Article 1 For the purposes of safeguarding the lawful rights and interests of enterprise employees during the period of illness or injury incurred at work, these Provisions are formulated in accordance with Articles 26 and 29 of the Labor Law of the People's Republic of China.
Article 2 The period of medical treatment refers to the time limit when the labor contract shall not be terminated for an employee of enterprises who stops working for medical treatment and rests due to illness or non-work-related injury incurred
Article 3 When any employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury incurred, the employee shall be given the period of medical treatment from 3 months to 24 months based on the number of years when the employee is actually in employment and the number of years when the employee is in employment with the enterprise:
(1) The employee who is in actual employment for less than ten years shall be given a period of medical treatment of three months or six months if the employee is in employment with the enterprise for less than five years or more than five years; or
(2) The employee who is in actual employment for more than ten years shall be given a period of medical treatment of six months, nine months, 12 months, 18 months or 24 months if the employee is in employment with the enterprise for less than five years, more than five years but less than ten years, more than 10 years but less than 15 years, more than 15 years but less than 20 years or more than 20 years.
Article 4 When the period of medical treatment is three months, the period shall be calculated by the accumulative time of sick rest within six months. When the period of medical treatment is six months, the period shall be calculated by the accumulative time of sick rest within 12 months. When the period of medical treatment is nine months, the period shall be calculated by the accumulative time of sick rest within 15 months. When the period of medical treatment is 12 months, the period shall be calculated by the accumulative time of sick rest within 18 months. When the period of medical treatment is 18 months, the period shall be calculated by the accumulative time of sick rest within 24 months. When the period of medical treatment is 24 months, the period shall be calculated by the accumulative time of sick rest within 30 months.
Article 5 During the period of medical treatment, the sick pay, disease relief fee and medical treatment shall be subject to relevant provisions.
Article 6 If the employee of an enterprise who incurs non-work-related disability or suffers from an illness that is difficult to treat as determined by the doctor or medical institution is unable to engage in his or her original work or any new work arranged separately by the employer when the medical treatment is concluded within the period of medical treatment, the labor appraisal committee shall make appraisal of the labor capacity of the employee by referring to the standards for appraisal of the degrees of disability caused by work-related injury and disease. If the labor capacity of the employee is appraised to be at degree 1 to degree 4, the employee shall leave the work position, terminate labor relationship, handle formalities for retirement or resignation from office and are entitled to retirement or resignation treatment. If the labor capacity of the employee is appraised to be at degree 5 to degree 10, his labor contract shall not be revoked during the period of medical treatment.
Article 7 If the employee of an enterprise who incurs non-work-related disability or suffers from an illness that is difficult to treat as determined by the doctor or medical institution, the labor appraisal committee shall make appraisal of the labor capacity of the employee by referring to the standards for appraisal of the degrees of disability caused by work-related injury and disease after the expiration of the period of medical treatment. If the labor capacity of the employee is appraised to be at degree 1 to degree 4, the employee shall leave the work position, terminate labor relationship, handle formalities for retirement or resignation from office and are entitled to retirement or resignation treatment.
Article 8 If the employee has not yet recovered upon expiration of the period of medical treatment, the financial compensation for terminating the labor contract shall be subject to relevant provisions.
Article 9 These Provisions shall come into effect on January 1, 1995.
Please note, we also published the Chinese version of the law today.
No comments:
Post a Comment