Workers and patients threatened by occupational diseases are vulnerable groups in society, and they need the care of the state and the protection of the law. Therefore, an important feature of the occupational disease prevention law is to protect the legitimate rights and interests of workers and give them legal protection. During the period of diagnosis or medical observation, the employer shall not terminate or terminate the labor contract with the suspected occupational disease patient.
For workers exposed to occupational hazards, the employing unit shall, in accordance with the provisions of the safety production supervision and management department and the health administrative department of the State Council, organize occupational health examinations before taking up the post, during the post and after leaving the post, and inform the workers of the examination results in writing. The expenses for occupational health examination shall be borne by the employer.
Therefore, the parties can go to the local designated hospital for physical examination, and then submit the resignation medical examination report to the unit. Physical examination found that the party concerned had physical problems and failed to request treatment and compensation according to law.
According to the Labor Contract Law of People's Republic of China (PRC)
Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:
(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;
(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(four) female workers during pregnancy, childbirth and lactation;
(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
According to the Law of People's Republic of China (PRC) on the Prevention and Control of Occupational Diseases
Article 36 The employing unit shall, in accordance with the provisions of the safety production supervision and administration department and the health administrative department of the State Council, organize occupational health examinations for the workers who are exposed to occupational hazards before, during and after taking up their posts, and inform the workers of the examination results in writing. The expenses for occupational health examination shall be borne by the employer.
The employer shall not arrange for workers who have not received occupational health examination before taking up their posts to engage in operations that are exposed to occupational hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo; Workers who are found to have occupational-related health damage during occupational health examination shall be transferred from their original posts and properly placed; Workers who have not undergone occupational health examination before leaving their posts shall not terminate or terminate their labor contracts.
Occupational health examination shall be undertaken by medical and health institutions approved by the health administrative department of the people's government at or above the provincial level.