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What is your specific level of disability, please read the "Work-related Injury Insurance Benefits" section of Chapter 5 of the "Regulations on Work-related Injury Insurance".
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If you are classified as a labor disability and terminated your employment relationship, you will receive a lump sum disability medical subsidy and a lump sum disability employment subsidy. If there is no classification, the law does not provide for this, and the company only compensates for lost work, and whether there is other compensation depends on the company's regulations.
Regulations on Work-related Injury Insurance.
Article 36 Where an employee is assessed as having a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability; (2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, and the standard is as follows:
70% of the salary for the fifth-grade disability and 60% of the salary for the sixth-grade disability, and the employer shall pay all social insurance premiums for the employee in accordance with the regulations. If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference. Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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. Article 37 Where an employee is identified as having a disability of grade 7 to grade 10 due to work-related disability, he or she shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard shall be:
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 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 employment subsidy for disability. 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.
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Article 31 of the Labor Law stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of a labor contract." "The Reply of the General Office of the Ministry of Labor on Issues Concerning the Termination of Labor Contracts by Workers stipulates:
The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract.
The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer. After 30 days, if the employee submits the formalities of terminating the labor contract to the employer, the employer shall handle the formalities. ”
If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
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 the determination of the labor ability appraisal committee at the level of a city divided into districts, 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 an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible. If the employer refuses to pay, the employee may apply to the Labor Dispute Arbitration Commission for labor arbitration.
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No, depending on the specific situation, it is necessary to do a labor ability appraisal, if there is labor ability, it is not possible to terminate the labor contract, and the unit cannot terminate the labor contract, in addition, if the employee terminates the labor contract, only 30 days' notice is required, thank you.
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The employment contract is not a deed of sale, and the contract can be terminated at any time, but the contract liquidated damages must be paid in accordance with the contract.
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The Labor Contract Law stipulates that an employee may resign after giving 30 days' notice to the employer.
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If an employee is injured at work, if the labor contract is terminated, this is okay, but whether or not he can get some benefits needs to be resolved through negotiation between the two parties.
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If an employee is injured at work, it can be determined that the work-related injury or the company will compensate for it, and this matter has nothing to do with whether the contract is terminated.
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Yes, the company does not keep idlers. If, because of a small injury, you will not agree to resign. The company also does not have the right to dismiss an injured employee.
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If you want to terminate the labor contract with the company, you can go to the company's personnel department to coordinate and terminate your labor contract and dissociate yourself from the company.
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For example, if an employee is injured at work, he or she cannot terminate the contract with the company at any time. However, it is possible to request the company to compensate for the work-related injury, but it is possible to request the company to compensate for the work-related injury.
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Therefore, if an employee is injured or injured at work, he can terminate the contract with the company at any time. Otherwise, I won't be able to reimburse your work-related injury social security.
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Personally, it is recommended that employees do not terminate the labor contract, because work-related injuries can be assessed as work-related injuries, and the employees can not only get compensation, but the employer cannot easily terminate the labor contract with the employee, and must compensate the employee.
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If it is determined that it is a work-related injury, the contract cannot be terminated. It is not a work-related injury, and it does not matter if the contract is terminated.
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Employees who are injured at work should also resign in accordance with the procedures stipulated in the Labor Contract Law.
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If the employee is injured at work, the company has work-related injury insurance, and you are compensated for work-related injuries, you do not need to terminate the contract, if the company does not compensate, you can terminate the contract at any time!
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I think that if you are injured at work, you should not easily terminate the labor contract with the original company or unit. Unless the injured person has already received satisfactory compensation.
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Hello, because of a work injury, as an employee, you should apply for a work-related injury determination, and later related compensation, such as medical expenses, wages during the period of suspension of work, etc. If the employee does not want to do it, then according to the relevant provisions of the labor contract law, it is necessary to notify the employer within 30 days, of course, if the other party accepts, then there is no problem, you can do it at any time.
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If an employee is injured at work, the company needs to help him unconditionally** (with work-related injury accident insurance).
If the employee wants to leave the company and terminate the contract, the company still needs to pay his work-related injury fee, nutrition fee, lost work pay, etc. It is better for both parties to negotiate an agreement.
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If an employee is injured at work and is unable to perform his or her original job, he or she may terminate the labor contract with the company and claim corresponding compensation.
