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How to determine the compensation for loss of work due to divorce?

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How to determine the compensation for loss of work due to divorce?


        

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  • 2024-06-23 15:00:58

    (1) Concept
    The compensation for loss of work refers to the compensation for the loss or reduction of work and labor income due to the inability to engage in normal work or labor during the period from injury to complete cure when the non fault party in the divorce case causes its own personal damage due to the other spouse's illegal act that impairs marriage and family relations as stipulated in Article 46 of the Marriage Law.
    (2) Provisions of relevant laws and judicial interpretations
    1. General Principles of the Civil Law of the People's Republic of China
    Article 119 If a person infringes upon a citizen's body and causes injury, he shall compensate for medical expenses, reduced income due to missed work, living allowance for the disabled, and other expenses that cause death, and shall also pay funeral expenses, necessary living expenses of the deceased's dependents, and other expenses.
    2. Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Trial)
    143. The date of the victim's absence from work shall be determined according to the actual degree of damage, recovery status and with reference to the certificate issued by the treatment hospital or forensic expertise. The standard of compensation may be calculated on the basis of the victim's wage standard or the amount of his actual income.
    If the victim is a contracted business or self-employed business, the calculation standard of the compensation for lost time may be determined by reference to the average income of the victim within a certain period of time. If the planting and breeding industry contracted by the victim is very seasonal and will cause greater losses if it is not operated in time, in addition to the measures the victim should take to prevent the loss from expanding, the infringer can also be ruled to take measures to prevent the loss from expanding.
    3. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
    Article 17 (1) If the victim suffers from personal injury, the compensation obligor shall compensate for various expenses incurred for medical treatment and reduced income due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital board allowance and necessary nutrition expenses.
    Article 20 The lost time fee shall be determined according to the lost time and income of the victim.
    The time of missing work is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim is disabled due to injury and continues to be absent from work, the time of absence from work may be calculated to the day before the date of disability determination.
    If the victim has a fixed income, the lost wages shall be calculated according to the actual reduced income. If the victim does not have a fixed income, the average income of the last three years shall be used for calculation. If the victim cannot provide evidence to prove the average income of the last three years, it may be calculated by referring to the average wages of employees in the same or similar industries in the place where the court is located in the previous year.

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