What should I do if the company does not cooperate with employees to do occupational disease identif

Employees can also report and complain to the safety supervision department on their own.

Article 36 of the Law on the Prevention and Treatment of Occupational Diseases stipulates that for workers engaged in operations that expose them to occupational disease hazards, the employer shall organize occupational health examinations before, during and after employment in accordance with the regulations of the Ministry of Work Safety Supervision and Administration and the health administrative department, and inform the workers in writing of the results of the examination. The cost of occupational health examination shall be borne by the employer.

Employers shall not arrange for workers who have not undergone pre-employment occupational health examinations to engage in work that exposes them to occupational disease hazards; Workers with occupational taboos shall not be arranged to engage in operations that are taboo to them; Workers who are found to have health damage related to their occupation during the occupational health examination shall be transferred from their original jobs and properly resettled; Employees who have not undergone a pre-departure occupational health examination shall not be dissolved or terminated from the labor contract concluded with them.

According to Article 21 of the Administrative Measures for the Diagnosis and Appraisal of Occupational Diseases (Decree No. 91 of the Ministry of Health), the following materials shall be submitted for the diagnosis of occupational diseases: the occupational history of the worker and the history of exposure to occupational disease hazards, the results of the occupational health examination of the worker, the results of the examination of occupational disease hazards in the workplace, and the personal dose test files related to the diagnosis of occupational radiation diseases. Since some of the above-mentioned information is in the possession of the employer and cannot be provided by the employee, Article 24 of the Measures stipulates that:

When diagnosing an occupational disease, the occupational disease diagnosis institution shall notify the employer to provide the occupational disease diagnosis materials specified in Article 21 of these Measures in its possession, and the employer shall truthfully provide them within 10 days after receiving the notice. Article 25 stipulates: "If the employer fails to provide the information required for the diagnosis of occupational diseases within the prescribed time, the occupational disease diagnosis institution may request the production safety supervision and management department to supervise and urge the employer to provide such information in accordance with the law."

If the company refuses to issue relevant diagnostic information when an employee is diagnosed with an occupational disease, the occupational disease diagnosis institution that accepts the employee's application shall submit it to the work safety supervision and management department for supervision and investigation in accordance with the law. At the same time, employees can also report and complain to the safety supervision department on their own. In addition, the cost of diagnosis and appraisal of occupational diseases shall be borne by the company in accordance with the law.

If the company does not cooperate with the employee to do the occupational disease evaluation, the employee can get the company to cooperate through the following methods: negotiate with the employer; Apply for mediation to the grassroots Yanzhao people's mediation organization, enterprise labor dispute mediation committee, or an organization with labor dispute mediation functions established in townships and streets; Apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, he filed a lawsuit with the people's court.

[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

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 in the people's court, except as otherwise provided by this Law.

Legal analysis: If the company does not cooperate with the employee to do the occupational disease evaluation, the employee can get the company to cooperate through the following methods: negotiate with the employer; Apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions set up in townships, towns, and neighborhoods; apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court.

Legal basis: Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 in the people's court, except as otherwise provided by this Law.

Legal analysis: If the company does not cooperate with the employee to do the occupational disease evaluation, the employee can get the company to cooperate through the following methods: the company negotiates with the employer; Apply for mediation to grassroots people's mediation organizations, enterprise labor dispute preparation and mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court.

Legal basis: Labor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 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; Unless otherwise provided in this Law, a person who refuses to accept the arbitration award may file a lawsuit with the people's court.

If the company does not cooperate with the employee to do the occupational disease identification, the employee can get the company to cooperate through the following methods: negotiate with the company; apply for mediation to grassroots people's mediation organizations, enterprise labor dispute mediation committees, or organizations with labor dispute mediation functions established in townships and neighborhoods; apply to the Labor Dispute Arbitration Commission for a judgment on the merits of the second grandson; If they are not satisfied with the arbitration result, they shall file a lawsuit with the people's court.

Article 5 of the Law on Mediation and Adjudication of Disputes.

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 in the people's court, except as otherwise provided by this Law.

If they are not satisfied with the conclusion of the occupational disease appraisal and the appraisal of the appraisal, they may apply to the provincial health department where the original appraisal institution is located for re-appraisal within 15 days from the date of receipt of the diagnostic appraisal certificate, and the provincial appraisal shall be the final appraisal. The occupational disease appraisal institution shall organize the appraisal within 40 days from the date of accepting the appraisal application, form an appraisal conclusion, and issue a pre-employment forest disease appraisal certificate.

Article 36 of the Administrative Measures for the Diagnosis and Appraisal of Occupational Diseases.