tested before for a herniated disc in my lumbar area, but there are no symptoms.
I check it during work.
Symptoms only appeared this year.
Yes, my feet hurt when I go to work.
What time period did you first check it out.
Did you report back to the company at that time?
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1.If it is an occupational disease, it can be regarded as a work-related injury, and compensation will be given according to the level of work-related injury, if it is not an occupational disease, the company does not need to compensate.
2.Whether death from illness at work can be recognized as a work-related injury. Specific analysis is required.
In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; (2) Suffering harm in activities to preserve the national interest or the public interest, such as robbing and retiring people and providing disaster relief; (3) Employees who originally served in the army, were disabled due to war or duty-related injuries, and have obtained the certificate of revolutionary disabled soldiers.
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