[Direct answer]In the Beijing area, in principle, the labor relationship is preserved and the employer cannot arbitrarily terminate it. However, the injured worker himself/herself can initiate the termination. Article 36 of the "Regulations on Work-Related Injury Insurance" (amended in 2010) stipulates that if a worker is determined to have a level 5 or level 6 work-related injury disability, the labor relationship with the employer shall be preserved, and the employer shall arrange appropriate work for the worker; if it is difficult to arrange work, the employer shall pay the worker a disability allowance on a monthly basis, with the standard being 70% of the worker's salary for level 5 disability and 60% of the worker's salary for level 6 disability. The employer shall also pay all social insurance premiums as required. Upon the request of the injured worker, the worker may terminate or end the labor relationship with the employer, and the work-related injury insurance fund shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy. Therefore, the employer may not unilaterally terminate the relationship on the grounds of disability; if the worker initiates the termination, he/she may obtain the corresponding subsidies in accordance with the law.

I. Problem Background and Typical Scenarios

After being identified as having a level 5 disability, injured workers often find it difficult to perform their original duties. Employers may want to terminate or force them out of the workplace, while workers are worried about losing their employment relationship and benefits. Some workers hope to find another job after receiving compensation, but they are not sure whether they can terminate the employment contract and what kind of compensation they can receive. Clarifying the rules is essential to making informed decisions.

II. Key points of dispute

First, how to arrange the labor relationship for a worker with a level 5 disability. Second, the calculation standard and payment subject of the disability allowance. Third, the conditions and consequences of the worker's proposal to terminate the contract. Fourth, the payment subject of the two one-time subsidies. Fifth, the remedies for the unit's illegal termination of the contract.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case involving twelve workers who were illegally dismissed. A company issued termination notices to twelve employees, unilaterally terminating their labor contracts on the grounds that the recruitment procedures were found to be irregular during inspections. After accepting the case, the lawyer pointed out that: the labor relationship is established from the date of employment, and the written contract becomes effective upon signing and stamping by both parties. The filing with the human resources and social security authority is not a prerequisite for effectiveness; internal approval procedures are part of the company's management process and cannot be used to oppose workers' rights; and the rectification through inspections and audits does not constitute a legal basis for unilateral termination. The company's dismissal was ultimately determined as illegal termination in arbitration, first-instance, and second-instance trials, with the court ruling in favor of the workers and ordering the continuation of the labor contract. This case demonstrates that employers must have legal grounds for terminating labor relationships, otherwise they will be deemed to have acted illegally. Regarding the fifth-level work-related injury: first, the law explicitly preserves the labor relationship, and the employer cannot unilaterally terminate it on the grounds of disability; second, if it is difficult to arrange work for the employee, the employer must pay a disability allowance equal to 70% of the employee's monthly salary and contribute to social insurance; third, upon the employee's request, the labor relationship may be terminated or discontinued, with the fund paying a one-time work-related injury medical subsidy and the employer paying a one-time disability employment subsidy; fourth, if the employer terminates the relationship illegally, the employee may demand continued performance or seek compensation; fifth, the subsidy standards are determined by provinces, autonomous regions, and municipalities directly under the central government, and must be calculated according to local standards. This case was handled by Beijing Henglue Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the conclusion of the disability rating assessment and the insured status; Second, require the employer to arrange appropriate work or pay disability allowances according to law; Third, if the employee decides to terminate the employment contract, he/she shall submit a written request and claim two types of compensation; Fourth, if the employer terminates the contract illegally, the employee shall promptly apply for arbitration to require the employer to continue to perform the contract or make compensation. For matters related to work-related injury insurance benefits, please refer to the relevant provisions.Labor arbitration and work-related injury compensationFor cases involving labor disputes, you can refer to the following provisions:Special servicesLegal basis: Article 36 and Article 62 of the "Regulations on Work-Related Injury Insurance" (amended in 2010), Article 42 of the "Labor Contract Law of the People's Republic of China" (regarding circumstances under which dismissal is not permitted) and related provisions. The specific application shall be subject to the currently effective laws and regulations and local standards.

5. Henglu Law Firm's Advice

Firstly, in principle, the employment relationship is maintained for workers with a level 5 disability, and the employer is not allowed to terminate the relationship at will. Secondly, if the employer finds it difficult to arrange work for the employee, the employer shall pay a disability allowance and pay social insurance premiums for the employee. Thirdly, the employee can only obtain the two subsidies if he/she initiates the termination of the employment relationship. Fourthly, if the employer terminates the employment relationship in violation of the law, the employee may demand that the employer continue to perform the employment contract or pay compensation. For disputes involving the treatment of level 5 work-related injuries and employment relationships, the employee may seek resolution through legal channels.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which can be integrated with the handling of labor disputesSpecial servicesFor more information on compliance with employment regulations in enterprises, please refer to the relevant section.Business and contract disputes in enterprisesFor the column, if you have any questions regarding personal injury, you can consult usPersonal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: If I suffer from a level 5 work-related injury, can the company dismiss me?

Generally, this is not allowed. For workers with level 5 or level 6 disabilities, the employment relationship should be maintained, and the employer should arrange suitable work for them. The employer is not allowed to unilaterally terminate the employment contract on the grounds of the worker's disability. If the employer unlawfully terminates the contract, the worker may demand that the contract be continued or claim compensation.

Q2: How much is the disability allowance?

For those who have difficulty arranging work, the disability allowance for the fifth-level disability is 70% of their monthly salary, and for the sixth-level disability, it is 60%. The allowance shall be paid by the employing unit on a monthly basis, and the social insurance premiums shall be paid in accordance with the relevant regulations.

Q3: Is it okay for me to resign?

Yes. Upon the request of the injured worker, the labor relationship with the employer may be terminated or discontinued, and the work-related injury medical subsidy shall be paid by the work-related injury insurance fund, while the one-time disability employment subsidy shall be paid by the employer.

Q4: Who grants the two grants?

The one-time work-related injury medical subsidies are paid by the work-related injury insurance fund, and the one-time disability employment subsidies are paid by the employing units. The specific standards are stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and are calculated according to local standards.

Q5: What should I do if the company forces me to leave?

Keep the communication and evidence, and clearly refuse to terminate the contract illegally; you can apply for labor dispute arbitration and request to continue to perform the labor contract or to pay compensation for illegal termination. If necessary, you can file a complaint with the labor supervision department.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.