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If the company is not the kind of more formal, you can leave at any time, it doesn't matter, it mainly depends on your own work injury, there should be a work injury, if the work injury is not reached? There will also be some compensation.
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If you are injured at work, you can definitely terminate the contract with the company, and this is definitely possible.
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If you sign an employment contract, you can negotiate, but if you say you will terminate it, you can't.
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After going to work after a work-related injury leave, and the contract expires after a few months, is it legal for the company to dismiss the employee?
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According to the provisions of the Labor Contract Law of the People's Republic of China, if an employee during the period of work-related injury is unable to perform his or her original job after being proved by a hospital or a labor ability appraisal agency, he or she shall enjoy work-related injury benefits in accordance with the company's regulations, and the company shall not terminate the labor contract during the period of work-related injury benefits. If the employee has been able to work normally after the expiration of the work-related injury leave, and the company has notified the employee whether to renew the contract before the expiration of the labor contract, if the employee does not respond or clearly states that it will not renew, the company can terminate the labor contract after the expiration of the contract. Therefore, it is legal for a company to dismiss an employee after the expiration of work-related injury leave.
Legal basis: 1. According to Article 43 of the Labor Contract Law of the People's Republic of China, if an employee is unable to perform his or her original job due to illness or non-work-related injury, the employer shall arrange for him to engage in other work according to his or her working ability as determined by the labor ability appraisal agency before the expiration of the medical treatment period. The labor contract shall not be terminated during the medical treatment period, unless the employee proposes to terminate the labor contract.
2. According to Article 24 of the Labor Contract Law of the People's Republic of China, if an employer and an employee enter into a fixed-term labor contract, the employer shall notify the employee in writing whether to renew the labor contract before the expiration of the contract. If the employer fails to give notice before the expiration of the contract, it shall be deemed to have renewed the labor contract. If the employee fails to reply within 15 days after receiving the renewal notice from the employer, it shall be deemed that the employee has not resigned or renewed the labor contract.
3. According to Article 39 of the Labor Contract Law of the People's Republic of China, an employer and an employee shall notify the other party 30 days in advance of the termination of the labor contract; The employee may terminate the labor contract by giving 30 days' written notice to the employer.
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If you are unable to work due to a work-related injury, the employer is required to pay the corresponding economic compensation to the employer if the labor contract is terminated. The specific amount of compensation is related to the length of service of the employee, and the employee is paid one month's salary as economic compensation for each year of service with the employer.
1. Is there any compensation for the termination of the labor contract due to work-related injury?
If there is compensation, the severance payment for dissolving or terminating the labor contract is the severance paid to the employee in accordance with the legal standard or agreed standard when the employer dissolves or terminates the labor contract. The law does not delineate the scope of workers who are eligible for severance payments, let alone exclude injured workers from the scope of workers who are eligible for severance payments. Therefore, regardless of whether the employee is injured or not, he or she is entitled to severance in accordance with the law.
After an injured employee is entitled to work-related injury benefits in accordance with the Regulations on Work-related Injury Insurance, he or she is still entitled to the labor rights and interests of ordinary employees in accordance with the Labor Law and the Labor Contract Law. Among them, the one-time medical subsidy for work-related injuries and the disability employment subsidy are the one-time expenses paid by the employer to the employees with grade 5 to 10 work-related injuries who terminate the labor relationship with them, and are used for medical and nutritional expenses after disability and compensation for the loss of employability caused by work-related injuries, respectively. The enterprise participates in work-related injury insurance, and the two expenses should be paid by social security**; If the enterprise does not participate in work-related injury insurance, the employer shall pay the two expenses in accordance with the compensation standard.
2. Is the exemption clause for termination of the labor contract valid?
The clause that exempts the employer from its statutory liability and excludes the rights of the employee is invalid. The clause exempting from statutory liability is invalid, and the employment contract is not automatically invalid. If part of it is invalid, it does not affect the validity of the other parts, and the provisions of the other parts on wages, social benefits, and so forth continue to be effective and may continue to be enforced.
If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.
The following employment contracts are invalid or partially invalid:
1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;
2) The employer exempts itself from statutory liability and excludes the rights of employees;
3) Violating mandatory provisions of laws or administrative regulations.
The termination of an employment contract due to a work-related injury is based on compensation, which is related to the number of years the employee has worked with the company. For all invalid labor contracts, the content of the contract provisions are invalid, and the exemption clauses are also invalid, while for partially invalid labor contracts, the part that is found to be valid can continue to be enforced.
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