医疗期内劳动者收入保障制度研究
发布时间：2019-06-26 11:34
【摘要】：劳动者罹患疾病后通常可能会暂时丧失劳动能力甚至无法参加工作,直接导致劳动收入的减少甚至丧失,这常常会给劳动者及其家庭成员的生活带来负面影响,极有可能出现因病致贫的现象。因此,各国都通过立法对劳动者医疗期的收入进行一定的保障,以减少上述现象的发生。 我国主要通过《劳动法》、《劳动合同法》、《企业职工患病或非因公负伤医疗期规定》以及相关的法律规定的建立来构建医疗期内劳动者收入保障制度,具体表现为病假工资、解雇保护和疾病救济费三个方面,实践中通常由用人单位承担患病职工在医疗期内的病假工资发放义务,并且为其保留工作岗位至员工复职。但同时应当认识到目前该制度在实践中产生了诸多问题,例如劳动者病假工资无法及时获得甚至直接被克扣,医疗期内被违法解雇等,这都导致了劳动者在医疗期内的收入无法真正得到保障。因此,本文从比较法角度,将我国的医疗期劳动者收入保障制度与其他国家及地区的相关制度进行比较分析,吸收并借鉴域外立法例的优点,以期进一步完善我国医疗期内劳动者收入保障制度。 本文第一部分通过三则案例,引出我国现行的医疗期劳动者收入保障制度包括三项具体制度：医疗期病假工资、解雇保护和疾病救济费制度。并提出我国现有三项制度在实践运用中仍有不足；第二部分以《企业职工患病或非因工负伤医疗期规定》《劳动合同法》等法律规定为依据,剖析了我国医疗期劳动者收入保障制度的运作模式；第三部分通过对我国台湾地区和德国医疗期劳动者收入保障制度的分析,并以之与我国的保障制度比较,得出目前我国医疗期劳动者收入保障制度存在的具体缺陷；第四部分通过提出对病假工资、解雇保护和疾病救济费制度的具体改进建议,期望完善我国医疗期劳动者收入保障制度。 本文的创新点主要在于提出医疗期劳动者收入保障制度的概念,并且立足于解释论而不是立法论的角度,重新审视我国的疾病工资制度、解雇保护制度及疾病救济费制度,进而完善我国医疗期劳动者收入保障制度。
[Abstract]:After suffering from illness, workers may be temporarily incapacitated or even unable to participate in work, which directly leads to the reduction or even loss of labor income, which often has a negative impact on the lives of workers and their family members, and is most likely to lead to poverty as a result of illness. Therefore, all countries adopt legislation to protect the income of workers during the medical period in order to reduce the occurrence of the above phenomena. Our country mainly constructs the worker income security system during the medical period through the Labor Law, the Labor contract Law, the provisions on the Medical period of sick or non-official injury to the staff and Workers of the Enterprise, and the establishment of the relevant legal provisions, which are embodied in three aspects: sick leave salary, dismissal protection and sickness relief fee. In practice, the employer usually undertakes the obligation to pay sick leave wages for sick workers during the medical period. And reserve jobs for them until employees are reinstated. At the same time, it should be recognized that the current system has many problems in practice, such as workers' sick leave salary can not be obtained in time or even directly deducted, medical period is illegally dismissed, and so on, which leads to workers' income in the medical period can not be really guaranteed. Therefore, from the point of view of comparative law, this paper compares and analyzes the income security system of medical workers in China with the relevant systems of other countries and regions, and absorbs and draws lessons from the advantages of foreign legislation, in order to further improve the income security system of workers in the medical period of our country. Through three cases, the first part of this paper leads to the current income security system of medical workers in China, which includes three specific systems: sick leave salary during medical period, dismissal protection and sickness relief system. The second part analyzes the operation mode of the income security system of the workers in our country on the basis of the provisions of the medical period of illness or non-work injury of the employees of the enterprise, the labor contract law and other legal provisions, and analyzes the operation mode of the income security system of the workers in the medical period of our country. The third part analyzes the income security system of workers in Taiwan and Germany, and compares it with the security system of our country, and obtains the concrete defects of the income security system of workers in medical period in our country at present. The fourth part puts forward some suggestions for improving the system of sick leave salary, dismissal protection and disease relief fee, hoping to perfect the income security system of workers in medical period of our country. The innovation of this paper mainly lies in putting forward the concept of income security system for workers in medical period, and based on the theory of explanation rather than legislation, re-examining the wage system of disease, dismissal protection system and disease relief system in our country, and then perfecting the income security system of workers in medical period in our country.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.5
本文编号：2506147
[Abstract]:After suffering from illness, workers may be temporarily incapacitated or even unable to participate in work, which directly leads to the reduction or even loss of labor income, which often has a negative impact on the lives of workers and their family members, and is most likely to lead to poverty as a result of illness. Therefore, all countries adopt legislation to protect the income of workers during the medical period in order to reduce the occurrence of the above phenomena. Our country mainly constructs the worker income security system during the medical period through the Labor Law, the Labor contract Law, the provisions on the Medical period of sick or non-official injury to the staff and Workers of the Enterprise, and the establishment of the relevant legal provisions, which are embodied in three aspects: sick leave salary, dismissal protection and sickness relief fee. In practice, the employer usually undertakes the obligation to pay sick leave wages for sick workers during the medical period. And reserve jobs for them until employees are reinstated. At the same time, it should be recognized that the current system has many problems in practice, such as workers' sick leave salary can not be obtained in time or even directly deducted, medical period is illegally dismissed, and so on, which leads to workers' income in the medical period can not be really guaranteed. Therefore, from the point of view of comparative law, this paper compares and analyzes the income security system of medical workers in China with the relevant systems of other countries and regions, and absorbs and draws lessons from the advantages of foreign legislation, in order to further improve the income security system of workers in the medical period of our country. Through three cases, the first part of this paper leads to the current income security system of medical workers in China, which includes three specific systems: sick leave salary during medical period, dismissal protection and sickness relief system. The second part analyzes the operation mode of the income security system of the workers in our country on the basis of the provisions of the medical period of illness or non-work injury of the employees of the enterprise, the labor contract law and other legal provisions, and analyzes the operation mode of the income security system of the workers in the medical period of our country. The third part analyzes the income security system of workers in Taiwan and Germany, and compares it with the security system of our country, and obtains the concrete defects of the income security system of workers in medical period in our country at present. The fourth part puts forward some suggestions for improving the system of sick leave salary, dismissal protection and disease relief fee, hoping to perfect the income security system of workers in medical period of our country. The innovation of this paper mainly lies in putting forward the concept of income security system for workers in medical period, and based on the theory of explanation rather than legislation, re-examining the wage system of disease, dismissal protection system and disease relief system in our country, and then perfecting the income security system of workers in medical period in our country.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.5
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