1, "Buy-out length of service" has no legal support, and can only propose to dissolve the labor contract relationship according to law. However, when the employing unit does not meet the circumstances stipulated in Article 38 of the Labor Contract Law, it should try not to take the initiative to terminate the labor contract relationship, otherwise it will affect the economic compensation (also known as compensation).
2. If the injured person is 1-4, the law does not support the dissolution of the labor contract relationship; Five to six levels of non-work-related injuries can not be required to terminate the labor contract relationship; 7 to 10 level employers and workers can claim to terminate the labor contract relationship.
3. To terminate or terminate the labor contract, the employing unit shall, in accordance with the provisions of the Labor Contract Law and the Regulations on Work-related Injury Insurance, pay economic compensation, one-time disability allowance, one-time medical subsidy and one-time employment subsidy to the workers (one-time disability allowance and one-time medical subsidy shall be paid by the work-related injury insurance fund).
2. What is buyout service and what is the payment standard?
The so-called "buyout of seniority" is now prohibited by the national policy, and the legal essence of "buyout of seniority" should be the economic compensation paid by the enterprise to the employees after the labor relationship between the enterprise and the employees is terminated. Buying out the length of service should be regarded as dissolving the labor relationship through consultation, and the following provisions should be applied to determine the compensation standard: Measures for Economic Compensation for Violating and Dissolving the Labor Contract (promulgated by the Ministry of Labor on February 3, 2004 1994) Article 5 If the parties to a labor contract reach an agreement through consultation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year, with a maximum of 12. If the working time is less than one year, the economic compensation shall be paid according to the standard of one year.
3. What is the standard of industrial injury death pension?
According to Article 39 of the Regulations on Work-related Injury Insurance, the pension for dependent relatives is paid according to a certain proportion of the wages of the relatives who died before their death and were unable to work and provided the main source of livelihood. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council.
To sum up, according to the relevant provisions of the Labor Law, if an injured person dissolves or terminates the labor contract relationship, the employer shall pay economic compensation, one-time disability allowance, one-time medical allowance and one-time employment allowance to the employee in accordance with the provisions of the Labor Contract Law and the Regulations on Work-related Injury Insurance.