The company recruits disabled military personnel. Can they receive disability benefits after the contract is terminated?

If the old injury recurs while working for the employer, it will be counted as a work-related injury. After the labor contract is terminated, the work-related injury insurance fund will pay a one-time work-related injury medical subsidy, and the employer will pay a one-time disability employment subsidy.

Article 15 If an employee has any of the following circumstances, he or she shall be deemed to have suffered a work-related injury:

(1) Death of a sudden illness or injury within 48 hours during working hours and at the workplace Died after ineffective rescue;

(2) Injured during rescue and disaster relief activities to safeguard national interests and public interests;

(3) The employee was serving in the military, Those who are disabled due to injuries in war or on duty, have obtained a Revolutionary Disabled Soldier Certificate, and the old injuries recur after arriving at the employer.

Article 35 If an employee becomes disabled due to work and is identified as a first- to fourth-level disability, the labor relationship will be retained, he will quit his job, and he will enjoy the following benefits:

(1) ) A one-time disability subsidy is paid from the work-related injury insurance fund according to the disability level. The standard is: first-level disability is 27 months of personal wages, second-level disability is 25 months of personal wages, and third-level disability is 23 months. months of personal salary, and level 4 disability is 21 months of personal salary.

(2) Disability allowances are paid monthly from the work-related injury insurance fund. The standard is: first-level disability is 90% of the person’s salary, second-level disability is 85% of the person’s salary, and third-level disability is 85% of the person’s salary. 80% of the salary, and level 4 disability is 75% of the salary. If the actual amount of disability allowance is lower than the local minimum wage standard, the difference will be made up by the work-related injury insurance fund

(3) After the work-injured employee reaches the retirement age and goes through the retirement procedures, the disability allowance will be stopped and he will enjoy it in accordance with national regulations Basic pension insurance benefits. If the basic pension insurance benefits are lower than the disability allowance, the work-related injury insurance fund will make up the difference.

If an employee becomes disabled due to work and is identified as a grade one to grade four disability, the employer and individual employee shall pay basic medical insurance premiums based on the disability allowance.

Article 36 Employees who are diagnosed with level five or level six disability due to work shall enjoy the following benefits:

(1) From the work-related injury insurance fund according to the disability The one-time disability subsidy is paid according to the level, and the standard is: Level 5 disability is 18 months of personal salary, and Level 6 disability is 16 months of personal salary;

(2) Retention and employer According to the labor relations, the employer shall arrange appropriate work. If it is difficult to arrange work, the employer will provide a disability allowance on a monthly basis. The standard is: a fifth-level disability is 70% of the person's salary, and a sixth-level disability is 60% of the person's salary. The employer will pay the dues in accordance with regulations. various social insurance premiums. If the actual amount of disability allowance is lower than the local minimum wage standard, the employer shall make up the difference.

Upon the request of the injured employee himself, the employee can dissolve or terminate the labor relationship with the employer. The work-related injury insurance fund will pay a one-time medical subsidy for work-related injuries, and the employer will pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 37 Employees who are disabled due to work and are identified as having a disability of level 7 to level 10 shall enjoy the following benefits:

(1) From the work-related injury insurance fund according to the disability A one-time disability subsidy is paid for each level. The standard is: Level 7 disability is 13 months of personal salary, Level 8 disability is 11 months of personal salary, Level 9 disability is 9 months of personal salary, Level 10 disability is 9 months of personal salary. Disability is equal to 7 months of personal wages;

(2) If the labor or employment contract expires or is terminated, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance fund will pay a one-time work-related injury medical subsidy. , the employer shall pay a one-time disability employment subsidy. The specific standards for one-time work-related injury medical subsidies and one-time disability employment subsidies shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.