59-year-old security guard in the property 12 days, sudden death at work, no contract and insurance. How much should I pay?

In view of the sudden death of a 59-year-old man who worked as a security guard in the property for 12 days, and did not sign a labor contract or purchase insurance, the calculation of compensation amount involves many aspects.

I. Compensation for failure to sign a labor contract

According to Article 10 of the Labor Contract Law of People's Republic of China (PRC), a written labor contract shall be concluded to establish labor relations. If the employer fails to conclude a 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. However, in this case, the employee died only after working for 12 days, and cannot be compensated directly according to double salary.

However, because it is illegal to sign a labor contract, the employer must pay a certain amount of economic compensation. The specific compensation amount needs to be determined according to the relevant local laws and regulations and the ruling of the labor arbitration department.

Second, there is no compensation for insurance.

Because the employer did not buy insurance for employees, employees could not enjoy the corresponding work-related injury insurance benefits after they died at work. According to the provisions of Article 62 of the Regulations on Work-related Injury Insurance, if an employee of an employer who has not participated in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses according to the treatment items and standards of work-related injury insurance stipulated in these Regulations.

Specific compensation items include:

Funeral allowance: usually 6 months of the average monthly salary of employees in the last year in the overall planning area.

Pension for dependent relatives: according to a certain proportion of the employee's own salary, it is paid to the relatives who provided the main source of livelihood and were unable to work before the employee died at work. Specific standards shall be formulated by the people's government of the overall planning area.

One-time work death subsidy: the compensation amount is usually the average monthly salary of employees in the overall planning area multiplied by a certain number of months (the specific number of months is stipulated by the people's government of the overall planning area, usually between 48 and 60 months).

Third, summary.

In view of this case, because the labor contract has not been signed and the insurance has not been purchased, the employer needs to bear certain liability for compensation. The specific amount of compensation includes economic compensation, funeral subsidies, pension for dependent relatives and one-time work-related death subsidies. The specific amount needs to be calculated according to local laws and regulations and specific conditions, and the labor arbitration department or the court will make a ruling.