|
(Promulgated on April 30, 2002 by the Shanghai Municipal
People's Government)
To guarantee the smooth implementation of the "Regulations of Shanghai
Municipality on Labor Contract", and to ensure the legitimate
rights and
interests of the laborers, the following provisions concerning the standard of
the recovery period for laborers of this
Municipality who suffer illness or
non-industrial injury during the period of performance of labor contract have
been hereby formulated:
1. The recovery period refers to the period during
which a laborer who stops working to have medical care and rest due to illness
or non-industrial injury, however, the employer cannot thus terminate the
performance period of contract.
2. The recovery period shall be fixed
according to the service years a laborer has served in the employer-unit. For
the first year
the laborer works in the unit, the recovery period shall be three
months; later, with each additional year the recovery period shall
be increased
by one month, but shall not exceed twenty-four months.
3. In case that a
laborer has been determined to have lost completely the labor ability but does
not meet the retirement or resignation
requirements by the Appraisal Commission
of Labor Ability, the recovery period shall be prolonged. The prolonged recovery
period
shall be specifically stipulated by the employer unit and the laborer,
however, the total time of the recovery period made up of
the prolonged recovery
period agreed upon together with the recovery period provided in the preceding
Clause shall not be less
than twenty-four months.
4. In a case that has any
of the following situations, if the stipulation on the recovery period is longer
than the above-mentioned
provisions, such a stipulation shall be
respected:
1) With special stipulation on the recovery period in the
collective labor contract;
2) With special stipulation on the recovery period
in the labor contract; or
3) With special provisions on the recovery period
in the employer-unit's internal rules and regulations.
5. In case that a
labor contract has already been performed before the implementation of these
Provisions, the recovery period shall
be carried out according to the laws and
regulations prevailing at that time.
6. These Provisions shall become
effective on May 1, 2002.
|
