Grade 10 industrial injury is partial loss of working ability. According to Item (2) of Article 42 of the Labor Contract Law, the employer shall not terminate the contract except for the statutory fault stipulated in Article 39. Otherwise, it is illegal to terminate the contract, and the laborer can claim to continue to perform the contract, or he can claim to double the economic compensation, that is, the compensation of two months' salary per year for the unit working years.
Regardless of whether the employer terminates the contract legally or not, workers with work-related injuries are entitled to one-time work-related injury medical subsidies and employment subsidies. The former is paid by the industrial injury insurance fund, while the latter is paid by the employer. If the employer fails to participate in work-related injury insurance, it shall be paid by the employer.
The one-time medical subsidy for work-related injuries and employment security fund are calculated according to the difference between the average life expectancy of the population (70.89 years for men and 77.34 years for women) published last time in Quanzhou and the age when the labor relationship is dissolved or terminated, as well as the average monthly salary of employees in Quanzhou in the previous year, which is 0. 1 month per year, respectively, and less than 3 months are calculated as 3 months.
Labor Contract Law
Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:
(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Regulations on industrial injury insurance
Thirty-seventh workers who are disabled due to work are identified as seven to ten disabled, and enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. 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 employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Measures of Fujian Province on Implementing the Regulations on Work-related Injury Insurance
Twenty-seventh five to ten levels of work-related injuries, one-time work-related injury medical subsidies and disability employment subsidies are calculated separately. The standard is calculated according to the difference between the average life expectancy of the population last published in the overall planning area and the age when the labor relationship is dissolved or terminated, and the difference between the average monthly salary of employees in the overall planning area in the previous year when the labor relationship is dissolved or terminated:
(1) One-time medical subsidy for work-related injuries: level 5, paid for 0.7 months every full year; Level 6, issued for 0.6 months every full year; Level 7, 0.4 months for each full year; Grade 8, 0.3 months for each full year; Grade 9, 0.2 months for each full year; 10, 0. 1 month, every full year. Less than one year counts as one year.
If the one-time work-related injury medical subsidy for employees with five to six levels of work-related injuries is less than 15 months, it will be paid according to 15 months; If the one-time work-related injury medical subsidy for employees with seven to eight work-related injuries is less than 10 month, it will be paid according to 10 month; If the one-time work-related injury medical subsidy for nine-level workers is less than 5 months, it will be paid in 5 months; If the one-time work-related injury medical subsidy for workers with ten-level work-related injuries is less than 3 months, it will be paid in 3 months.
For employees suffering from occupational diseases, the one-time medical subsidy for work-related injuries will be increased by 30% on the basis of the above standards.
(2) One-time disability employment subsidy: level 5, paid for 0.7 months every full year; Level 6, issued for 0.6 months every full year; Level 7, 0.4 months for each full year; Grade 8, 0.3 months for each full year; Grade 9, 0.2 months for each full year; 10, 0. 1 month, every full year. Less than one year counts as one year.
If the one-time disability employment subsidy for employees with five to six levels of work-related injuries is less than 15 months, it will be paid according to 15 months; If the one-time disability employment subsidy for employees with seven to eight levels of work-related injuries is less than 10 month, it will be paid according to 10 month; If the one-time disability employment subsidy for nine-level injured workers is less than 5 months, it will be paid in 5 months; If the one-time disability employment subsidy for ten-level injured workers is less than 3 months, it will be paid in 3 months.
For employees suffering from occupational diseases, the one-time disability employment subsidy will be increased by 30% on the basis of the above standards.
Documents of Quanzhou Human Resources and Social Security Bureau
Notice on Adjusting the Regular Treatment of Industrial Injury Insurance for Enterprise Employees in Quanzhou 20 14
Right Society [20 14]No. 109
1. According to the data released by the Provincial Bureau of Statistics, the average wage of Quanzhou employees in 20 13 years was 44,895 yuan, and the average monthly wage was 374 1 yuan, an increase of 3 15 yuan; The average life expectancy in Quanzhou is 70.89 years for men and 77.34 years for women (according to the data of the sixth population census of 20 10 provided by Quanzhou Municipal Bureau of Statistics).