Legal Gas Station If you suddenly fall ill during work and die one month later, it is a non-work-related death, and the relatives of the deceased employee can enjoy the non-work-related death treatment, and the non-work-related death treatment is inconsistent in each province and municipality directly under the Central Government. According to Article 10 of the Interim Provisions on Death Pension Benefits for Employees of Enterprises in Guangdong Province, "If an employee (including retirees) dies due to illness or non-work-related injury, he or she shall be granted a funeral subsidy, a one-time relief fund for supporting his immediate family members (or a living allowance for supporting his immediate family members), and a one-time pension. Standard of funeral subsidy: monthly salary (monthly salary is calculated according to the local average monthly social wage of the previous year, the same below);Standard of one-time benefit for supporting immediate family members: monthly salary;One-time pension standard: monthly salary for active employees;Retirees' monthly salary. In the event of the death of a retiree who has participated in social endowment insurance, the local social insurance institution shall pay benefits in accordance with the relevant provisions of endowment insurance;If an employee of an enterprise in Guangdong Province dies, the employee's relatives are entitled to three expenses: funeral subsidy, one-time relief for supporting immediate family members (or living allowance for supporting immediate family members), and one-time pension.
Real case: On June 14, 2019, Huang and Liu, a husband and wife, joined the "XX Garment Factory" in Humen, Dongguan City, Guangdong Province, with a piece-rate salary, no labor contract, no social insurance, and no work permit, work clothes, etc. On July 23, 2019, Huang suddenly stood unsteadily when he was about to pick up new pieces in the parking space when he was at work, and was found by Liu and held on to the ground, Liu immediately dialed 120 emergency ** for help, because Liu did not know the specific address of the garment factory, the manager of the garment factory, Zhou, introduced the address to the ** personnel in **, Huang was hospitalized in the Second People's Hospital of Humen, Dongguan City, and was transferred to the People's Hospital of Xingguo County, Jiangxi Province on July 25, 2019** On July 31, 2019, he was transferred to Fengbian Township Health Center in Xingguo County for hospitalization**, and died on August 5, 2019 due to ineffective treatment. On September 1, 2019, Huang's wife, Liu, went to the law firm to consult on later compensation matters, and under the guidance of the lawyer, she immediately called ** to Zhou, the manager of the garment factory, and recorded the record, confirming the fact that Huang suddenly fell ill while working in the garment factory.
Rights protection process: After Liu and his children appointed a lawyer, they applied to the Dongguan Labor and Personnel Dispute Arbitration Commission for labor arbitration, and the arbitration award rejected all the application requests. After filing a lawsuit with the Second People's Court of Dongguan City, the Second People's Court of Dongguan City ruled that the defendant Dongguan XX clothing *** should pay the funeral subsidy 14684 to the plaintiffs Huang XX, Hu XX, Liu XX, Huang XX, Huang XX and Huang XX within five days from the date of the legal effect of this judgment5 yuan, a one-time relief of 29,369 yuan for supporting immediate family members and a one-time pension of 29,369 yuan. The enterprise appealed against the judgment, and finally the Dongguan Intermediate People's Court rejected the appeal and upheld the original judgment.