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我国现行企业职工医疗期制度是社会主义市场经济的时代产物,为确立、维护劳企双方合法权益,构建和谐劳动关系起到了积极作用。但是它遗漏了企业职工的非在职医疗期,无视“本单位工作年限”与“实际工作年限”的单向线型包含关系、人为地将两个因素并列看待、无法实现医疗期与工作年限之间的精准对接。重构我国企业职工医疗期制度,建议将企业职工医疗期划设为在职医疗期与非在职医疗期,医疗期由工作年限单向确定、逐年递增,取消医疗期计算周期,特殊贡献的企业职工适当增加医疗期。
The medical system of the current enterprise workers in our country is a product of the times of the socialist market economy and has played a positive role in establishing and maintaining the legitimate rights and interests of both employers and employees and in building a harmonious labor relation. However, it omits the non-working medical staff of enterprises and neglects the one-way linear inclusion relationship between “the unit’s working life” and “actual working life”. Artificially, the two factors are considered side by side and the medical period can not be achieved Accurate docking with years of service. Reconstruct medical system of employees in our country, it is suggested to set medical plan of enterprise workers as working medical period and non-working medical period, the medical period should be determined one-way by working years, increasing year by year, canceling medical period calculation period and special contributing enterprise workers Appropriate to increase the medical period.