Simon Says: Have your health check before leaving your job!

Published
09/07/2017 by

This is the twenty-eigth in a weekly series of legal advice provided in a short and entertaining story format.

 

每周轻松有趣法律常識故事系列 - 第28篇

 


Keywords: Health Check, Social Security, Employment Law, Prevention and Control of Occupational Disease Law

 

关键词:体检、社会保障、劳动合同法、职业病防治法

 

 

Have your health check before leaving your job!


离职前你体检了吗!

 

Jack is a master of handcrafts and works at Alex Design (Chengdu) Limited. He designs Chinese furniture with his mighty hands. His works are always a hot topic in the industry and sell well. Lately, he got into an argument with his boss, Alex and got sacked.

 

吴惠山是成都市四宜红木设计有限公司的手工艺作品大师。他用万能的双手设计中国家具,作品一直受到业界关注,而且很畅销。最近他和老板张四宜发生了争执,被老板解雇了。

 

A month later, Jack found that his cough had been worsening, and decided to go to the hospital for a full body check. He was diagnosed with Stage 2 lung cancer. Befuddled, Jack decided to run for some tests to find out the cause, as he was a non-smoker, and had no other bad habits.

 

一个月后,吴惠山发现他的咳嗽症状一直在恶化,就决定去医院进行全面检查,结果被诊断出患有二期肺癌。吴惠山觉得很吃惊,因为他不吸烟,也没有其他不良习惯,所以他决定做一些检测找出病因。

 

The cause turned out to be prolonged inhalation of toxic paint fumes and wood particles. It was diagnosed that it was caused by his job, a kind of occupational disease.Jack immediately went back to Alex, asking for reimbursements of medical bills.

 

检测结果表明他的疾病因为吴惠山长时间吸入有毒油漆烟雾和木颗粒造成的,这是由他的工作造成的一种职业病。吴惠山马上找到张四宜,要求他支付医疗费用。

 

Alex, of course, wasn’t happy. “You left the company already and we have no employment relationship. Pay for your own medical bills.” Jack replied, “Your company is required to get me a medical check before leaving, so this cancer should have been discovered before I left the company.”

 

张四宜当然不高兴,说:“你已经离开了公司,现在我们没有雇用关系。你得自己支付医疗费用。”吴惠山回答:“你的公司应该在我离职前给我做一次体检,所以我患癌症本来应该在我离开公司之前就能诊断出来。”

 

“Well, you didn’t ask for a medical check-up, so in my logic, you are forfeited with this opportunity. Therefore, you and you alone are responsible.” Alex rebated.

 

“可是你没有要求进行身体检查,所以按照我的逻辑,你已经失去了这个机会。所以你得为自己负责。”张四宜反驳道。

 

So who gets to pay for the costly medical bills?

 

那么吴惠山昂贵的医疗费用应该由谁来支付?

 Simon Says - Episode 28 Have your health check before leaving your job!

 

Prof Simon Says:

西门教授说法:

 

Yes, Alex has to pay for the medical bills. An employer shall be responsible as Jack is suffering from an occupational disease.Under the China’s Labour Contract Law and the China’s Prevention and Control of Occupational Disease Law, every employee engaging in a high-risk occupation must have a medical check-up before leaving the Company, and only after it is completed, the employment contract may be terminated.

 

张四宜必须支付吴惠山的医疗费用。由于吴惠山患有职业病,雇主应该对此负责。根据《中华人民共和国劳动合同法》和《中华人民共和国职业病防治法》的规定,从事高危职业的所有员工在离职前必须进行身体检查,劳动关系只有在完成体检后才能终止。

 

Therefore, so long as Jack has not got the medical check-up, his employment relationship between the Company and Jack has not been terminated by law, and Alex has to pay for this medical bills.

 

因此,根据法律规定,只要吴惠山没有进行身体检查,公司与吴惠山之间的劳动关系就就不能终止,张四宜就必须支付吴惠山的医疗费用。

 

For more about this or to contact Professor Simon Choi at www.acmeardent.comsimonhkchoi@163.com, +86 13823677853 or by WeChat: simonhkchoi. 

 

ACME Ardent's Simon Choi WeChat QR Code

 

 

Simon Choi

About the Author: Professor Simon Choi

Prof Simon Choi, solicitor and linguist, is an international lawyer, qualified to practise law in England & Wales and in Hong Kong, China. Simon graduated from law schools of the Peking University, the University of London and the University of Hong Kong respectively, with an in-depth knowledge of Chinese laws and common laws and with more than 20 years experience in China practice and international trade, investment, finance, merger & acquisition. He is an adjunct professor of laws at the Zhongnan University of Economics and Law. Simon is the founding partner of Acme Ardent and can be reached at simonhkchoi@163.com or +86 13823677853.

 

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