China’s employment law is a law that confuses many foreign investors or foreign employees in China. They feel that the legal provisions of the employment law are inconsistent with court decisions, and a same situation often leads to an opposite result. In my two decades as a Chinese lawyer and part-time labor arbitrator, I have often felt this confusion.
Answer: Work injury recurrence refers to the situation in which an employee has had a work-related injury or occupational disease and has recovered or stabilized after a period of treatment and recuperation, but later the same injury or disease recurs again. Work injury recurrence also includes the recurrence of old injuries of demobilized soldiers. EmployersRead more about 67.How do we handle work injury recurrence?[…]
Answer: The nature of paid work injury leave is that employers bear the obligation of wage pay during the period while the employees stop work for treatments of their work injuries (including work-related injuries and occupational diseases). It is a special situation in practice that an employee who is entitled to a paid work injuryRead more about 68.I did not stop work after my work-related injury. Can I request both my actual wages and my work injury leave pay?[…]
Answer: In principle, if an employee suffers from a third party’s tort damage and is identified as a work-related injury, the employee has the right to claim both against the tortfeasor and the subjects of work-related injury obligations (including the social insurance institutions and the employer). Article 8 of the Provisions of the Supreme People’sRead more about 69.An employee who suffered a car accident injury on his way home has been compensated by the at-fault party. Can he additionally get work injury entitlements?[…]
Answer: The general principle of employment law is to provide protection for employees to cure their injuries as far as possible, and to set the paid work injury leave as the upper limit of the employer’s obligation for injured employees. If an employee has not recovered after the expiration of the paid work injury leaveRead more about 70.What should I do if an employee of my company has not recovered after the expiration of the paid work injury leave?[…]
Answer: The duration between expiry of paid work injury leave and processing of labor capacity appraisal application is a special period of time, during which both the employer and employee need to wait for the labor capacity appraisal result in order to decide whether the employee should be entitled to compensations from the Work InjuryRead more about 71.My paid work injury leave has expired, but the application for labor capacity appraisal is being processed. How should the employer pay my wage?[…]
Answer: If an work-injured employee has not yet recovered and needs treatment after the expiration of the paid work injury leave, they need to apply for an extension of the paid work injury leave. The application for such extension shall be submitted by the employee (or the employer) to the relevant labor capacity appraisal committee,Read more about 72.How do our company handle matters related to the application for extension of the paid work injury leave?[…]
Answer: The purpose of labor capacity appraisal after an employee suffers work-related injury or occupational disease is to determine the disable class or labor capacity of the employee, in order to decide how to deal with the employment relationship and how the Work Injury Insurance Fund and the employer compensate and support the employee. AfterRead more about 73.What should we do upon the completion of the labor capacity appraisal for an employee with a work-related injury or an occupational disease?[…]
Answer: If you have not been exposed to pneumoconiosis related occupational hazards after you left your employer, the employer may still needs to assume the responsibility for pneumoconiosis that is discovered after the termination. Articles 8 and 9 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning theRead more about 74.If I develop pneumoconiosis after leaving my job, should the employer bear the responsibility?[…]
Answer: When an employee is diagnosed with an occupational disease while working for their current employer, the question of liability arises for both the former and present employers. Liability and the extent thereof depend on the off-role and pre-role occupational health examinations of the employee, as well as the status of the occupational hazards inRead more about 75.Which employer is liable for the work injury of pneumoconiosis suffered by an employee who had been exposed to dust in workplaces of both former and current employers?[…]
Answer: Mental damages is a legal concept used in Chinese civil law, specifically in the realm of tort law, and is rarely applied in the field of employment law. The issue of claiming mental damages for severe loss of labor capacity due to occupational diseases or work-related injury is currently handled differently by courts aroundRead more about 76.If I suffer from occupational diseases or work-related injuries that lead to serious loss of labor capacity, should the employer compensate me for mental damages?[…]
