If the employing unit has not signed a labor contract with the employee, the employee may ask the employing unit to pay double wages for the unsigned labor contract from the second month (from the second month of employment, the longest is 1 1 month), and the time limit for labor arbitration is one year from the employee's resignation!
1. Applying to the Human Resources and Social Security Bureau (the former Labor Bureau) for work-related injury identification requires the company to report the accident within one month. If the company does not apply, the injured employee or his close relatives shall apply for appraisal within one year. Materials to be submitted: application form for work-related injury identification (generally downloaded from the website of the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.
2, after treatment, disability and the injury is relatively stable, it shall apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee (generally established in the Human Resources and Social Security Bureau at the same level);
3. According to different levels of disability, the compensation is different. The main compensation includes: medical expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, wages during shutdown, food subsidies, nursing expenses, etc.
4. If the laborer has no evidence to prove the existence of labor relations, such as a labor contract, and cannot apply for work-related injury identification, he can apply for labor arbitration to confirm the existence of labor relations between you and the employer. After labor arbitration confirms the existence of labor relations, apply for work-related injury identification.
5. Regulations on industrial injury insurance
Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
(4) Suffering from occupational diseases;
(five) during the business trip, injured or missing due to work reasons;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Fifteenth employees in any of the following circumstances, as a work-related injury:
(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;
(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.
Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.
Article 16 An employee meets the provisions of Articles 14 and 15 of these Regulations, but under any of the following circumstances, it shall not be deemed as a work-related injury or regarded as a work-related injury:
(a) Intentional crime;
(2) Being drunk or taking drugs;
(3) Self-mutilation or suicide.
Article 82 of the Labor Contract Law of People's Republic of China (PRC) * * * If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary.
Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.
Regulations on the Implementation of the Labor Contract Law of the People's Republic of China
Article 6 Where an employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with the provisions of Article 82 of the Labor Contract Law, and make up the written labor contract with the employee; If the employee fails to conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law.
As mentioned in the preceding paragraph, the starting time for the employer to pay the laborer twice the monthly salary is the day after the expiration of one month from the date of employment, and the ending time is the day before the conclusion of a written labor contract.
Article 7 Where an employing unit fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary according to the provisions of Article 82 of the Labor Contract Law from the day after the expiration of one month to the day before the expiration of one year from the date of employment, and the day after the expiration of one year from the date of employment shall be deemed to have concluded an open-ended labor contract with the employee, and it shall immediately conclude a written labor contract with the employee.