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58.Do casual employees and employees on Irregular s and General Work Hours have medical leave entitlement when they are sick?

58.Do casual employees and employees on Irregular s and General Work Hours have medical leave entitlement when they are sick?

Answer: Whether casual employees are entitled to sick leave, as full-time employees are, is not explicitly stated in the laws and regulations. Employers are only required to contribute to work injury insurance and bear the responsibility for work-related compensations for casual employees, without the obligation to contribute to other types of social insurance programs, includingRead more about 58.Do casual employees and employees on Irregular s and General Work Hours have medical leave entitlement when they are sick?[…]

59.How long medical care leave can an employee with a cancer get?

59.How long medical care leave can an employee with a cancer get?

Answer: Regarding the matter of medical care leave for employees with cancers or other special diseases, former Ministry of Labor¡¯s 1994 ¡°Notice on Implementing the Regulations on Medical Care Leave for Enterprise Employees with Illness or Non-work-related Injuries¡± has provided ambiguously for a 24-month medical care leave. This document and provisions have led to aRead more about 59.How long medical care leave can an employee with a cancer get?[…]

60.What should I do if an employee of my company has not recovered after the expiration of the medical care leave?

60.What should I do if an employee of my company has not recovered after the expiration of the medical care leave?

Answer: The law stipulates that the purpose of the medical care leave for illness or non-work-related injuries is, on the one hand, to ensure employees¡¯ entitlements to medical care leave during the period of treatment for the sick or injuries and, on the other hand, to set an upper limit of liability for the employer,Read more about 60.What should I do if an employee of my company has not recovered after the expiration of the medical care leave?[…]

61.The labor capacity appraisal has a conclusion after my medical care leave expires. What should I do?

61.The labor capacity appraisal has a conclusion after my medical care leave expires. What should I do?

Answer: The standard for labor capacity appraisal for employees who suffer illnesses or non-work-related injuries is the same as that applies to the appraisal for employees who suffer work-related injuries or occupational diseases. The conclusions of these appraisals reflect the state of employees¡¯ labor capacities or disability levels. According to the 1994 Regulations on MedicalRead more about 61.The labor capacity appraisal has a conclusion after my medical care leave expires. What should I do?[…]

62.I suffer from a chronic illness and am currently in a lawsuit with my employer. Must I go to work?

62.I suffer from a chronic illness and am currently in a lawsuit with my employer. Must I go to work?

Answer: An employee must abide by the employer’s company rules during the employment relationship. If you are sick and unable to go to work, you should communicate with your employer in a timely manner and provide a medical leave certificate from the medical institution so that you may take leave and get sick leave treatments.Read more about 62.I suffer from a chronic illness and am currently in a lawsuit with my employer. Must I go to work?[…]

63.What circumstances should be identified as work-related injuries?

63.What circumstances should be identified as work-related injuries?

Answer: Identification of work-related injuries is a complex problem in practice. work-related injuries normally include the following circumstances. The first situation is the most typical work-related injuries, including accidental injuries and occupational diseases that occur in workplaces during work time for work reasons. The second is accidental injuries on the way related to work, includingRead more about 63.What circumstances should be identified as work-related injuries?[…]

64.What is occupational disease?

64.What is occupational disease?

Answer: Occupational diseases are specific diseases that employees suffer from due to their work in employment. According to the 2018 Occupational Disease Prevention and Control Law, whether an employee’s illness is an occupational disease depends on two conditions being met at the same time: one is that the illness is caused by “occupational activities”, andRead more about 64.What is occupational disease?[…]

65.What types of diseases are occupational diseases?

65.What types of diseases are occupational diseases?

Answer: According to the provisions of the Classification and Catalogue of Occupational Diseases in 2013, occupational diseases include: occupational pneumoconiosis and other respiratory diseases, occupational skin diseases, occupational ophthalmopathy, occupational ear, nose, throat, and oral diseases, occupational chemical poisoning, occupational diseases caused by physical factors, occupational radiation disease, occupational infectious disease, occupational tumor and otherRead more about 65.What types of diseases are occupational diseases?[…]

66.What are the entitlements for employees with work-related injuries or occupational diseases?

66.What are the entitlements for employees with work-related injuries or occupational diseases?

Answer: The entitlements for employees with work-related injury and occupational disease are collectively referred to work injury entitlements under employment law. Employers should treat all types of employees who suffer from work-related injuries and occupational disease equally, including casual employees and employees on irregular and general work hours. The work injury entitlements include two parts:Read more about 66.What are the entitlements for employees with work-related injuries or occupational diseases?[…]

46.How to establish more reasonable legal rules for judging the invalidity of labor dispatch?

46.How to establish more reasonable legal rules for judging the invalidity of labor dispatch?

Answer: As shown in Is my labor dispatch contract invalid? there is a framework defect in the law of invalidity of labor dispatch in China, and this answer article analyses and deduces a more reasonable framework to assess the invalidity of labor dispatch. Combined with the analyses of the current judicial decisions and according toRead more about 46.How to establish more reasonable legal rules for judging the invalidity of labor dispatch?[…]