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Can probation sicken enjoy medical treatment insurance?
From;    Author:Stand originally
Lin Mou March 2005 by employ of one plant of Mu Yi products, the labor contract that both sides signed by a definite date 5 years, the contract agrees Lin Mou probation is 6 months. On June 20, 2005, be in hospital of Lin Mou sicken, classics hospital make a diagnosis and give treatment after half month still not heal. During Lin Mou be in hospital, unit of choose and employ persons stops sent full pay, work with cannot suiting, do not accord with the labor contract that Lin Mou removed for employ condition. Lin Mou thinks to labor contract cannot remove below the case that the manufacturer did not cure in him disease, unit of requirement choose and employ persons calls in remove the decision of labor contract, continue to fulfil a contract, enjoy sick leave treatment. And the manufacturer thinks, lin Mou attributes try out level, do not enjoy medical treatment treatment, its fall ill incommensurate work requirement, the manufacturer is OK and repulsive. Both sides talks things over for many times not if really, lin Mou is helpless arbitrate to labor dispute commission to lodge a complaint, arbitral appoint unit of choose and employ persons of the adjudication after be being investigated through front courtyard careful removes the decision of contract of Lin Mou labor is invalid; Ask the manufacturer reissues the medical treatment during Lin Mou be in hospital period salary.

[review analyse]

This is because of probation sicken medical treatment period was not removed completely contract dispute case, whether is the focus of its controversy enjoying treatment of medical treatment insurance at probation employee sicken, during try out unit of sicken choose and employ persons can be denied repulsive.

Above all, employee probation enjoys treatment of medical treatment insurance, during unit of choose and employ persons should give medical treatment salary. " labor law " the 16th regulation, labor contract is the agreement of obligation of laborer and relationship of working of establish of unit of choose and employ persons, clear bilateral right. Visible, bilateral working relationship is from what conclude labor contract has establishment, want laborer and unit of choose and employ persons to conclude only labor contract, laborer already belonged to the worker of unit of choose and employ persons, authority enjoys the medical treatment treatment of unit of choose and employ persons. And probation just is after working relationship establish, it is understand one another as unit of choose and employ persons and laborer, and of the agreement make an on-the-spot investigation period. Labor department general office on July 8, 1989 " the reply that makes a worker give Ning Bo town work bureau in problem of medical treatment of the sicken inside probation about the contract " (fatigue does danger word [1989] the 3rd) point out: “ contract makes a worker be injured at work in probation sicken or blame, can enjoy medical treatment treatment. ” cannot strip because of probation because of unit of this choose and employ persons the medical treatment pay of employee, should extend during medical treatment salary.
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