Q: Xi CIMC Shaanxi Automobile Heavy Truck Co., Ltd., why is the welder's salary so pitted? If someone has a work-related injury, they will try their best to get rid of him. If they want money, they wi

Q: Xi CIMC Shaanxi Automobile Heavy Truck Co., Ltd., why is the welder's salary so pitted? If someone has a work-related injury, they will try their best to get rid of him. If they want money, they will have to go to court. What should I do? 1. Laborers can apply for labor arbitration and claim compensation for work-related injuries and illegal dismissal; Of course, you must apply for work-related injury identification and labor ability appraisal first.

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. The compensation standards in different provinces are different. According to the level of disability, the compensation is different. The main compensations are: medical expenses, one-time disability subsidies, one-time disability employment subsidies, one-time work-related injury medical subsidies, wages during the period of shutdown with pay, food subsidies, nursing expenses, etc.

Second, how to apply for labor arbitration:

1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (former Labor Bureau) and apply for labor arbitration. Materials to be submitted: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide industrial and commercial registration information of employers!

2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days. The labor arbitration commission does not charge. Then give both parties a proof period; Then the court will hold a hearing to mediate between you. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If we are dissatisfied with the ruling, we can bring a lawsuit to the court;

3. During the application for labor arbitration, the laborer shall not delay to work in the new unit.

Article 47 of the Labor Contract Law of People's Republic of China (PRC) * * * The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.

Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.