Study On The Improvement Of Laborers’ Medical Insurance Mechanism

In recent years,the number of labor dispute cases in my country has repeatedly hit new highs,and labor relations have become more complex,the demands of both parties have become more diverse,and the legal issues involved have become more difficult to adjudicate.The COVID-19 outbreak that broke out in early 2020 not only brought huge pressure on employers,but also seriously threatened workers’ right to life and health.The medical period security mechanism is a security mechanism designed to ensure that workers can maintain a normal life when they are ill or injured at work.Social responsibility,thereby promoting the establishment of harmonious and stable labor relations.With the development of my country’s society,the imperfections in the current legal system on the protection of workers’ medical treatment period have become increasingly prominent,especially in terms of the calculation method of the medical treatment period and the calculation and payment of wages and benefits related to the medical treatment period.Certainly perfect.At present,the relevant legal provisions on the guarantee mechanism of workers’ medical treatment period in my country are relatively abstract and vague,and there is no uniform legal application standard for the remuneration and treatment of workers during the medical treatment period.In addition,my country’s labor law academia has long had few research results on laborers’ medical period security,which has limited guidance on the improvement of the system,which has brought a lot of inconvenience to judicial practice.In order to improve the guarantee mechanism for workers’ medical treatment period,we must first collect and sort out the judgment documents of cases involving medical treatment period in judicial practice,and understand the current problems in its operation through analysis.At the same time,through research on the historical evolution of relevant laws and regulations,it is necessary to understand the connotation of the medical period guarantee mechanism for workers,and distinguish it from the easily confusing concepts such as work injury and sick leave.Through learning and understanding,it is concluded that the problems existing in the current labor medical period security mechanism mainly include two aspects: first,the calculation method of the medical period,which specifically includes the insufficiency of the calculation method of the medical period for common diseases of the laborers,and the medical treatment for special diseases.Second,the issue of wages during the medical treatment period,specifically including the calculation method of the employee’s salary during the medical treatment period,the main body responsible for the employee,the unreasonable social security payment base of the employee during the medical treatment period,and the fact that the employee’s salary during the medical treatment period is unreasonable.There are legislative gaps in the medical subsidies that the employer needs to pay for the termination of the labor contract when the employer fails to recover.To solve these problems,we need to improve the calculation method of the medical treatment period,including reconstructing the calculation method of the medical treatment period for workers,canceling the cumulative period,and clarifying that the medical treatment period for special diseases should not be uniformly identified as 24 months;The wages during the medical treatment period shall be calculated on the basis of the average wage of the workers before the sick leave,rather than 80% of the local minimum wage can not be applied across the board,and shall be jointly borne by the employer and the state;For payment issues,the salary during the medical period shall be used as the payment base;and a reasonable medical subsidy payment standard shall be established.