How Did The Employer Inform The Worker How To Safeguard His Rights?

A chemical plant advertised for skilled workers. Yang came to the factory a long way and applied for it smoothly. His job was rubber production, and he signed a 3 year labor contract.

After going to work, Yang has to touch dust, butadiene and hexane every day. Only after six months can he know that these things are very harmful to human health.

Because in the application time, the company did not explain to Yang that the position is facing the harm, in the labor contract did not write, Yang has found the responsible person to discuss, and proposed to adjust the job.

The director explained that the rubber production work was just unpleasant smell and had little effect on the body and disagreed with his request.

If he disobeys the arrangement, he can only rescind the labor contract.

To this end, the two sides dispute.

Yang wanted to take the butt away, but he was not willing to lose the travel expenses he had to apply for.

Then, how should we deal with the disputes between the two sides?

First of all, workers have the right to know, and the company violates the mandatory provisions of the law.

The eighth provision of the labor contract law stipulates: "when employing units to recruit laborers, they should truthfully inform workers of their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration, and other circumstances that workers require to know. Employers have the right to understand the basic situation of workers directly related to labor contracts, and workers should be truthful."

The thirty-fourth article and first paragraph of the law on prevention and control of occupational diseases stipulates: "when a labor contract is signed between the employer and the laborer (including the employment contract, the same below), the occupational hazards and consequences, occupational disease protection measures and treatment that may be generated in the course of work shall be truthfully informed to the laborers, and shall be stated in the labor contract, and shall not be concealed or deceived."

The second paragraph of the article stipulates: "

When a work contract or work content is changed during the labor contract, the employer shall perform the duty of truthfully inform the laborer in accordance with the provisions of the preceding paragraph and engage in consultation to change the relevant provisions of the original labor contract.

These are mandatory provisions and employers must strictly abide by them.

In this case, the dust, butadiene, hexane and other contacts exposed to Yang's work have been included in the classified catalogue of occupational hazard factors by the state. The company has not fulfilled the duty of disclosure when recruiting Yang, nor has it written in the labor contract, which obviously violates the mandatory provisions of the above laws.

Second, the company should adjust jobs for Yang and not have the right to dismiss Yang.

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"The thirty-fourth paragraph, the third paragraph, stipulates that the employer fails to perform the duty of disclosure on occupational hazards." the laborer has the right to refuse to engage in any occupational hazards, and the employer shall not terminate the labor contract concluded with the worker. "

It is clear that in accordance with the provisions, Yang refused to continue to work in the post and unwilling to resign, the company should adjust its job for it, and has no right to unilaterally terminate the labor contract.

Thirdly, if Yang wants to terminate the contract, he should advocate that.

It is invalid and requires the company to bear the liability for compensation for losses and payment of compensation.

The twenty-sixth clause and first paragraph of the labor contract law stipulate that the labor contract which violates the mandatory provisions of laws and administrative regulations is invalid or partially invalid.

The thirty-eighth article (5) stipulates that the labor contract shall be relieved by the employer as a result of the invalidation of the labor contract due to the circumstances stipulated in the twenty-sixth article of this Law and first paragraphs.

The forty-sixth item (1) stipulates that the laborer shall pay the economic compensation in accordance with the provisions of the thirty-eighth provision of this law.

The eighty-sixth provision provides that the labor contract shall be invalidated if it is confirmed to be invalid in accordance with the twenty-sixth provision of this law, and the party at fault shall be liable for compensation.

According to these Provisions, Yang can apply for a labor and personnel dispute arbitration body to confirm that the labor contract is invalid and require the company to compensate for the loss incurred by the applicant for the job and to travel to work.

After that, Yang can terminate the labor contract according to law and ask the company to pay economic compensation to him according to law.

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