A Research On Legal Issues Concerning Medical Period Of Sick And Injured Laborers In China

Currently,our country’s medical period of laborers who suffering from non-work-related illness or non-work-related injuries(medical period of sick and injured laborers for short)system mainly includes sick leave management,period of medical period of sick and injured laborers,treatment of medical period of sick and injured laborers.This system is of great significance for safeguarding the laborers’right to health and employment,reducing the burden on employers,promoting the sound development of enterprises,building harmonious labor relations and maintaining social order stability.However,since the implementation of the medical period of sick and injured laborers system over the past 20 years,the laborer law academic circles have always neglected the study of the medical period system of sick and injured laborers in China,which has led to the lack of further development and construction of the system,still in the imperfect and unsound state.Due to the fact that medical period of sick and inj ured laborers system in China has imperfect content,has not been revised for a long time,and has a low level of legal effectiveness,which is difficult to understand and apply to the medical period of sick and injured laborers system.This paper studies and discusses legal issues concerning medical period of sick and injured laborers system in China from four parts.The first part introduces the historical evolution of the medical period of sick and inj ured laborers system in China.It mainly discusses the medical period of sick and injured laborers system under the background of the planned economy period and the "Reform and Opening" period,and expounds the legislative background and legislative content of the medical period of sick and injured laborers system in different periods.It demonstrates the significance of the current medical period of sick and injured laborers system,and points out that it is imperative to improve and perfect the current medical period of sick and inj ured laborers systemThe second part introduces legal issues such as sick leave management.Firstly,defining the sick leave and the medical period of sick and injured laborers is two different concepts,and it demonstrates that there is a relationship between each other and a relatively independent relationship,which solves the confusion of how to use sick leave and medical period of sick and injured laborers in practice.Secondly,it explains the physical and procedural conditions for laborers to take sick leave.Finally,in view of the cumbersome approval of the sick leave procedure by the employer,the law does not clearly indicate the review right of the sick leave and the subject who bear to the review fee,and the law requires the medical certificate and other sick leave materials to be too general.Therefore,this paper proposes a procedure for simplifying the enterprise’s approval of sick leave,regulating the review rights and sub-contracts are required to bear the review fee,requirements of the sick leave materials such as review fees and detailed medical certificates,sugge stio ns fo r refining the contents and requireme nts of sick leave materials such as medical certificate s.The third part demonstrates the legal issues of the period of the medical period of sick and injured laborers.This part points out the legislative content of the period,insufficient design of the period system and the erroneous calculation basis of the period system.Design relevant improvement measures by drawing on the institutional experience of developed regions and countries.The specific measures are shown as follows:first,by clarifying that the laborer who have worked continuously for three months in the same employer is entitled to medical period of sick and inj ured laborers,distinguish between a maximum of 12 months of paid sick leave and a maximum of 12 months of unpaid sick leave to reduce the length of the long-term paid period;secondly,only consider the working qualification of the employee in the unit to calculate the medical period of sick and injured laborers(cycle is 3-24 months),no cycle to calculate the period,and abolish the cumulative period;finally,it is proposed to clearly define the meaning of special diseases.Once the laborers with special diseases meet the seniority conditions and are approved by relevant departments,they can enjoy exte nd ed medical period.In the fourth part,from the perspective of the treatment of the medical period of sick and injured laborer,this paper discusses three aspects which include the sick pay wage during the period,the dissolution compensation after the period expires,and the social mechanism of major diseases relief Firstly,the existing problem of wage during the period is analyzed,such as the standard of sick leave wage is not issued,the minimum standard is unreasonable,and the sick leave wage is confused with the disease relief.The paper proposes that the calculation base of sick leave wage is the monthly wage of the laborers’ normal attendance days,the calculation coefficient is 0.6,and not less than 80%of the minimum wage,and distinguish the sick leave wage and the disease relief Then,it analyzes the problems of the dissolution compensation after the expiration of the medical period of sick and injured laborer,and proposes to relax the conditio ns for the dismissal of laborers by employer.Judging from the actual situation,the laborer can complete the original work requirements,detailing the employer’s job requirements for the laborer,and canceling the improvement meas ures for the employer to pay the medical subsidy when dismissing the sick workers.Finally,it reveals the problems in the social mechanism of major illness relief in China,including the old system of resignation and the large differences in the content of regulations in various regions,and the implementation of the system of disability allowance under the social insurance law.In response to the above problems,it is proposed to abolish the system of resignation due to illness and establish a system of sickness and disability allowance.In the establishment and improvement of the system of sickness and disability allowance,the qualification conditions,corresponding payment forms and payment standards for the system of sickness and disability allowance shall be clarified.