Shanxi: The labourer is ill can't work Unit should medical treatment is subsidized

Shanxi: The labourer is ill can't work Unit should medical treatment is subsidized
Du ZheRong
How to protect the rights and interests of labourer of the part-time recruitment? Retired personnel and students at school will go " Work as a temporary labourer " How to and sign the contract in the employing unit? On September 24, " regulations of labour contract of Shanxi " is voted through by 11 12th sessions of Standing Committee of the National People's Congress of province, will implement since January 1, 2010. Regulations divide seven chapter 44 into together, base on, maintain, work well the intersection of people and unit and the intersection of labourer and of both sides interests, standardize the management of the labour contract through the legal provision, solve the practical problem of working in the relation. Conclusion of the labour contract
The employing unit employs and uses a labourer, can't arrest the labourer's resident card and other certificates, can't require tendering guarantee, deposit or other property of the labourer.
The employing unit should keep to the labourer's personal information secret, besides in accordance with the law open content, without labourer oneself's consent, can't disclose its personal information.
Employing units and labourers are consensus, can conclude and fix the labour contract of time limit, there is no labour contract of fixed time limit or in order to finish the labour contract that certain task restricts by a definite date.
The employing unit concludes the agreement of retiring of inside but not concludes written labour contract with the labourer, the relation of working is stored and continued, the rights and obligations of both sides are agreed on by the agreement of retiring of inside.
Labourer and employing unit have not removed yet or stopped relation of working, through consulting with employing unit, can conclude the labour contract with other employing units, the new employing unit should perform duty of paying the social insurance premium for the labourer; Labourer and former employing unit are consensus, can be paid by the former employing unit too. Performance of the labour contract
The employing unit should be according to agreement and national relevant regulations of the labour contract, full-amount on time to pay the salary to the labourer, can't substitute the currency with material object to pay. The salary which the employing unit paid to the labourer, can't be lower than the local lowest wage standard that the provincial government stipulate.
Employing units and labourers are consensus, can suspend fulfilling the labour contract. Suspend fulfilling it during the labour contract, employing unit and the labourer both sides delay fulfilling the relevant rights and obligations of the labour contract. Consult and suspend fulfilling the labour contract, both sides should agree on the labour contract for time limit or terms fulfilled in writing. Suspend fulfilling it during the labour contract, does not charge to labourer's length of service in the employing unit. The situation of suspending fulfilling the labour contract disappears, except that the labour contract has been already unable to fulfil, the labour contract should resume fulfilling. The cancelling of labour contract, with lapse
Cancel the labour contract under 11 kinds of situations, the employing unit does not pay the compensation payment
The labourer has one of the following situations, cancel with the employing unit or terminate the labour contract, the employing unit needn't pay the economic compensation payment: Proved not to be qualified to employ during trying out; Rules and regulations of violating the employing unit and working seriously; Neglect one's duty seriously, engage in fraud for selfish ends, cause great damage to employing unit; Investigated criminal liability in accordance with the law; Establish the relation of working with other employing units at the same time, cause serious influence in finishing the task of our unit, or the employing unit proposes, refuse to correct; By means of swindling, coercing etc., use people's unit to conclude or alter the labour contract against true intension to cause the labour contract to be invalid; Since requesting in writing to by the employing unit in one month from day of recruitment, do not conclude the labour contract with the employing unit and terminate relation of working yet; Propose it is consensus with the employing unit that cancels the labour contract; Tell the employing unit to cancel the labour contract in written form on the 30th ahead of time, or notify the employing unit and cancel the labour contract on the 3rd ahead of time within probationary period; The labour contract of fixed time limit expires and terminates, the employing unit keeps or improves the labour contract and agrees on the renewal labour contract of the terms, the labourer disagreed with renewal; Other situations that law, administrative statute stipulate.
The intersection of labourer and ill or situation of industrial injury
The labourer is ill or because the worker is injured, after fixed medical treatment expire, the employing unit should arrange for the labourer to work according to the qualification result of the evaluation committee of the above labour capacity of city of the setting up area; The labourer can't be engaged in original work, other ones that work and cancel the labour contract that can't be engaged in the employing unit made separate arrangementsing either, employing unit while paying their economic compensation, also should dispatch corresponding medical allowance in accordance with relevant State regulations.
Labourer because worker to suffer from occupational disease in our unit, by setting up area the intersection of city and the intersection of labour capacity and evaluation committee the above confirm losing or some disability, the labour contract is carried out according to the following regulations: Identified as from 1 grade to 4 grades of wounded or disabled ones, the employing unit can't cancel or terminate the labour contract with the labourer, the labour contract should last till it legal retirement age; Ones that are identified as 5, 6 grades of disability, keep the work relation with the employing unit, by the appropriate work of the arrangement of employing unit. The labourer proposes cancelling with the employing unit or terminating the labour contract in person, pay lump-sum the intersection of industrial injury and medical subsidy and wounded or disabled to obtain employment subsidy according to relevant regulation by employing unit; Identified as from 7 grades to 10 grades of wounded or disabled ones, the labour contract expires and terminates, or is proposed cancelling the labour contract in person by the labourer, pay lump-sum the intersection of industrial injury and medical subsidy and wounded or disabled to obtain employment subsidy according to relevant regulation by employing unit. Special regulation
Hourly worker: It is formal to implement the part-time recruitment, can conclude the written labour contract, also can conclude the oral contract. The recruitment labour contract of part-time is terminated, the employing unit does not pay the economic compensation.
Retired personnel and students at school: The employing unit employs basic endowment insurance treatment personnel by already enjoying or reaches personnel at legal retirement age, and the students over 16 years old take a part-time job while studying at school, both parties should conclude the written agreement, agree on on items such as labour remuneration, labour protection, labour condition,etc., define the rights and obligations of both sides.
Miner: Employ and engaged in working the labourer in the pit, the employing unit should follow the requirement of the work in the pit, consult with labourer and confirm the contract term of working, the time limit of the labour contract is generally no less than 3 years.
Labor service is sent: It should be with sending the labourer to conclude the labour contract that labor service sends the unit, and the one that fulfil the employing unit of provision of the law or regulation of labour contract and should fulfil and obligation that the labour contract agrees on. Labor service sends the unit to send the unit conclusion labor service of the formal recruitment to send the agreement with accepting with labor service, agree to send post, personnel's quantity, labour remuneration, social insurance premium, labor service to manage the service charge (used after an attribute)
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