劳动法典编纂视域下工伤职业康复制度之完善

Improvement of Occupational Rehabilitation System for Work-related Injuries:The Perspective of Labor Code Compilation

我国虽已建立了工伤职业康复的制度框架,但现行法存在一些重大的问题,需要在未来的劳动法典编纂中予以解决完善。工伤职业康复的目标是帮助因工伤残劳动者能够在尽可能短的时间内恢复从事有适当收入的工作,其实现的首要选择是第一层次维持就业,其次为第二层次促进再就业。为维持就业,需要多方主体共同努力推动有劳动能力的工伤劳动者在医疗期及时重返职场,将因工伤残劳动者的定期劳动合同转换为不定期劳动合同,并消除他们的不良动机性离职;为促进再就业,需要加强职场反残疾歧视法律规制以营造对因工伤残劳动者友善的就业环境,并重新确立再就业职业培训的责任主体和经费来源。

Although the system framework of occupational rehabilitation for industrial injuries has been established in China,there are some great problems in the current law,which need to be solved and improved in the compilation of the Labor Code.The objective of occupational rehabilitation for work-related injuries is to help the disabled workers to return to work with appropriate income in the shortest possible time.The primary choice for this is to maintain employment at the first level,and to promote re-employment at the second level.In order to maintain employment,it is necessary for many parties to work together to promote the workers who have the ability to return to work in a timely manner during the medical period,to convert the fixed-term labor contracts of the workers with work-related disabilities into non-fixed-term labor contracts,and to eliminate their bad motivation of discharge.In order to promote re-employment,it is necessary to strengthen the legal regulation of anti-disability discrimination at the workplace to create a friendly employment environment for labor with work-related disabilities,and to re-establish the responsibility subject and funding source of re-employment vocational training.