does such climbing work belong to “no labor protection”

Brief introduction to the case

Qu joined a sanitary ware company and worked as an electrician. On November 24, 2015, at the request of the sanitary ware company, the passage lamp of a 6m high maintenance workshop was installed. When Qu ascended, the sanitary ware company did not provide him with a safety belt and helmet, and the dimensions of the climbing platform were 1.42M long, 0.76M wide and 1.1m high. Qu has no climbing operation certificate, and the sanitary ware company has not conducted climbing operation training for Qu. The sanitary ware company said that the company’s climbing car does not belong to the special equipment stipulated by the state and does not need to apply for a license for the use of special equipment. Qu is not specialized in or often works at heights, so he does not need a climbing work license. Qu in his usual work, occasionally according to the requirements of sanitary ware company for climbing operation

it is stipulated in the labor contract of both parties that the company will provide safe and hygienic working conditions in accordance with relevant laws and regulations, and work in an environment that does not harm health or personal safety; The company shall conduct education and training on labor safety and health for employees, so as to prevent casualties in the process of labor and reduce the occurrence of occupational diseases

on January 13, 2016, Qu terminated the labor contract, claimed economic compensation and filed for labor dispute arbitration on the ground that the company took the risk of commanding employees’ dangerous and unlicensed operations and violated the labor contract and relevant laws and regulations< The Arbitration Commission supported Qu's arbitration request reasons for arbitration the focus of the dispute in this case is whether the unit did not provide professional training, safety helmet and other measures in the above operation, which belongs to the situation that the laborer can unilaterally terminate the labor contract and ask for economic compensation according to the regulations on the management of safety technology training and assessment for special operation personnel, special operation personnel must undergo special safety technology training and pass the assessment, and can work only after obtaining special operation certificate. As a kind of special work, work at height refers to the work that is specially or often carried out at the height of 2m or above the falling height datum level where there is a possibility of falling Articles 38 and 46 of the labor contract law stipulate that if the unit fails to provide labor protection or working conditions as agreed in the labor contract, the employee can terminate the labor contract and require the unit to pay economic compensation. 1n this case, the labor contract signed by both parties clearly stipulates that the company will provide safe and hygienic working conditions and conduct labor safety training for employees. The height of aerial work in Qu is 6 meters, far more than 2 meters. Although the construction is only occasionally carried out, the company should carry out training and operation guidance to make it meet the relevant skills before it can carry out the operation. Moreover, the height of Qu’s aerial work platform is only 1.1 meters, which increases the risk of operation. The sanitary ware company does not provide protective measures such as safety belt and helmet, which is contrary to the agreement in the labor contract. 1t belongs to the situation that workers can unilaterally terminate the labor contract and claim economic compensation. Therefore, in this case, Qu’s claim should be supported(Jiangsu Suzhou 1ndustrial Park Labor and personnel dispute arbitration court (Zheng Jie)

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