Compensation standard for industrial and commercial death: how much does the general company pay and how much does the social security pay?

Compensation standard for industrial and commercial death: how much does the general company pay and how much does the social security pay?

The standard of compensation for industrial and commercial death depends on many factors, including the age, salary and working hours of the deceased, as well as the economic situation and contract of the company.

Generally speaking, the company's compensation amount is determined by the compensation liability and insurance amount agreed in the employment contract. If the corresponding liability and insurance amount are agreed in the employment contract, the company shall make compensation according to the contract. If there is no agreement in the contract, compensation can be made according to the Labor Law of People's Republic of China (PRC) and relevant laws and regulations.

According to the Labor Law of People's Republic of China (PRC), compensation for work-related injury death includes funeral allowance, dependent relatives' pension and one-time work-related death allowance. Among them, the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months; The pension for dependent relatives shall be paid to the relatives who provided the main source of livelihood and were unable to work because of work before the death of the employee according to a certain proportion of the employee's own salary; The standard of one-time work death subsidy is 20 times of the per capita disposable income of urban residents in the previous year.

Social security compensation refers to industrial injury insurance compensation, and its compensation standard is also implemented according to the above provisions. Employees who participate in work-related injury insurance can get corresponding compensation from work-related injury insurance after work-related injuries occur during working hours and jobs.

To sum up, the compensation standard for industrial and commercial death depends on specific circumstances, such as how much the company pays and how much the social security pays. In this case, it is best to consult professional lawyers or relevant institutions to obtain more accurate information.

Legal basis:

Article 3 of the Labor Law of People's Republic of China (PRC): Workers enjoy equal employment and choice of occupation, labor remuneration, rest and vacation, occupational safety and health protection, vocational skills training, social insurance and welfare, settlement of labor disputes and other labor rights stipulated by law.

Article 39 of the Regulations on Work-related Injury Insurance: If an employee dies at work, his close relatives shall receive funeral subsidy, dependent relatives pension and one-time work-related death subsidy from the work-related injury insurance fund in accordance with the following provisions:

(a) the funeral subsidy is the average monthly salary of employees in the overall planning area for 6 months;

(2) The pension for supporting relatives shall be paid to the relatives who provided the main source of livelihood before the death of the employee and were unable to work because of work according to a certain proportion of the employee's salary. The standard is: spouse 40%, other relatives 30%, widowed elderly or orphans 10%. The total approved pension of dependent relatives should not be higher than the salary of employees who died at work. The specific scope of supporting relatives shall be stipulated by the administrative department of social insurance of the State Council;

(three) the standard of one-time work death allowance is 20 times of the per capita disposable income of urban residents in the previous year.