[Direct answer]It shall be paid by the employing unit. According to Articles 36 and 37 of the Regulations on Work-Related Injury Insurance (amended and implemented on December 20, 2010): For workers with disabilities at levels 5 to 10, the one-time disability employment subsidy shall be borne by the employing unit when the labor relationship is terminated or ended, while the one-time disability subsidy and the one-time work-related injury medical subsidy shall be paid by the work-related injury insurance fund — the two subsidies come from different sources, so don't confuse the entities responsible. If the unit has not participated in the insurance, all benefits shall be paid by the unit according to statutory standards. The standards shall be implemented in accordance with local regulations. For Beijing, the corresponding monthly standards for different levels shall be subject to the current regulations. The reason for leaving the job (expiration of the contract, the worker's own initiative) also affects whether the benefits can be enjoyed.

1. Problem background and typical scenarios

The employee was rated as having a level 10 work-related injury, and when the contract expired and the employer did not renew it, the employee was confused about the compensation list: Which of the three payments should be paid by whom? In reality, many employers lump all three payments together and say "they're all from the company" or "they're all from social insurance". As a result, employees end up running around to claim their benefits and receiving reduced compensation. The distinction between the payers directly determines who to claim the money from.

II. Key points of dispute

1. The main division of the first three payments and the demarcation between the fund and the unit. 2. The conditions for entitlement and the difference between voluntary resignation and contract termination. 3. The determination of standards and the application of local regulations. 4. The responsibility of the unit to make up for the shortfall when it fails to provide social insurance coverage.

III. Professional analysis by Henglue Law Firm

The main division begins with establishing the framework: Among the "three compensations" for work-related injuries, the one-time disability compensation (obtained upon disability assessment) and the one-time work-related injury medical compensation (obtained upon resignation) are paid by the work-related injury insurance fund, while the one-time disability employment compensation (obtained upon resignation) is paid by the employer—the first two are handled by social insurance agencies, and the latter by the employer, as explicitly stipulated in the "Regulations on Work-Related Injury Insurance". Conditions and exceptions must be carefully calculated: For level 7 to 10 disabilities, only the two one-time compensations (the fund's medical compensation plus the employer's employment compensation) are paid if the labor contract expires or the employee initiates termination; for cases where the employer unilaterally terminates the contract illegally, claims for employment compensation and compensation must be evaluated on a case-by-case basis; for levels 5 to 6 disabilities, employees can also claim the same benefits. Standards apply: The specific number of months and base amounts for the two compensations are determined by provincial regulations. In Beijing, they follow the local work-related injury insurance rules, with the base amount typically calculated based on the employee's salary at the time of termination or resignation. Employers should be cautious if they use the "minimum wage" to calculate the amount. Three high-conflict scenarios exist: 1. Employers failing to legally insure—all work-related injury compensations must be paid by the employer according to legal standards, including those that should be covered by the fund. Employees should not accept the argument that "no compensation is due due to non-insurance". 2. Reversed resignation procedures—employers induce employees to "voluntarily resign" before refusing to pay employment compensation. Active resignation is one of the legal conditions for level 7 to 10 disabilities to receive employment compensation, but the evidence of the inducement process (recording conversations, chat records) determines the validity of other claims such as compensation. Employees must clarify legal consequences before signing any documents. 3. Base amount disputes—if the employee's salary is below 60% of the average wage in the collective insurance area, it is calculated at 60%; if it exceeds 300%, it is capped at 300%. Whether overtime pay and bonuses are included in the employee's salary is a common point of contention. Practical advice: - During resignation settlement, verify the payment subjects and standards of the three compensations one by one and confirm them in writing. - For employers refusing to pay employment compensation, first claim the benefits through labor arbitration. The arbitration statute of limitations is one year, starting from the date the rights are infringed. - Prepare materials (work-related injury identification certificate, labor capacity assessment conclusion, termination certificate) in advance for the social insurance fund's portion and handle all procedures at once. The overall process for claiming work-related injury benefits in Beijing is generally standardized, but the completeness of materials and the wording of resignation documents are two key variables.

IV. Practical suggestions and legal basis

The first step is to verify the level of the conclusions of the work-related injury identification and labor capacity assessment; the second step is to check the three social insurances' subjects, base amounts, and months of payment item by item in the severance settlement document; the third step is to collect the termination documents and wage records from the employer if they refuse to pay, and apply for arbitration within the one-year statute of limitations; the fourth step is to direct all benefits to the employer if there is no social insurance coverage. The main legal basis: Article 36, 37, and 62 of the "Regulations on Work-Related Injury Insurance" (revised and implemented on December 20, 2010); the provisions on work-related injury insurance benefits in the "Social Insurance Law of the People's Republic of China" (amended and implemented on December 29, 2018); the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points about employment subsidies: the fund provides medical subsidies, the employer provides employment subsidies, and the main beneficiary should not be mistaken; active resignation is also eligible for subsidies, and the eligibility criteria should be referred to the relevant regulations; uninsured employers are fully responsible for the subsidies, and claims must be filed within one year of the arbitration. For disputes involving work-related injury benefits, you can refer to the relevant provisions for resolution.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which includes reference materials for handling resignation procedures and resolving disputesSpecial servicesThe implementation of the salary and benefits for the position can be discussed further.Creditor's rights and debts, and enforcementFor any questions regarding social security compliance, please feel free to consult us via the columnBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: What is the calculation standard for the employment subsidy?

It is calculated by multiplying the number of months stipulated by the province by the base amount, which is usually linked to the worker's own salary and the average salary of workers in the pooled area. For those whose salary is less than 60% of the average social wage, it is calculated at 60%; for those whose salary exceeds 300% of the average social wage, it is capped at 300%.

Q2: Can I still receive employment subsidies if I resign on my own?

For workers with disabilities at grades 7 to 10 who request to terminate their labor contracts, they may, in accordance with Article 37 of the Regulations, claim a one-time work-related injury medical subsidy and a one-time disability employment subsidy; voluntary resignation due to work-related disabilities is one of the statutory circumstances for receiving such benefits.

Q3: What should I do if my employer hasn't purchased work injury insurance for me?

The benefits that should be paid by the fund shall be paid by the employing unit in accordance with the items and standards prescribed by the regulations. Employees may first negotiate and then arbitrate. The social security inspection may concurrently investigate the responsibility for non-participation in insurance.

Q4: How much does it cost to claim employment subsidies?

Labor arbitration is free of charge, and the attorney's fees are negotiated based on the amount of the claim. For disputes with clear one-time amounts and concentrated evidence, the period and cost of professional intervention can be controlled. It is advisable to first calculate the compensation and then take action.

Q5: How long will it take to receive this money?

A consensual settlement payment upon resignation; the arbitration process takes several months to be concluded. If the employer fails to pay after the arbitration decision takes effect, the employee can apply for enforcement. The whole process is calculated on a monthly basis, and the key to expediting the process is to ensure that all the required materials are complete.

The above Q&A is mainly based on the judicial practice in Beijing. 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence 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 public adjudication rules, and is 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 the event of a dispute, please consult a practicing lawyer in time.