LMI [1994] No. 479 issued by the Ministry of Labour on December 1, 1994 )
Article 1 These Provisions are formulated in accordance with the stipulations in Article 26 and Article 29 of the Labour Law of the People¡¯s Republic of China in order to protect the legitimate rights and interests of the staff and workers in enterprises during the period of illness or injuries not suffered at work.
Article 2 The period of medical treatment refers to the time limit that the labour contracts of the staff and workers in enterprises shall not be revoked when they stop working for receiving medical treatment or taking rests due to illness or non-work-related injuries.
Article 3 The staff and workers in enterprises shall be entitled to the period of medical treatment from 3 to 24 months in accordance with the length of their actual service since they took part in work and the length of their service that they have served in their units when they stop working for receiving medical treatment due to illness or non-work-related injuries. The specific provisions are as follows:
(1) Where the length of actual service is less than 10 years, there shall be 3 months of medical treatment for those who have worked in their units for less than 5 years; 6 months for those worked for 5 years or more; and
(2) Where the length of actual service is 10 years or more, there shall be 6 months of medical treatment for those who have worded in their units for less than 5 years; 9months for those worked for more than 5 years but less than 10 years; 12 months for those worked for more than 10 years but less than 15 years; 18 months for those worked for more than 15years but less than 20 years; 24 months for those worked for 20 years or more.
Article 4 Where the period of medical treatment is 3 months, it shall be calculated according to the accumulated time of sickleave within 6 months; where 6 months, it shall be calculated according to the accumulated time of sickleave within 12months; where 9 months, it shall be calculated according to the accumulated time of sickleave within 15 months; where 12 months, it shall be calculated according to the accumulated time of sickleave within 19 months, where 18months, it shall be calculated according to the accumulated time of sickleave within 24 months; where 24 months, it shall be calculated according to the accumulated time of sickleave within 30 months.
Article 5 The wages during sickleave, disease relief and medical treatment of the staff and workers in enterprises during the period of medical treatment shall be practiced in accordance with the relevant provisions.
Article 6 Where the staff and workers in enterprises disabled caused not at work or suffering from cureless diseases diagnosed by doctors or medical institutions are unable to engage in their original work or any new work arranged by employing units after the termination of their medical treatment, the labour appraisal committee shall appraise their ability to work with reference to the appraisal standards on injuries suffered at work or disability due to occupational diseases. If appraised as Grade I to Grade ¢ô, they shall withdraw from their work posts, terminate their labour relationship with employing units, deal with the formalities of retirement or leaving posts, and be entitled to the treatment of retirement or leaving posts; if appraised as Grade V to Grade X, their labour contracts shall not be revoked during the period of medical treatment.
Article 7 Where the staff and workers in enterprises become disabled caused not at work or suffer from cureless diseases diagnosed by doctors or medical institutions at the expiration of medical treatment period, the labour appraisal committee shall appraise their ability to work with reference to the appraisal standards on injuries suffered at work or disability due to occupational diseases. If appraised as Grade I to Grade IV, they shall withdraw from their work posts, revoke their labour relationship with employing units, deal with the formalities of retirement or leaving posts, and be entitled to the treatment of retirement or leaving posts.
Article 8 Where the staff and workers have not fully recovered yet at the expiration of the period of medical treatment, matters of their economic compensations for the revocation of the labour contracts shall be handled in accordance with the relevant provisions.
Article 9 These Provisions shall be implemented as of January 1,1995.
