Case Analysis (13): How do you make the decision?
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This post was last edited by slll611 on 2016-3-22 at 21:43. Case: Wang, an employee of a machinery manufacturing company, was injured at work in April 2005; in August of the same year, he was diagnosed as having a disability of grade seven. In September 2013, Wang reached the age of 59 and requested to terminate his employment relationship with the company in order to receive a one-time employment subsidy. The company considered Wang’s request to be unreasonable and illegal, and refused to agree to it. In October 2013, Wang filed an arbitration application with the local labor dispute arbitration institution, seeking to protect his legitimate rights and interests under work-related injury insurance.
For work-related injuries that occur near retirement, it is handled as a regular retirement; it seems a bit late, I wonder if the deadline has passed?
In accordance with Article 37 of the Regulations on Work-related Injury Insurance, employees who are disabled as a result of work injuries and are classified as having disabilities from grade 7 to grade 10 are entitled to the following benefits: (1) A one-time disability allowance is paid from the work-related injury insurance fund based on the degree of disability; the amount is 13 months’ worth of the employee’s own salary for grade 7 disability, 11 months’ worth for grade 8 disability, 9 months’ worth for grade 9 disability, and 7 months’ worth for grade 10 disability； (II) If the labor or employment contract expires and comes to an end, or if the employee himself/herself requests to terminate the labor or employment contract, a one-time medical allowance for work-related injuries shall be paid from the work-related injury insurance fund, while a one-time employment allowance for disability shall be paid by the employer. The specific standards for one-time work-related injury medical benefits and one-time disability employment benefits are set by the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government. Based on the above provisions, Wang’s request is reasonable
Articles 36 and 37 stipulate that employees with work-related injuries classified as grades 5 to 10 may receive a one-time employment subsidy after terminating their labor relationship with the employer.