[Comprehensive] Is this ascending work "no labor protection provided"?

Case introduction

Qu You works in a sanitary ware company and is engaged in electrical work. On November 24, 2015, at the request of the sanitary ware company, Qu Mou ascended the 6-meter maintenance workshop channel lights. The company did not provide seat belts and safety helmets when the company climbed to a height. The size of the operating platform for the vehicle was 1.42 meters long, 0.76 meters wide and 1.1 meters high. Qumou did not climb the operation certificate, and the sanitary ware company also did not carry out the training of climbing assignments. Sanitary Ware Company stated that the company’s climbing car does not belong to special equipment specified by the state and does not require a special equipment use permit. Qumou does not specialize in or frequently conduct high-level operations, so it does not require an ascending work permit. In his usual work, Qu Mou occasionally performs climbing operations according to the requirements of the sanitary ware company.

The labor contract between the two parties stipulates that the company will provide safe and hygienic work conditions in accordance with relevant laws and regulations and work in an environment that does not harm health or personal safety; the company shall provide education and training for employees in labor safety and health to prevent casualties in the labor process. Accidents reduce the occurrence of occupational diseases.

On January 13, 2016, Qu Mou took the risk of directing employees to dangerous work, unlicensed operations, and violated labor contracts and related laws and regulations on the grounds of rescinding the labor contract and arguing for economic compensation and bringing up labor dispute arbitration.

process result

The arbitration commission supported Qu's arbitration request.

Arbitration reason

The focus of the dispute in this case was whether the entity did not conduct professional training and did not provide safety helmets in the above operations. Whether it was a case where the laborer could unilaterally terminate the labor contract and required economic compensation.

According to the "Regulations on the Management of Special Operations Personnel Safety Technology Training Assessment," special operators must undergo special safety technical training and pass the examination, and only after obtaining the special operation certificate, can they perform the job. As a special operation, a high place operation refers to a work that is performed at a height of 2 meters or more where a falling height reference surface may fall.

Article 38 and Article 46 of the Labor Contract Law stipulate that the unit does not provide labor protection or labor conditions as stipulated in the labor contract, and the laborer may terminate the labor contract and require the unit to pay for economic compensation. In this case, the labor contract signed by both parties clearly stipulated that the company will provide safe and hygienic working conditions and provide employees with labor safety training. Qu of a high altitude operation of 6 meters, far more than 2 meters, although only occasionally construction, the company should conduct training and job guidance to make it meet the relevant skills before they can be allowed to work. And the height of the aerial work platform of Qumou is only 1.1 meters, which increases the risk of operation. Sanitary ware company did not provide protective measures such as safety belts and helmets, which is inconsistent with the stipulations in the labor contract. It belongs to the laborer who can unilaterally terminate the labor contract. Claiming economic compensation. Therefore, in this case, Qu’s claims should be supported. (Zheng Jie, Labor and Personnel Dispute Arbitration Court, Suzhou Industrial Park, Jiangsu Province)