Can I terminate the labor contract after a work injury? If ordinary workers suffer personal injuries during their work, they should apply for special appraisal to confirm that they belong to the category of work-related injuries before they can be treated as work-related injuries. But for workers, at this time, employees are injured at work, which will inevitably delay their work. Can I terminate the labor contract after work injury?
Can the labor contract be terminated after work-related injury 1 work-related injury 1- 10 The unit shall not terminate the labor contract with its employees, but shall keep the labor relationship and quit the post.
Nine industrial injuries should enjoy the following benefits:
(1) The industrial injury insurance fund will pay a one-time disability subsidy according to the disability level. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor contract, or the employee himself proposed to terminate the labor contract, the employer shall pay a one-time work-related injury medical subsidy and disability employment subsidy. Specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Article 17 of China's Labor Law stipulates: "A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. To establish labor relations, a labor contract shall be concluded. " As the main body of labor relations, employers and workers are equal in form, but unequal in essence. The relationship between the two is also administrative subordination, and the employer is in an active position.
However, workers are in a weak position of passive and legitimate defense. In real life, employers often deliberately delay the conclusion of labor contracts. To this end, the Opinions of Jiangsu Higher People's Court on Several Issues Concerning the Trial of Labor Dispute Cases clearly stipulates: "Although the employer and the employee have not signed a written labor contract, the employee provides labor to the employer and accepts its management, guidance and supervision. If the employer pays labor remuneration to the laborer, it shall be recognized as a factual labor relationship. "
The termination of labor relations not only involves the employment opportunities and survival rights of workers, but also affects the production and operation of employers, which must be treated with caution. In particular, China's labor laws and regulations impose strict restrictions on the employer's unilateral termination of labor relations, that is, the employer must have legal circumstances, otherwise the employer may not unilaterally exercise the right to terminate labor relations.
At the same time, Article 29 of China's Labor Law stipulates: "The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if the laborer is under any of the following circumstances: (1) suffering from occupational diseases or work-related injuries and being confirmed to have lost or partially lost the ability to work; (2) Being sick or injured within the prescribed medical treatment period; (3) Female employees during pregnancy, childbirth and lactation; (4) Other circumstances stipulated by laws and administrative regulations.
The reason why items (1), (2) and (3) of this article stipulate in legal form that the labor contract shall not be dissolved is to ensure that the rights and interests of workers are not infringed under special circumstances.
In labor relations, the employer, as the user of the laborer and the provider of working conditions, has the legal obligation to protect the safety and health of the laborer unilaterally. The occurrence of industrial accidents means that the employer has violated this legal obligation. Therefore, when a worker loses part or all of his working ability due to an industrial accident, the employer shall be responsible for the life of the worker.
Instead of terminating labor relations. In this case, the plaintiff Hong Xfang was injured at work, which is a work-related injury according to law. According to China's relevant labor laws and regulations, workers who suffer from work-related injuries or occupational diseases and are rated as seven to ten shall enjoy social insurance benefits according to law.
The employing unit shall, in principle, arrange appropriate work. After the expiration of the labor contract, if the employee proposes to terminate the labor contract or choose other jobs, he can be given a one-time disability employment subsidy. The specific standards shall be determined by the provincial labor administrative department according to the actual situation.
During the employee's work-related injury, the employer cannot terminate the labor contract at will, but it also means that the employer cannot terminate the labor contract. If the injured employee seriously violates the regulations of the unit or violates the law during the work-related injury, the employer may also terminate the labor contract.
Whether the labor contract can be terminated after work-related injury II. Can the labor contract be terminated after the work-related injury appraisal?
1. After the work-related injury accident, the employer shall not terminate the labor contract during the medical treatment period of the work-related injury after the worker has been appraised.
2. If the labor contract is terminated, the laborer shall be given twice the economic compensation.
3. The employer shall not terminate the labor contract due to the following circumstances:
(1) The worker who is engaged in the operation exposed to occupational hazards has not received the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(2) Party B suffers from occupational diseases or work-related injuries in this unit and is confirmed to have lost or partially lost the ability to work;
(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(4) Female employees during pregnancy, childbirth and lactation;
(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.
4. Legal basis: Article 42 of People's Republic of China (PRC) Labor Contract Law.
Second, what procedures do you need to take to identify a work-related injury?
