If the labor contract is terminated after the expiration of the medical treatment period, economic compensation will be paid, and if the employee is dismissed for fault, no economic compensation will be paid. Among them, the severance compensation is generally calculated according to the number of years of service of the employee in the unit, and one month's salary is paid for each full year.
1. Whether economic compensation can be obtained for terminating the labor contract after the expiration of the medical treatment period
If the employer terminates the labor contract after the expiration of the employee's medical treatment, it generally meets the requirements of dismissal without fault and shall pay the employee economic compensation. However, if the employee is dismissed for fault, no economic compensation shall be paid.
Labor Contract Law
Article 40. Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
Article 47.
Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
2. What should I do if the unit does not pay economic compensation?
Workers may apply for labor arbitration in accordance with the law.
Article 2 of the Law on Mediation and Arbitration of Labor Disputes.
This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1.Disputes arising from the confirmation of employment relations;
2.Disputes arising from the conclusion, performance, modification, rescission and termination of employment contracts;
3.disputes arising from removal, dismissal, resignation or resignation;
4.disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
5.Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.;
6.Other labor disputes stipulated by laws and regulations.
Article 79 of the Labor Law.
After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
3. When should the employer pay the severance payment?
Severance is paid at the end of the handover.
Article 50 of the Labor Contract Law.
The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.