Suffering From Occupational Diseases Is Difficult To Adjust Posts And Reduce Wages.

Mr. Hubei Yi Yi worked in Jiangmen. He was pferred to the employer to reduce his salary due to occupational diseases.

Since 2007, Mr. Yi has been in power for 7 years and has finally received compensation from the factory.

In 2015, Mr. Yi had withdrawn from his job, but he still retained labor relations with the company and received disability allowance on a monthly basis.

Speaking of the rights protection experience, Mr. Yi told reporters directly: "migrant workers are too hard to protect their rights."

In July 25, 2003, Mr. Yi was recruited after being examined by a company in Jiangmen. After being physically healthy, he was assigned to work in the stamping production department. The two sides signed a written labor contract. The company did social insurance for Mr. Yi, but did not inform him that his position was poisoned.

After entering the office, Mr. Yi had a large exposure to paint and did not wear effective anti drug labor protection products. He worked for about 12 hours a day.

In July 2005, Mr. Yi was unable to leave the hospital for treatment because of his unusual physical maladies and unknown etiology in Jiangmen general hospital.

In August 17th of that year, Yi was diagnosed as acute promyelocytic leukemia by the people's Hospital of Jujube, Hubei.

Later, Mr. Yi rushed back to Jiangmen and asked the company to be responsible for the treatment.

In October 27th of the same year, it was diagnosed as acute promyelocytic leukemia.

In December 2005, Mr. Yi made a request to the company.

The diagnosis was rejected.

In March 2006, the company made use of Mr. Yi's urgent medical expenses and signed a post adjustment agreement with Mr. Yi to adjust his post to a prison supervisor, whose salary was reduced from 3400 yuan to 1465 yuan.

In July of the same year, when he repeatedly asked the company to do its own occupational disease diagnosis, Mr. Yi had applied for occupational disease diagnosis at the Guangdong occupational disease prevention and treatment hospital (hereinafter referred to as the provincial defense hospital) at his own expense, but the company could not enter the program because it had not been able to match the materials required for the diagnosis of occupational diseases.

After a year and a half of hard work, at the end of 2006, the company successively appeared one case of leukemia patients, two cases of benzene poisoning patients, and January 2007 provincial defense hospital issued a notice of admission to hospital.

The company finally sent Mr. Yi and others to the hospital for suspected occupational diseases.

In May 2007, Yi was diagnosed as an occupational tumor (leukemia caused by benzene) by the hospital.

In June of the same year, the labor and Social Security Bureau of Xinhui District of Jiangmen identified Mr. Yi as an official.

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In September 2007, Mr. Yi applied for labor arbitration in the Xinhui District labor dispute arbitration committee of Jiangmen. He asked the company to pay for the hospitalization expenses, the hospitalization expenses, the difference between the wage and salary period, the economic compensation, the examination and treatment of the fare and the nursing expenses, etc., which was more than 10 yuan, but was refunded.

In January 15, 2008, Mr. Yi prosecuted the people's Court of Xinhui District.

The court held that the company's adjustment of Mr. Yi's position and the reduction of its wages were legal and did not defaulted on Mr. Yi's salary, so he dismissed Mr. Yi's request.

Mr. Yi appealed to the intermediate people's Court of Jiangmen.

The Jiangmen intermediate people's court held that the starting time for workers with occupational diseases to enjoy the original salary and welfare benefits should start with the determination of suspected occupational diseases, instead of starting from the day when the workers were suffering from occupational diseases. The Jiangmen intermediate people's hospital was pieced together to calculate the average labor cost of Mr. Yi in the first 12 months of January 2007. The company decided to pay Mr. Yi's salary difference and medical expenses, nursing expenses and living expenses for more than 40 thousand yuan.

In July 20, 2010, Mr. Yi applied for a retrial to the higher people's Court of Guangdong province. He asked to confirm that the company's salary adjustment agreement was invalid. At the same time, he continued to advocate that the company should pay the wage difference and the corresponding economy after its illness according to the monthly average wage of leukemia.

But it was rejected.

Mr. Yi refused to accept the letter and then sent a petition to the high court of Guangdong province. After receiving detailed information from Mr. Yi, the receptionists held that the court found that the facts were not clear, the application of the law was not correct, and the trial supervision procedure was applied for retrial. However, in the process of organizing the trial, the chief judge asked Mr. Yi to consult with the company.

Subsequently, Mr. Yi's application for protest against the Jiangmen municipal procuratorate was dismissed.

The Guangdong provincial procuratorate filed a protest according to law, and was tried by the Guangdong Provincial Higher People's court.

In 2014, the Guangdong provincial high court finally supported Mr. Yi's claim that the base of pay off pay was calculated according to the average wage of 12 months before suffering from leukemia in August 2005.

Since 2007, he applied for arbitration and got the verdict in 2014. 7 years later, Mr. Yi finally got the fair decision.