Grassroots lawyers also have spring

Chapter 353 A Little Too Much Information

"Well, the fake you mentioned is rather special, but the imperial capital does have this fake.

As early as [-], the former Ministry of Health and the former Ministry of Labor issued a "Regulations on Health Care for Female Employees", which required female employees who suffered from severe pain @menstrual and menorrhagia to undergo medical treatment or maternal and child health care. After the institution is diagnosed, one to two days of leave may be given during the aunt period.

Article 1990 of the "Several Regulations on the Implementation of the "Regulations on the Labor Protection of Female Employees" implemented by the Imperial Capital in [-] stipulates that "female employees suffering from menstrual pain and unable to maintain normal work and production can be certified by the medical department to be free during menstruation." A day off is counted as working time.

Although the "Regulations on the Labor Protection of Female Employees" was abolished in 2012, the regulations in the imperial capital have not yet been abolished. That is to say, there is a aunt's leave for female employees in the imperial capital, and it is clearly stipulated that it is counted as working time. " Wang Chuan explained.

(The "Several Regulations on the Implementation of the "Regulations on the Labor Protection of Female Employees" mentioned in this article have been abolished in February [-]. Now there is no legal basis for aunt leave in the imperial capital, and it is generally treated as sick leave. But in In [-], this provision was effective)
Du Wenhui smiled, but she was shocked in her heart: This kid can do it, he even knows about his aunt so clearly, thanks to bringing him!

"Lawyer Wang is very professional! Thank you for your answer." Lily said with an exaggerated expression: "Lawyer Wang, our company is preparing to set up a branch in Shanghai. Is there also the big aunt's office you mentioned?"

"That's not the case. According to my understanding, not every province has a aunt's holiday. For example, the Shanghai you mentioned, I haven't heard of this holiday. Of course, my research area is mainly concentrated in the imperial capital. Do other provinces have it? My aunt is fake and needs to be confirmed again." Wang Chuan said truthfully.

"Oh, that's right! It seems that labor regulations are very complicated!" Lily said, "Lawyer Wang, I have a lot of questions, please take it easy."

"I'm not in a hurry, just tell me." Wang Chuan looked at Lily with a smile because he was afraid that you would have too many questions.

"I know that the maternity leave for female employees is 98 days, and there are 30 days of incentive leave, a total of 120 days.

I would like to ask, among the 98 days of maternity leave, [-] days can be enjoyed before giving birth, so does the pregnant female employee regularly go to the hospital for antenatal check-ups belong to the [-] days?If not how to deal with it? asked Lily.

(According to the "Beijing Population and Family Planning Regulations (2021 Amendment)", starting from November 26, 150, the maternity leave in the imperial capital has been extended to 98 days, including [-] days of maternity leave and [-] days of extended maternity leave)
"Well, first of all, the 98-day maternity leave stipulated by the law does not include the time for maternity check-ups. That is to say, [-] days before the birth is fixed. If the prenatal (before the birth of the baby) leave exceeds [-] days, the excess will be treated as sick leave.

There is also a concept of 'prenatal leave'. There is no so-called prenatal leave in the imperial capital. The prenatal leave mentioned in the imperial capital is actually the [-]-day maternity leave before childbirth.But Shanghai has its own prenatal leave system, so not every province has prenatal leave.

The "Special Regulations on the Labor Protection of Female Employees" clearly stipulates that pregnant female employees should receive antenatal check-ups during working hours, and the time required should be counted as working hours.

According to this article, the prenatal check-up you mentioned, that is, the leave for the check-up, should be paid.Specific to the hospital's diagnosis shall prevail.

As for the time of leave, it may be half a day, or it may be a day, it is difficult to generalize. "Wang Chuan said.

"Well, I think what Lawyer Wang said makes sense. It took me a whole day to do the surgery." Lily turned to look at the beautiful female secretary and said.

"Lawyer Wang, let me ask again. A few days ago, one of our employees was hit by a car on his way home from get off work to buy vegetables in the supermarket. The traffic liability certificate stated that our employees bear full responsibility.

We were going to apply for a work-related injury to the labor department after he was discharged from the hospital. The personnel specialist of my department said that there would be a period of suspension of work and salary in such a situation, and full wages should be paid according to normal attendance.

I would like to consult with you, how should we pay him during this period of time? asked Lily.

"You have said a lot of information and involved a lot of points, let's talk about it one by one.

According to Article 14 of the "Regulations on Work-related Injury Insurance" implemented on January [-], [-], if an employee is injured by a motor vehicle accident on the way to and from get off work, it should be recognized as a work-related injury.

However, the provisions of this article are relatively extensive and not very specific. In judicial practice, courts in various places have different understandings of the concept of "on the way to and from get off work", so the judgments of similar cases are not the same.

According to the judicial practice of the imperial capital, "on the way to and from get off work" can be understood as a traffic accident that occurs on the way to and from work during a reasonable time and reasonable route while engaging in activities required for daily work and life, and the employee cannot be the main liability , it may be recognized as a work-related injury by the labor department.

Although it is a reasonable time and a reasonable route for your employees to buy vegetables after get off work, and it is also for the needs of life, it is considered to be fully responsible by the transportation department, which is a disadvantage.

Judging from the current judicial practice, only if it is identified as non-principal responsibility can it be identified as a work-related injury.Therefore, I judge that the labor department will not recognize work-related injuries in this situation of your employees.Employees are only entitled to sick leave benefits.

After the issue of whether the employee will be classified as a work-related injury is resolved, the subsequent issues will be easily solved.If the employee is not recognized as a work-related injury, he will not be able to enjoy the benefits of suspension of work and salary, and can only be paid sick leave wages according to 80.00% of the minimum wage standard in the capital. " Wang Chuan explained.

It was December [-]. If it was two years later, Wang Chuan wouldn't have to explain it so hard.

The revised "Regulations on Work Injury Insurance" came into effect on January 14, [-]. Article No. [-] clearly stipulates that "on the way to and from get off work, if you are involved in a traffic accident or urban rail transit, passenger ferry, or train accident that is not your primary responsibility Accident injury" should be identified as work-related injury.

The revision of the Regulations takes into account the opinions of various parties in judicial practice.

The thinking of the makers of laws and regulations has its limitations, and it is inevitable that there will be ill-considered situations, which will lead to the inoperability of individual provisions of laws and regulations. Therefore, the Supreme People's Court or the Supreme People's Procuratorate will issue corresponding judicial interpretations to refine them. So that it can be landed, it is practical!
In [-], the Supreme People's Court promulgated the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Work-related Injury Insurance Administrative Cases", which clarified the concept of "on the way to and from get off work". .

In the first case, on the way to and from get off work on a reasonable route between the place of work and the place of residence, the place of habitual residence, or the dormitory of the unit within a reasonable time;

In the second case, on the way to and from get off work on a reasonable route between the place of work and the place of residence of the spouse, parents, and children within a reasonable time;

The third situation is to engage in activities that are required for daily work and life, and commute to and from get off work within a reasonable time and reasonable route;

The fourth situation is on the way to and from get off work on other reasonable routes within a reasonable time.

As for the concept of a reasonable route, the relevant personnel of the Supreme Law explained that if you need to go to the vegetable market to buy a little food on the way to work, and then go home, and you are on the way, this is a reasonable route.Therefore, an accident while shopping for vegetables on the way to and from get off work can also be identified as a work-related injury.

(End of this chapter)