The rights of laborers engaged in noise work

When signing a labor contract with an employer, the laborer should pay attention to whether the contract has the following provisions:

(1) The name, address and legal representative or principal person in charge of the employer;

(2) The name, address and resident identity card or other valid certificate number of the worker;

(3) The duration of the labor contract;

(4) Work content and place of work;

(5) Working hours and rest and vacation;

(6) labor compensation;

(7) Social Insurance;

(8) Labor protection, working conditions and occupational hazard protection.

In addition to the above mandatory provisions, employers and laborers may also negotiate such other matters as probation period, training, confidentiality, supplementary insurance and welfare benefits.

For labor protection, labor conditions, and standards for protection against noise hazards, the state has formulated a series of laws, regulations, and policies. Where the state has provisions, employers must strictly implement them. Labor conditions and noise protection standards, as stipulated in the labor contract, can only be higher than the state regulations. If the state does not provide, employers and laborers must use the standards of the labor contract to meet the employees' physical health and life safety. It does not constitute a threat.

Workers engaged in noise operations should pay particular attention to whether the labor contract truthfully describes the health damage and consequences that may result from the work, noise protection measures and treatment, etc. In this regard, the employing unit must not conceal or deceive. When the work content changes, the employing unit should negotiate with the laborer to change the relevant terms of the original labor contract. Workers have the right to refuse to engage in high-noise hazard operations without protective measures, and employers must not release or terminate labor contracts with workers.

The labor contract must be in duplicate, a copy of the employer should be used, a copy of the laborer should be used, and the employer should keep the contract that the employer seals and then hand it to the laborer. Because once labor disputes or occupational disease certification issues arise, although the relevant laws and regulations clearly stipulate the existence of a de facto labor relationship, the labor dispute arbitration committee can accept and adjudicate in accordance with the law, but in terms of evidence effectiveness, the labor contract is more probative.

Obtaining occupational health protection is one of the basic rights of workers. These rights are clearly stated in various laws such as the Constitution, the Labor Law, the Trade Union Law, the Labor Contract Law, the Safe Production Law, and the Occupational Disease Prevention Law. Therefore, laborers exercise these rights. Rights are guaranteed by the state.
Right to know: Workers have the right to know the noise hazards in the workplace, the status of protective facilities, and the results of occupational health checks.

Right to receive training and education: Workers have the right to receive occupational health education and training.

Obtain occupational health protection rights: laborers have the right to occupational health protection in accordance with the law, including occupational health monitoring, occupational disease diagnosis, treatment, convalescence, rehabilitation, and other occupational health service rights; require the employer to provide productive noise protection facilities, personal protective equipment And the right to improve working conditions.

Workers engaged in noise operations shall, in accordance with the regulations, accept the occupational health examinations for the production and working hours and should be treated properly. If the occupational disease prevention agency considers it necessary to be hospitalized for further examination, regardless of whether it is finally diagnosed as an occupational disease, it may enjoy occupational disease treatment during this period.

Refusal of operating rights according to law: Laborers have the right to refuse to carry out high-noise hazards without the protection of sanitary conditions, and they have the right to refuse illegal instruction and to force risky operations.

Right to claim compensation: Workers have the right to seek compensation in accordance with the law for occupational noise caused by harmful production noise.

Participate in occupational health and democratic management rights: Laborers have the right to participate in the democratic management and democratic supervision of employers' occupational health work.

Request for proposal right: The laborer has the right to make recommendations on the treatment of noise hazards at the production site.

The right of accusation and accusation: The laborer has the right to report and accuse the employer of violating the occupational disease prevention laws and regulations and infringing the workers’ health rights and interests.

Special protection right: The rights of minors, women workers, and workers with occupational taboos to enjoy special occupational health protection.

Labor contract security: Laborers have the right to require employers to protect their labor safety, prevent occupational hazards, and deal with industrial injury insurance in their labor contracts; they have the right to require employers to enter into labor contract violations with workers in any form. The other agreements of the law are to exempt or reduce the legal liability of the laborers for legal injury or death from occupational safety and occupational diseases.

Once a worker has been diagnosed or identified as occupational noise, the unit to which he belongs must submit an application for work-related injuries to the coordinating regional labor security administrative department within 30 days from the date of diagnosis and identification of the occupational disease. In case of special circumstances, the time limit for the application can be extended appropriately, as agreed by the labor and security administrative department.

Where an employer fails to submit an application for work-related injury certification according to regulations, the sick worker or his or her immediate family member or trade union organization may, within one year from the day when the worker is diagnosed or identified as an occupational disease, submit directly to the district-level labor and social security administrative department where the employer is located. Injury certification application. The employer did not submit a work-injury certification application within the prescribed time limit. During this period, relevant expenses related to the provisions of the work-related injury and so on were incurred and were borne by the employing unit.

After the worker suffers from occupational noise, he or she usually conducts work injury identification and labor ability appraisal in the participating places, and enjoys work-related injury insurance benefits according to the provisions of the participating places. Where the employing unit does not participate in the work-related injury insurance at the place of registration and production and operation, and the worker suffers from occupational noise, the work-related injury identification and labor ability appraisal shall be carried out at the place of production and operation, and shall be paid by the employing unit in accordance with the provisions of the place of production and operation. Work injury insurance benefits.

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