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    The Unit Is An Illegal Worker, And The Injured Worker Can Still Be Compensated.

    2016/4/1 22:46:00 27

    Illegal OperationEmployee InjuryCompensation

    Six months ago, I was seriously injured by the explosion of the electric water heater at work. I spent more than 20 yuan on medical expenses, and I still fell seven.

    Today, although the unit agrees to bear my medical expenses, it pays no attention to disability compensation.

    The reason is that an enterprise is a private workshop without a business license, and it is not a real employer in the law. Naturally, it does not have the qualifications and obligations to undertake the corresponding statutory responsibilities.

    If I have no business license, can I not ask for payment of my work-related injury?

    Answer:

    Industrial injury insurance Ordinance

    The sixty-six article stipulates that, without a business license or a unit that has not been registered and recorded in accordance with the law, and that the employees who have been revoked the business license by law or revoked or revoked, the employees of the units who have been revoked and put on record have been injured by accidents or occupational diseases, the unit shall give a one-time compensation to the close relatives of the disabled or the dead.

    Compensation standard

    No less than the industrial injury insurance benefits stipulated in this regulation.

    Obviously, although the unit does not operate in accordance with the law, it does not exclude your right to enjoy compensation for work-related injuries.

    The Ministry of human resources and social affairs revised in December 2010.

    Illegal employment

    The fifth section of unit casualty personnel compensation method further clarifies the payment standard of one-time compensation for disabled workers from grade 1 to 10.

    Among them, the seven level of disability is 4 times the compensation base.

    This compensation base refers to the average annual salary of the workers in the industrial injury insurance co ordinating area in the previous year.

    Therefore, the unit should pay your one-time industrial injury compensation accordingly.

    Related links:

    In February 20, 2015, Ding went to a logistics company as a business manager.

    When he was in charge of the company, he found that he could make a profit from it, that is to set up a partnership company with his spouses and to seal the seal of the logistics company, forge the sales contract, and sell the goods with his spouses.

    The logistics company found that Ding Mou's behavior was based on a serious violation of rules and regulations, malpractices and damage to the company.

    Ding refused to accept the decision to dismiss the labor contract on the grounds of breaking the law, and applied for arbitration to the local labor and personnel dispute arbitration committee, requiring the logistics company to pay an economic compensation of 4689.16 yuan.

    According to the trial of the Arbitration Commission, the third provision of the labor law stipulates that laborers should observe labour discipline and professional ethics.

    The thirty-ninth provision of the labor contract law stipulates that a laborer violates the rules and regulations of the employing units seriously, dereliction of duty and malpractice, causing serious damage to the employing units. The employer can terminate the labor contract with the workers and have the right to recover the economic losses from the workers.

    Ding's behavior not only violates the company's rules and regulations, but also violates the professional ethics as a worker, and may even face criminal penalties.

    Finally, the Arbitration Commission dismissed Lee's request for arbitration.


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