Is There Any Right To Enjoy Medical Insurance During The Probation Period?

Brief introduction of the case

Gao took part in the work six years later and was hired by a factory. The two sides signed a labor contract for a period of four years, with a trial period of four months.

Gao was hospitalized at the end of the probation period, but he still did not recover after one month's diagnosis and treatment.

During the period of hospitalization, the factory stopped paying all the wages of Gao and discontinued the labor contract on the grounds that he could not adapt to the work during the probation period and did not meet the employment requirements.

Gao disagrees with the local authorities.

The Arbitration Commission lodged a complaint, requesting the factory to resume the decision to rescind the labor contract, continue to perform the contract, enjoy medical leave and related social insurance benefits.

After being investigated and verified, the labor dispute arbitration committee decided that the decision of the factory to terminate Gao's labor contract was invalid according to the relevant provisions. The sick leave of a certain hospital was reissued, the labor insurance for its probation period was reissued, and the corresponding late fee was paid accordingly.

      案例分析

Probation period

It is an inspection period of no more than six months agreed by employers and workers for mutual understanding and choice.

The probationary period is the legal stipulation for the conditional period to terminate the contract. It is not the test period for the laborers and employers to establish labor relations.

Therefore, it can not be labourers who are in a probationary period and do not recognize them as official employees of chemical fertilizer plants, nor can they deprive them of enjoying the society.

The right.

In this case, although Gao is sick during the probationary period, according to the seventy-third provision of the labor law, "workers enjoy social insurance benefits in accordance with the law: (1) retirement; (two) illness and injury; (three) disability due to work or occupational diseases; (four) unemployment; (five) childbearing."

It can be seen that the chemical fertilizer plant should handle various social insurance for him during the probation period.

Medical care

The period is a period when the employees of a company stop working because of illness or non work injury, and the time limit for the termination of the labor contract is not allowed. It is the labor rights and interests enjoyed by the workers according to law.

Article 479 of the Ministry of labour, [1994> No. 479, "Regulations on medical treatment for sick or non working injured employees" stipulates: "when an employee of a company needs to stop working because of illness or non occupational injury, he shall give three to twenty-four months' medical treatment according to his actual working life and working life in his unit."

This case is high in a probationary period. It belongs to a working life of less than ten years, and the working life of the unit is less than five years. According to the regulations, it should be given three months' medical treatment. The labor department general office, July 8, 1989, entitled "contract medical workers' medical problems during the probationary period to the Labor Bureau of Ningbo" (labor insurance word [1989> third), pointed out: "contract workers can enjoy medical treatment during the probationary period, because they are sick or not injured by work."

It can be seen that the employers do not give the treatment of high medical treatment period is not in conformity with this policy.

Editor: vivi