Can The Period Of 6 Months Or More Be Included In The Working Life?

A company's desire and long term

The worker Liu Mou relieves the labor contract, because of the "thirty-ninth amendment to the labor insurance Ordinance", the seventh provision of the article is: the worker who has stopped working during the period of 6 months or less due to illness or non work injury, calculates the length of service of the enterprise continuously; after more than 6 months, he still returns to the original enterprise worker, except for the period of more than 6 months, the length of service of the enterprise before and after it should be combined.

Then, the company is relieved from Liu.

Will it be included in the period of payment for financial compensation for 6 months beyond the sick leave?

Comment: in the draft amendment, the sick leave is not counted as the unit for more than 6 months.

The regulations were implemented in many enterprises before the implementation of the labor contract system.

However, with the implementation of the labor contract system, the length of service and the length of service of the enterprise have been distinguished, and the length of service is linked to the duration of the labor contract.

According to the stipulation of medical treatment for sick or non injured workers in enterprises, the medical treatment period of 3 to 24 months for sick or non injured workers can be extended under special circumstances. The labor law also strengthens the protection of medical workers, and stipulates that the employer can not terminate the labor contract at any time during the medical treatment period.

It can be seen that if a worker is ill or not injured by work, even if he has had sick leave for more than 6 months, if he still has labor relations with the employer, it should be counted as the working life of his unit, and should also be included in the calculation period of the economic compensation.

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Can we get support from only one wage certificate for the workers to confirm the labor relationship?

In March 2014, Zhang worked at carpentry in a wood processing plant in Rizhao, Arashiyama. The two sides did not sign a written labor contract. The timber processing plant paid wages to Zhang on a monthly basis, but did not pay social insurance premiums for them.

In October 7, 2014, Zhang had a traffic accident on his way to work. After that, he was identified as a 9 grade disability.

Unexpectedly, Zhang refused to claim compensation for work-related injuries to the processing factory, on the grounds that there was no labor relationship between them.

Unfortunately, Zhang took the road of litigation.

In the court trial, Zhang submitted to the court a salary certificate issued by the processing plant, indicating that Zhang's wages in 2014 and September ranged from $5000 to $7.

In this regard, the processing plant argued that he was an individual industrial and commercial household, and was not a legitimate employer. The processing plant had already outsourced work. Zhang was not a worker of the processing plant, but a hired laborer, Chen. He also paid wages by Chen.

This wage certificate is issued for Zhang's traffic accident.

But there is no evidence to prove it.

After the trial, the timber processing plant has the qualification to work in accordance with the law.

The timber processing plant argued that Zhang was hired by Chen and paid wages by Chen, but he did not provide evidence to confirm that he did not accept it.

Zhang worked in the processing plant, and the unit issued a salary certificate for him, which accords with the requirements of the law that can be regarded as a labor relationship.