(1) In practice, it is necessary to make sure that work-related injuries and disabilities are identified within the following time:
1, in line with the medical termination standard and the medical termination period, the appraisal materials shall be arranged by the municipal labor inspection organ within 60 days after delivery, and the appraisal conclusion may be extended for another 30 days under special circumstances.
2. Due to special circumstances such as fracture, joint injury and nerve injury. The medical termination period has not expired, it takes time to recover, or it is disfigured by burns. The appraisal time will be notified separately, and the injured workers will wait for the notice.
(2) Then, when applying for work-related injury identification, follow the following steps:
1. After the injury is stable or the medical treatment is terminated, the employing unit or the injured employee will directly apply for labor ability appraisal to the municipal labor ability appraisal committee with relevant application materials.
2, the labor appraisal committee after receiving the application, review the application materials.
3, the labor appraisal committee to review the information is complete, will organize experts to identify, and make an appraisal conclusion.
4. The labor ability appraisal committee shall, within 20 days from the date of making the appraisal conclusion, timely deliver the appraisal conclusion to the injured workers and their employers, and send a copy to the social insurance agency.
Can I terminate the labor contract after work injury? 1. Can an injured employee terminate the labor contract?
Workers with work-related injuries may terminate their labor contracts. Five to ten disabled workers proposed to terminate the labor contract, the work-related injury insurance fund to pay a one-time work-related injury medical subsidy, the employer to pay a one-time disability employment subsidy. Workers with work-related injuries voluntarily propose to terminate the labor contract after the conclusion of disability grade appraisal, and receive the above money.
The enterprise shall not terminate the contract before the results of work-related injury appraisal come out. Even if the contract expires, the enterprise should renew the contract until the appraisal result comes out. If the employee's work-related injury is one to four, the labor contract shall not be terminated before the employee reaches the statutory retirement age.
If it is level 5-6, most of them lose their ability to work, and the employee requests to renew the labor contract, the enterprise must renew it. Grade 7 to 10. When the first fixed contract expires, if the enterprise and the employee do not agree to renew it, the contract may be terminated. If the second fixed contract expires and the employee requests to renew it, the enterprise must renew it.
Second, can the employer terminate the labor contract with the injured employee?
During the period of shutdown with pay, the original wages and benefits will remain unchanged and will be paid by the unit. In other words, during the paid suspension period, the employer may not terminate or terminate the labor relationship with the injured employee.
Workers with work-related disabilities who are identified as one to four disabilities will retain their labor relations and quit their jobs. The industrial injury insurance fund will pay a one-time disability allowance and a monthly disability allowance. The basic medical insurance premium is paid by the employer and individual employees with disability allowance as the base. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits in accordance with relevant state regulations.
Workers who are disabled due to work are identified as five or six levels of disability, and a one-time disability subsidy is paid by the industrial injury insurance fund, and the labor relationship with the employer is retained, and the employer arranges appropriate work.
If it is difficult to arrange the work, the employer shall issue a monthly disability allowance, and the employer shall pay the social insurance premiums payable for it in accordance with the regulations. Upon the employee's own proposal, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance fund shall pay the one-time medical subsidy for work-related injuries, and the employer shall pay the one-time disability employment subsidy.
Workers who are disabled due to work are identified as seven to ten levels of disability, and a one-time disability subsidy is paid by the industrial injury insurance fund. If the labor employment contract expires, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund will pay a one-time medical subsidy for work-related injuries, and the employer will pay a one-time disability employment subsidy.
To sum up, among the workers with work-related injuries, those who are disabled from grade one to grade four will retain their labor relations until they reach retirement age and go through retirement procedures; Five or six grades, employees injured at work can terminate or terminate their labor relations with the employer; Seven to ten disabled people
When the labor contract expires or the employee requests to terminate it, the labor contract will be terminated. That is to say, under no circumstances shall the employer voluntarily terminate the labor contract with the injured person or reduce the number of injured persons according to the provisions of Articles 40 and 41 of the Labor Contract Law.
If an employee is injured at work, the unit shall not terminate the labor relationship with him at will. However, if the treatment period is long, or after the cure, he can't adapt to the work well. At this time, the unit can choose to pay compensation and terminate the labor contract with him. However, because it is difficult for the employee to find a job in the later period, the compensation amount will be relatively large.