Does the state have a status requirement for the employment system governed by the labor law?

1. Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers of enterprises, institutions and individual economic organizations (hereinafter referred to as employers).

2. In accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the Ministry of Health, together with the Ministry of Labor and Social Security, has issued the Catalogue of Occupational Diseases. The occupational diseases specified in this catalogue include pneumoconiosis, occupational radiation diseases, occupational poisoning, occupational diseases caused by physical factors, occupational diseases caused by biological factors, occupational diseases, occupational eye diseases, occupational otolaryngology and oral diseases, occupational tumors and other occupational diseases, a total of 10 categories and 115 diseases.

3. Occupational diseases are diseases caused by occupational activities, but not all diseases at work are occupational diseases. Occupational diseases must be listed in the Catalogue of Occupational Diseases, have a clear occupation-related relationship, and be clearly diagnosed by a statutory occupational disease diagnosis institution in accordance with the diagnostic standards for occupational diseases. Therefore, a disease at work is not necessarily an occupational disease, and a disease in the Catalogue of Occupational Diseases is not necessarily an occupational disease.

4. Occupational respiratory diseases are a general term for a class of occupational diseases that seriously affect respiratory function represented by silicosis and coal workers' pneumoconiosis.

Hello, regarding the law on occupational diseases, you can study the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases.

The law was adopted on 27 October 2001 and came into force on 1 May 2002. It is formulated in accordance with the Constitution for the purpose of preventing, controlling and eliminating the hazards of occupational diseases, preventing and treating occupational diseases, protecting the health of workers and their related rights and interests, and promoting economic development. The term "occupational disease" as used in the Law refers to the disease caused by exposure to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers of enterprises, public institutions and individual economic organizations (hereinafter collectively referred to as employers).

In China, it is customary to divide units into four categories: government agencies, enterprise units, public institutions, and social organizations. Correspondingly, traditional legal theories also divide legal persons into four categories: government agency legal persons, enterprise legal persons, public institution legal persons, and association legal persons.

According to the "Interim Regulations on the Registration and Administration of Private Non-enterprise Units" promulgated and implemented on October 25, 1998, private non-enterprise units refer to social organizations organized by enterprises, public institutions, social organizations and other social forces, as well as individual citizens using non-state-owned assets, to engage in non-profit social service activities. One of its distinguishing features is that it is not organized by a ** or ** department.

The Interim Regulations on the Registration and Administration of Private Non-Enterprise Units stipulate that the so-called private non-enterprise units refer to social organizations established by enterprises, public institutions, social organizations and other social forces, as well as individual citizens, using non-state-owned assets to engage in non-profit social service activities. In other words, the fundamental attribute of private non-enterprise units is non-profit. Private non-enterprise units, as the main body of the market economy, do not carry out for-profit business activities, and public institutions refer to units or organizations engaged in public welfare undertakings such as culture, education, health, sports, law, and journalism for the purpose of social public welfare undertakings.

Public institutions include public institutions and private non-enterprise units. Except for the slight difference in funding, public institutions and private non-enterprise units are the same in nature and establishment procedures, and they all belong to the scope of public institutions.

A private non-enterprise unit is a form of public institution organization, and in accordance with the relevant provisions of the Labor Law, a private non-enterprise unit is qualified as an employer in the lawyer's labor relationship.

China's "Labor Law" promulgated on January 1, 1995 has updated the traditional theory of the quadrangle of legal persons, that is, public institutions have been innovated into "public institutions", which has solved the problem of the classification and characterization of legal persons of private non-enterprise units, that is to say, the Labor Law has made public institutions and private non-enterprise units two kinds of social undertakings of the nature of organizations, whether the surname is "public" or "private", has been collectively referred to as "public institutions". Due to the relative lag in the theoretical research work of private non-enterprise units in the legal theory circles, no one has proposed to innovate the theory of the type of public institution legal person into the theory of "public institution legal person".

To sum up, whether private non-enterprise units are state-owned, partnership, cooperative or other forms, they should belong to public institutions, and from the current market of private non-enterprise units, most of them are self-supporting and self-supporting.

According to Article 38 of the Labor Contract Law, an employee may terminate a labor contract if the employer fails to provide labor protection or working conditions in accordance with the labor contract: (1) (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; Article 82 If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage. Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided in this Law.

According to the above provisions, you can file a labor arbitration with the labor arbitration commission where the company is located, claim double the wage difference (from June 6, 2015 to October 31, 2015) for the unsigned labor contract, make up social security payments, and claim economic compensation for the company's failure to pay social insurance and not sign a labor contract with you.

In the case of employees of organs with a state administrative establishment, they shall be subject to the Civil Servants Act. If it is an employee who has established a labor contract relationship with a government agency, it shall be implemented in accordance with the Labor Law.

Labor Law of the People's Republic of China.

Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them.

State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.

Civil Servants Law of the People's Republic of China.

Article 2: "Civil servants" as used in this Law refers to staff members who perform public duties in accordance with law, are included in the state administrative establishment, and have their wages and benefits borne by the state treasury.