Legal analysis
If the physical examination is unqualified, you can apply for occupational disease identification according to the specific degree of damage and get corresponding compensation. The identification of occupational diseases requires a physical health report issued by a regular hospital and a certificate issued by the unit to engage in related occupations. It is illegal to ask employees to resign voluntarily for their own reasons. . There are two situations in which workers voluntarily resign: first, employees who voluntarily resign for non-enterprise reasons; Second, employees voluntarily resign due to corporate reasons; In the first case, the employer may not pay economic compensation, and in the second case, the employer will pay economic compensation. If the company terminates the labor contract with the employee before the expiration of the labor contract, it must pay compensation to the employee. According to the law, less than one year is counted as one year. The clause in the labor contract that the employer fails to complete the labor quota or contract tasks and can pay the wages below the minimum wage standard has no legal effect. Occupational health examination refers to the health examination conducted by medical and health institutions before, during and after work for workers exposed to occupational hazards in accordance with relevant state regulations.
legal ground
Article 46 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations.
Article 30 Employees who suffer from accidents or occupational diseases at work shall receive treatment and enjoy medical treatment for work-related injuries. Workers with work-related injuries should seek medical treatment in medical institutions that have signed service agreements. In case of emergency, they can go to the nearest medical institution for first aid. If the expenses required for work-related injury treatment meet the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance, they shall be paid from the work-related injury insurance fund. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs and the hospitalization service standard of work-related injury insurance shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug supervision and management department and other departments. Food subsidies for hospitalization of workers with work-related injuries, and certificates issued by medical institutions and approved by agencies. The transportation and accommodation expenses required for workers with work-related injuries to seek medical treatment outside the overall planning area shall be paid by the work-related injury insurance fund, and the specific standards for fund payment shall be stipulated by the people's government of the overall planning area. Workers with work-related injuries who treat diseases caused by non-work-related injuries do not enjoy medical treatment for work-related injuries, and are treated according to the basic medical insurance method. The expenses for work-related injury rehabilitation treatment for workers with work-related injuries to medical institutions that have signed service agreements shall be paid by the work-related injury insurance fund if they meet the requirements.