医疗期纠纷案件的实证分析--以银行业为视角

Empirical Analysis on Disputes during the Medical Treatment Period: A Perspective from the Banking Industry

劳动者患病或非因工负伤的医疗期问题涉及企业与员工双方的切身利益,近年来因医疗期而引发的劳动争议愈显常见。实践中,医疗期满后解除或终止劳动关系并没有法条规定得那么简单,其往往与医疗期(病假)待遇、医疗补助费、女职工"三期"、年休假待遇等问题缠夹不清,企业与员工关系由此产生矛盾。本文通过对民事审判实践中有关医疗期问题案件的实证研析,结合现行法律法规中医疗期相关规定的梳理,旨在为企业内部和谐处理医疗期满的员工关系提供法律适用和制度建设方面的参考。

Clarifying the period of medical treatment and its related issues concerning labour illness or non-work related injury is of vital importance to both the enterprises and employees as there is an increasing number of labour disputes resulted therefrom. In practice, labour employment termination after the expiration of medical treatment period is not as simple as stipulated by the law as it is always entangled with issues like benefits during medical treatment period(or sick leave), medical subsidies, female employees’ pregnancy/childbirth/breastfeeding, as well as annual leaves. And this usually results in much labour tension. Through the empirical analysis on such disputes in civil cases, the study aims to go through the existing law provisions and provide some legal and institutional suggestions to enterprises on how to deal with labour relations smoothly under such circumstances.