labor contract dispute case six, Chen Moumou v. Chongqing Chengkou manganese industry limited company was diagnosed as the referee essence: workers occupation disease observation object and not suitable to continue to engage in the original work, the employer shall arrange for other jobs. The employer fails to arrange, still should pay labor remuneration to the. In view of the fact that the employee does not actually provide labor, the labor remuneration may be paid according to the standard of sick pay.

    basic facts: September 17, 2012, Chen Moumou to Chongqing County XX manganese industry limited company (hereinafter referred to as XX manganese industry company) to the hospital for the entry examination, the heart and lung was normal. So and so manganese industry in September 21, 2012 to participate in the industrial injury insurance for Chen moumou. March 15, 2013, Chen Moumou non injured in hospital for treatment, and discharged in April 4, 2013. In October 14, 2013, Chen after the hospital diagnosed with early pulmonary silicosis, double lung patchy shadows, suggestions for further examination. In October 25, 2013, Chen was diagnosed by Southwest Hospital “ right middle lobe of the middle lobe of the small nodule ”. April 21, 2014, Chen held a certain manganese industry company issued a certificate to Chongqing City Center for disease prevention and control inspection, diagnosis as the object of observation, treatment advice for the continuous observation period of 5 years, once every 12 months. In September 24, 2014, Chen Moumou Moumou request for arbitration, manganese industry companies to pay fees, appraisal fees, diagnosis, transportation fees, accommodation, living expenses, suspension with pay during the treatment, the observation period and pay wages according to the original salary standard. After Chen Moumou refused to accept the arbitration award, the people's court proceedings.

    the court judges believe that the workers enjoy the right to occupational health protection. In this case, Chen was diagnosed as the object of observation, belonging to a suspected occupational disease patients in the diagnosis and treatment of medical treatment according to the relevant treatment according to law. Chen Moumou payment of diagnostic fees, appraisal fees, as well as the actual expenses of transportation and other transportation costs should be borne by the company. For the observation period of salary, according to the relevant provisions of the "People's Republic of China occupation disease prevention law", for it is not suitable to continue in the original work of the medical workers in the observation period, the employer shall be removed from the original post, and the proper placement. In this case, Chen Moumou was identified as the object of observation, so manganese company should be properly arranged jobs, but certain manganese company could not prove as Moumou arrangements are not exposed to dust jobs, so Chen Moumou require payment of wages during the period of observation should be supported. But in view of Chen Mou suffering from disease, not actually engaged in labor, wages should be paid according to sick pay. The people's court ruling Moumou manganese industry company in accordance with the standard sick pay to pay the salary of the observation period of 49400 yuan.