Research On The Right Guarantee System Of The Right To Medical Leave

With the development of social security system in our country,the protection of the rights of sick workers has been paid more and more attention.However,up to now,China's laws and regulations for the protection of the right to sick leave and related rights are limited to the main body of wage burden during illness,the minimum wage standard,the wage standard corresponding to the length of service in the enterprise,the sick leave and the time standard of medical treatment period.From the above provisions,it is not difficult to see that there are lagging behind and legal inadaptability in the study of the right to sick leave security system in China.Therefore,this paper attempts to analyze the related issues of the sick leave right protection system,preliminarily analyze the current situation of the sick leave right protection system in China,and then put forward suggestions to improve the sick leave right protection system.Firstly,this paper defines the concept of the right to sick leave by summarizing and drawing on the views of other scholars,and combs the relevant basic theory of the right to sick leave.Secondly,it mainly analyses the advantages of the foreign system of guaranteeing the right to sick leave from two aspects of procedure and entity,and draws lessons from the progress of foreign legislation.From the procedural point of view,the protection system of the right to sick leave abroad has certain flexibility;from the substantive point of view,the protection system of the right to sick leave abroad effectively guarantees the rights and interests of sick workers during the period of sick leave.Thirdly,from the point of view of procedure and entity,this paper analyses a series of problems that our country is facing in the protection system of the right to sick leave at the present stage.Procedurally speaking,at the present stage in our country,the application procedure only relies on the unit management power to restrict,and there is no clear application time,application subject and application criteria.In substance,from the perspective of workers,the wage standard during illness is too low to guarantee the basic life of workers during illness;from the perspective of employing units,the employing units alone bear the wages of workers during illness leave,which will cause excessive economic pressure on enterprises.Finally,in view of the problems faced by the above-mentioned protection system of the right to sick leave in China,this paper puts forward relevant suggestions for improvement.The perfection of the procedure of the protection system of the right to sick leave should be specified in the application procedure,including the time,subject,content and method of application.In terms of relief procedure,it is proposed to start with pre-relief and post-relief.In terms of pre-relief,it is proposed to give full play to the functions of trade unions and to strictly supervise the rules and regulations of employing units and labor contracts.In the aspect of afterwards relief,it is proposed to adopt industrial mediation as a necessary relief way for disputes over the right to sick leave.The improvement of the entity of the system for the protection of the right to sick leave,including from the perspective of workers,can raise the minimum wage standard for workers during sick leave at the present stage,and the State formulates a new minimum wage standard.At the same time,the local government can properly raise the local standard on the basis of the national standard to ensure the basic life of sick workers;from the perspective of employers,the minimum wage standard for workers during sick leave can be raised.During the period of sick leave,the main body of wage burden should change from the mode of enterprise's full burden to the mode of enterprise and society's sharing,so as to lighten the economic burden of enterprises.At the same time,on this basis,further weakening the management authority of the unit,in order to ease the contradiction between the sick workers and the employing units,and ensure the realization of the workers' right to sick leave.