First, the cost of medical examination shall be borne by the unit or individual.
Who should bear the medical expenses? There is no explicit provision in the law, which depends on the situation. First, if the employer informs the job seeker that he has joined the job and asks for a medical examination, the medical examination fee shall be borne by the employer. If the employer informs the job seeker that he has joined the job, and then asks the job seeker to have a medical examination, which is in accordance with the specific requirements of the employer, then the medical examination is also a part of the recruitment activities, and the medical examination fee is a part of the recruitment fee, which should be borne by the employer. 2. If the employer requires a medical examination of the defendant at the time of recruitment, and no other specific requirements are set, the medical examination fee shall be handled according to the company's rules and regulations. If the employer does not put forward specific requirements for job seekers such as designated medical institutions and personnel fees, the medical examination fees shall be handled in accordance with the company's rules and regulations. If there are no specific provisions in the company's rules and regulations, it shall be handled in accordance with the company's consistent handling principles.
Article 9 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the employer shall not detain the employee's resident identity card and other documents, and shall not require the employee to provide a guarantee or collect property from the employee in other names.
Physical examination is a health examination that candidates must attend after the interview is passed and the enterprise decides to hire.
Under normal circumstances, the company will let employees pay in advance, pass the medical examination, and then submit an expense account after joining the company. If they fail, most job seekers will bear their own expenses. There are also some companies that designate hospitals through outsourcing companies, and the expenses are settled without personal payment. Specific circumstances, according to the provisions of the employer.
2. Is the liquidated damages of the labor contract borne by the individual?
Liquidated damages refer to the money that one party should pay to the other party for breach of contract according to the agreement of the parties or the direct provisions of the law. The standard of liquidated damages is money, but the parties may also agree that the subject matter of liquidated damages is other property than money. Liquidated damages can guarantee the performance of debts, punish the defaulter and compensate the losses of the innocent party. Therefore, some countries regard it as one of the measures to guarantee the contract, and some countries regard it as a way to bear the responsibility for breach of contract. Article 25 of the Labor Contract Law stipulates: "Except in the circumstances stipulated in Articles 22 and 23 of this Law, the employer shall not agree with the employee that the employee shall bear the liquidated damages." That is, only under the conditions of agreed service period and non-competition restriction can the laborer be agreed to bear the liquidated damages. This is the first time that China clearly stipulates the application of liquidated damages in labor contracts. Regarding the standard of liquidated damages, first of all, if a worker violates the service period agreement, he can agree on liquidated damages. According to Article 22 of the Labor Contract Law: "If a laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages for violating the service period shall not exceed the training expenses provided by the employer. At the time of breach of contract, the liquidated damages paid by the laborer shall not exceed the training expenses that should be shared for the unfulfilled part of the service period. " Secondly, if the laborer violates the provisions on non-competition, he may stipulate liquidated damages. However, there is no specific provision in the same law on the amount of liquidated damages for violation of non-competition, which means that workers and employers can negotiate and agree, but the liquidated damages for violation of non-competition cannot violate the provisions of relevant laws and the principle of fairness.
3. Is the work-related injury and lost time paid by the unit or the individual?
If an employee is injured at work or on the way to and from work, he can apply for lost time, and the payer of lost time is the employee's unit.
Article 33 of the Regulations on Work-related Injury Insurance stipulates that if an employee suffers from an accident or occupational disease at work and needs to suspend work to receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid suspension of work, and the unit where he works will pay him monthly.
The paid shutdown period generally does not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months.
After assessing the disability level, the injured workers shall stop the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this chapter. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 8 of People's Republic of China (PRC) Labor Contract Law stipulates that when employing workers, the employer shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safe production conditions, labor remuneration and other information that the workers require to know; The employer has the right to know the basic information directly related to the labor contract, and the employee shall truthfully explain it.