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What should I do if an employee of a public institution has a mental disorder due to leadership reasons? Hello, you want to find a leader to take the patient to the hospital for medical treatment, all the costs in this process are responsible for the leadership, if it is particularly serious, find the leaders of the company directly under your unit, let them solve it, give you a satisfactory answer, I wish you a speedy **.
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It is difficult to define who caused the cause of the mental disorder, but if it can be proved that it is caused by the leadership, then compensation can be claimed from the leader and the unit, which should also be regarded as a work-related injury.
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What is the basis for saying that it is due to leadership reasons, the same leader has no obstacles to others, this kind of thing is not easy to qualitate, or find a way to deal with the relationship with the leader, I really can't do it as much as possible, change the environment, and adjust it slowly.
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This is a clear thing, the leader takes it to see, pays all the medicine bills, and pays the salary as usual, and the leader will be criminally responsible for such a thing.
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If the doctor judges that you are indeed the leader of the unit, the practices that caused you to get well**, or to get sick. Then he will write it in the medical record. Cases of mental illness have the force of law.
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Find evidence and collect it, and go to court.
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Legal analysis: Employees suffering from mental illness should be dealt with in accordance with the provisions of the Ministry of Labor's Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees. After the expiration of the medical treatment period, an appraisal of labor ability shall be conducted, and those who are assessed as level 1 to 4 shall withdraw from their labor positions and terminate their labor relations, and go through the formalities for retirement or resignation in accordance with the relevant provisions of the state.
If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.
Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees
Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and the number of years he has worked in the unit
1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.
Article 4 Where the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
Article 5 During the period of medical treatment, the sick leave pay, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations.
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Legal Analysis: If an employer discovers that an employee suffers from mental illness, it should make a prudent decision and not to terminate the employment contract categorically, otherwise it will easily cause a violation of the law. The management and treatment of mentally ill patients has always been a difficult problem in human resource management.
To this end, the former Ministry of Labor has successively promulgated a number of documents to regulate such issues. The employer shall deal with the specific situation of the employee's illness in accordance with the relevant legal documents.
Legal basis: Labor Law of the People's Republic of China Article 3 Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
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If an employer discovers that an employee suffers from mental illness, it should make a prudent decision and not to terminate the employment contract categorically, otherwise it will easily lead to illegal activities.
1. In the process of changing from the fixed-term worker system to the labor contract system, the employer shall arrange appropriate work and sign labor contracts for employees who are already mentally ill but whose conditions are under control.
2. If the condition is serious and cannot be controlled, it should be sent to the hospital**. After the medical treatment is completed, the retirement or resignation procedures shall be handled in accordance with the relevant provisions of the state.
3. The employer may terminate the labor contract of a newly recruited employee who is found to be mentally ill during the probationary period and confirmed by the relevant institution.
1. Determination of work-related injuries.
In any of the following circumstances, it shall be found to be a work-related injury:
1. Being injured in an accident during working hours and in the workplace due to work reasons;
2. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3. During working hours and in the workplace, being injured by violence or other accidents due to the performance of one's duties;
4. Suffering from occupational diseases;
5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
The basis of the law involved in this Hail Feng Tsai answer:
Circular of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System
Article 10. In the process of changing from a fixed-term employee system to a labor contract system, the employer shall arrange appropriate work and sign a labor contract for employees who are already mentally ill but whose condition is under control. If the condition is serious and cannot be controlled, it shall be sent to the hospital**. After the medical treatment is completed, the retirement or resignation procedures shall be handled in accordance with the relevant provisions of the state.
Article 11. An employer may terminate a labor contract for a newly recruited employee who is found to be mentally ill during the probationary period and confirmed by the relevant institution.
According to the "Opinions on the Trial Implementation of the Personnel Employment System in Public Institutions", if the employment contract is terminated under any of the following circumstances, the employing unit shall pay economic compensation to the dismissed personnel according to their actual working years in the unit: >>>More
This has to do with whether you are a cadre or a worker, the length of service, the level of salary you get when you are on the job, and the job title when you are on the job. (It is recommended that you still ask your employer, and you also have the right to know how your salary is calculated).
Some of them may: Cadres at or above the deputy section chief of public institutions may be transferred to organs to serve in leadership positions or deputy investigators or above and other non-leadership positions at the equivalent level (see the "Provisions on the Transfer of Civil Servants (Trial)" for details), and other personnel may not be directly transferred to administrative organs (except for those who have been transitioned from public institutions).
Basically, it is the same standard as the physical examination of civil servants, and the vast majority of units do not have high requirements for vision, because there are too many myopic eyes now.
For the purchase of fixed assets, the original value of fixed assets and non-current assets should be increased**" is to ask you to make double entries when you purchase fixed assets, remember to write like this: >>>More