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The Two Employment Injury Relief Contract Is Only Paid For Once.

2016/2/20 22:07:00 34

Industrial InjuryRescission Of ContractEmployment Subsidy

In September 2010, Zhang was injured in a traffic accident on the way to work, and was found to be injured by work, with a disability degree of 9.

In February 4, 2013, Zhang was injured again, and was found to be injured by work, with a disability degree of 10.

In June 1, 2015, Zhang proposed the termination of the labor contract.

Later, Zhang submitted an application to the local labor and personnel dispute arbitration commission, requiring a company to pay a one-time disability according to the 9 and 10 criteria.

Employment subsidy

According to the trial of the Arbitration Commission, the regulations on work-related injury insurance stipulate that the workers were identified as grade 5 to 10 on the basis of occupational injuries. If the labor contract terminates, or the worker himself proposes to terminate the labor contract, the employer shall pay a one-time disability employment subsidy.

The opinions of the Ministry of human resources and social security on Several Issues concerning the implementation of the regulations on work-related injury insurance (No. 34 of No. 2013 of the Ministry of personnel and social work) stipulate that workers are continuous in the same employer.

Working period

Multiple occurrence

Injury on-the-Job

When the relevant treatment is met, the disposable disability employment allowance shall be issued according to the highest disability level of the employer in the same employer.

In this case, Zhang has been injured for two times, and the ranks are 9 and 10 respectively.

In accordance with the above provisions, Zhang has the right to propose a termination of labor contract, and can receive a one-time disability employment subsidy from a company according to the highest disability level.

Finally, the Arbitration Commission decided that a company should pay a one-time disability employment subsidy to Zhang according to the 9 level standard.

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Xiaohua worked in a company in April 2014, with a monthly salary of 6000 yuan. The unit also recorded the amount of social insurance premiums the individual should pay in accordance with 6000 yuan in Xiaohua's wages.

In December 2014, Xiaohua conducted a social security enquiry and found that the unit paid social security only at a social security payment base of 3022 yuan.

Xiaohua immediately found the unit's human resources department, requiring the unit to check the details of its social security payment, but the unit refused to provide it.

Comment: in fact, Xiao Hua can complain to the local labor security supervision team and ask for treatment.

The labor and social security supervision department has the right to deal with the employer's refusal to inform the social security payment.

1, the sixtieth provision of the social insurance law stipulates that the employing units should declare their own interests, pay social insurance premiums in full and on time, and shall not be suspended or reduced without legal reasons such as force majeure.

The social insurance premiums payable by the workers and staff members shall be withheld and paid by the employing units. The employer shall inform the person himself of the details of the payment of social insurance premiums on a monthly basis.

2. The twenty-fourth provision of the implementation of the "social insurance law of the People's Republic of China" stipulates that employers should inform the employees themselves of their social insurance premiums without monthly payment, and the social insurance administrative departments shall order them to make corrections. If the employer fails to change the overdue period, it shall be dealt with in accordance with the thirtieth regulations of the labor and social security supervision regulations.


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