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按照《工伤保险条例》的规定,五级、六级伤残职工本人提出与用人单位解除或者终止劳动关系,由用人单位支付一次性伤残就业补助金。但是对于五级、六级伤残职工在即将达到退休年龄之前,要求与用人单位终止劳动关系,从而领取一次性伤残就业补助金的问题,《工伤保险条例》并没有直接给出答案,由此,不仅引发一些人的念想,也引发一些争议和诉讼。本案分析为解决这一问题提供了参考。
According to the provisions of the “Industrial Injury Insurance Regulations”, grade 5 and 6 disabled workers themselves propose to terminate or terminate the labor relationship with the employer and pay the one-time disability employment subsidy by the employer. However, before the retirement age reaches the retirement age, employees with grade 5 and level 6 disabilities are required to terminate the labor relationship with the employer and receive a one-time disability employment subsidy. The Industrial Injury Insurance Ordinance does not give a direct answer from This not only triggered some people’s thoughts, but also lead to some controversy and litigation. The case analysis provides a reference for solving this problem.