Simon Says: Have your health check before leaving your job!
Published09/07/2017 by Simon Choi
This is the twenty-eigth in a weekly series of legal advice provided in a short and entertaining story format.
每周轻松有趣法律常識故事系列 - 第28篇
Keywords: Health Check, Social Security, Employment Law, Prevention and Control of Occupational Disease Law
Have your health check before leaving your job!
Jack is a master of handcrafts and works at Alex Design (Chengdu) Limited. He designs Chinese furniture with his mighty hands. His works are always a hot topic in the industry and sell well. Lately, he got into an argument with his boss, Alex and got sacked.
A month later, Jack found that his cough had been worsening, and decided to go to the hospital for a full body check. He was diagnosed with Stage 2 lung cancer. Befuddled, Jack decided to run for some tests to find out the cause, as he was a non-smoker, and had no other bad habits.
The cause turned out to be prolonged inhalation of toxic paint fumes and wood particles. It was diagnosed that it was caused by his job, a kind of occupational disease.Jack immediately went back to Alex, asking for reimbursements of medical bills.
Alex, of course, wasn’t happy. “You left the company already and we have no employment relationship. Pay for your own medical bills.” Jack replied, “Your company is required to get me a medical check before leaving, so this cancer should have been discovered before I left the company.”
“Well, you didn’t ask for a medical check-up, so in my logic, you are forfeited with this opportunity. Therefore, you and you alone are responsible.” Alex rebated.
So who gets to pay for the costly medical bills?
Prof Simon Says:
Yes, Alex has to pay for the medical bills. An employer shall be responsible as Jack is suffering from an occupational disease.Under the China’s Labour Contract Law and the China’s Prevention and Control of Occupational Disease Law, every employee engaging in a high-risk occupation must have a medical check-up before leaving the Company, and only after it is completed, the employment contract may be terminated.
Therefore, so long as Jack has not got the medical check-up, his employment relationship between the Company and Jack has not been terminated by law, and Alex has to pay for this medical bills.
For more about this or to contact Professor Simon Choi at www.acmeardent.com, firstname.lastname@example.org, +86 13823677853 or by WeChat: simonhkchoi.
About the Author: Professor Simon Choi
Prof Simon Choi, solicitor and linguist, is an international lawyer, qualified to practise law in England & Wales and in Hong Kong, China. Simon graduated from law schools of the Peking University, the University of London and the University of Hong Kong respectively, with an in-depth knowledge of Chinese laws and common laws and with more than 20 years experience in China practice and international trade, investment, finance, merger & acquisition. He is an adjunct professor of laws at the Zhongnan University of Economics and Law. Simon is the founding partner of Acme Ardent and can be reached at email@example.com or +86 13823677853.
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