已经提供劳动保护，单位是否还需支付经济补偿？

Shall the employer still give severance pay if labor protection has been provided

员工以患职业病为由解除劳动合同，公司是否应支付经济补偿？

Shall the company give severance pay if the employee dissolves the labor contract on the grounds of occupational diseases?

2021.02.18

劳动者已出现职业病症状，拒绝调岗怎么办?

What shall a company do when one of its employees having developed symptoms of occupational diseases refuses transfer-position?

员工已出现职业病症状，公司多次要求调岗遭拒，怎么办？

What shall a company do when one of its employees who has developed symptoms of occupational diseases refuses the company's request for transfer-position several times?

2020.09.10

解除劳动关系后发现罹患职业病，能否被认定为工伤?

Can occupational diseases detected after the dissolution of labor relations be regarded as work-related injuries?

职工与用人单位解除劳动关系后，发现罹患职业病的，能否被认定为工伤？

Can occupational diseases detected after the dissolution of labor relations between an employee and an employer be regarded as work-related injuries?

2019.07.25

疑似职业病员工观察期间工资支付标准问题

Standards for salary payment to employees suspected of occupational disease during the observation period

我司员工疑似职业病，但尚未被确诊为职业病，在诊断、医学观察期暂停工作的情形下，观察期工资应如何支付？​

One of our employees is suspected of occupational disease but has not been confirmed yet. So, how should the salaries be paid during the medical diagnosis and observation period when the work is suspended?

2018.05.31

职业病工伤患者是否能获得双重赔偿？

Are workers contracting work-related occupational diseases entitled to double compensation?

员工能否在获得工伤保险待遇后能否再以侵权责任为由向用人单位提出人身损害赔偿的主张？

Can employees claim personal injury compensation against the employer based on tort liabilities after receiving treatments of the work-related injury insurance?

2018.04.04

做好安全防护，避免职业病法律风险

Do safety protection well and avoid the legal risk of occupational diseases

外资企业即使成功实施了“人力资源本土化”，仍然很有必要聘请熟悉当地法律和人力资源管理特点的专家作为常年顾问，起到预防和制止损害扩大的作用。

Even though foreign enterprises successfully implemented the “localization of human resources”, it is still very necessary for them to invite experts familiar with local law and human resource management characteristics as the perennial legal counsel to play the role of preventing and checking the expansion of damages.

2015.12.03

疑似职业病员工辞职如何处理?

How to deal with the resignation of employee with suspected occupational disease?

从事接触职业病危害作业的劳动者未进行离岗前职业健康检查，或者疑似职业病病人在诊断或者医学观察期间，用人单位不得依医疗期满或经济性裁员等规定而与其解除劳动合同。

If the employee is engaging in operations exposing him to occupational disease hazards and has not undergone an occupational health check-up before he leaves his position, or is suspected of having an occupational disease and isunder diagnosis or medical observation, the employer shall not dissolve the labor contract with the employee under regulations on expiration of period for medical treatment or economic layoff.

2015.10.22

未告知员工职业病危害因素改正后，员工还能否提出补偿金要求?

If the company fails to notify the employee of the occupational hazard factors but makes rectification afterwards, I wonder if the employee may claim for compensation.

员工解除劳动合同时，其所主张的这些违法情形都已经消失，员工没有解除权的行使基础。

At the time the employee terminates the labor contract, the illegalities that the employee claimed has disappeared and there is no basis for exercising the right of rescission by the employee.

2015.10.22

职业禁忌症=职业病?

Occupational contraindication = occupation disease?

职业禁忌其实不等同于职业病。因此，公司无需向对待职业病患者那样向职业禁忌症人员给付工伤待遇和有关赔偿。

Occupational contraindication is not occupational disease. So your company does not have to give the employee the benefits and compensation for occupational contraindication.

2015.03.05

职业病危害岗位劳动合同的解除有何注意要点?

What should be noted during the termination of the labor contract for posts with exposure to occupational disease hazards?

如果员工经检查未患职业病，则可按一般离职流程进行。如果员工被诊断患上职业病，则按照工伤流程进行，即接下来要做工伤鉴定评级，最后根据工伤伤残等级享受相关待遇。

If the employee is identified as having not contracted occupational disease, the case can be handled as normal termination process. If the employee is diagnosed as having contracted occupational disease, the case shall be handled as work-related injury process.

2015.03.05

详解劳务派遣“新规”——劳务派遣新规分析报告(下)

Detailed interpretation of the interim regulations on labor dispatching — analysis report (Part II)

劳务派遣合作协议中，对处理工伤、职业病员工过程中，派遣公司与用工单位的各自义务应当予以明确，对于违约者的违约责任同样需要明确，以免出现分歧。

2014.11.27

离职体检异常员工的处理

Treatment of employee with abnormal results of physical examination when resigning

在未确认是否职业病之前让员工离职，并不会给贵公司带来任何好处，反而可能带来一些不必要的麻烦。

Terminating the labor relationship with your employee prior to diagnosis of his/her occupational disease will bring to your company unnecessary trouble instead of benefits.

2014.07.03

用人单位在职业病防治中的法定义务有哪些?

What are the statutory obligations of employing units in occupational disease prevention?

用人单位不得安排未经上岗前职业健康检查的劳动者从事接触职业病危害的作业；对未进行离岗前职业健康检查的劳动者不得解除或者终止与其订立的劳动合同。

The employing unit shall not arrange employees that have not had on-boarding occupational health checkups to assume posts with exposure to occupational hazards, In addition, the employing unit cannot dissolve or terminate the labor contract with an employee who hasn't had pre-departure occupational health checkup.

2014.05.22

职业病危害岗位劳动合同的变更有何注意要点?

What should be noted when the employing unit changes the labor contract for posts with exposure to occupational disease hazards?

如果劳动者接受新岗位安排，则签订《劳动合同变更协议》，协议中需要劳动者申明不存在相关的职业禁忌，也可以将申明单独作为一个文件由劳动者签署。

If the employee accepts the new post, he and the employing unit can sign the Labor Contract Change Agreement, under which the employee shall state that there are no occupational taboos in the new post. Such statement can also be made into a separate document to be signed by the employee.

2014.05.22

被认定为职业病的员工享有哪些待遇?

What treatments are entitled by employees who have been diagnosed with occupational disease?

劳动者被诊断患有职业病，但用人单位没有依法参加工伤社会保险的，其医疗和生活保障由最后的用人单位承担。

Where the illness of an employee is diagnosed as occupational disease, and the employing unit has not contributed work-related injury insurance as required by law, the employee's expenses for medical treatment and source of income shall be borne by the final employing unit.

2014.05.22