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There is no contract on how to compensate for injuries and fractures on the construction site (there is no contract on how to compensate for injuries and fractures on the construction site)

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There is no contract on how to compensate for injuries and fractures on the construction site (there is no contract on how to compensate for injuries and fractures on the construction site)


        

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  • 2024-06-10 09:00:49

    The unit needs to pay double salary compensation to the employees who have not signed the contract, and all compensation related to work-related injuries should be borne by the worker unit. If both parties have objections due to the compensation for work-related injuries or the signing of labor contracts, they can choose to sue.

    List of contents of this article:

    1. How to compensate for injuries and fractures on the construction site without labor contract? 2. Whether there is economic compensation after industrial injury compensation

    How to compensate for injuries and fractures on the construction site without labor contract?

    The company needs to pay double salary to the employees as compensation, and at the same time, the company also needs to bear all compensation for work-related injuries. First, the unit is required to apply to the local labor and social security departments for identification of work-related injuries. The medical expenses, accompanying expenses, living expenses, etc. required for hospitalization shall be paid by the unit. The wages and benefits during the shutdown period shall remain unchanged and shall be paid monthly by the unit. If the two parties fail to reach an agreement, they can choose to sue.

    Whether there is economic compensation after industrial injury compensation

    Industrial injury compensation and economic compensation may have both. Industrial injury compensation refers to the compensation for the physical injury and labor capacity injury of workers by the industrial injury insurance fund and the employer according to the provisions of laws and regulations;

    The economic compensation for termination of contract refers to the compensation given to the laborer in monetary form according to the conditions and standards stipulated by law when the employer terminates or terminates the labor contract with the laborer without fault. Industrial injury compensation and contract termination economic compensation are two different concepts. According to laws and regulations, they do not affect each other, and they should have both. Article 46 of the Labor Contract Law [Economic Compensation] In any of the following circumstances, the employer shall pay economic compensation to the worker:

    (1) The laborer terminates the labor contract in accordance with Article 38 of this Law;

    (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law and reaches consensus with the laborer to terminate the labor contract;

    (3) The employer terminates the labor contract in accordance with Article 40 of this Law;

    (4) The employing unit terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    (5) The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to the renewal;

    (6) The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law;

    (7) Other circumstances stipulated by laws and administrative regulations.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    For***

    2024-06-10 09:00:49

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  • law

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