A healthy body is the first fortunate thing, but in the long years, who can guarantee that you will not get sick, and office workers are worse when they are sick, especially if they are sick and have to be hospitalized, the company will find various reasons to dissuade them, so if the worker suffers from cancer, can the employer dismiss him?
Netizen consultation:
If a family member has cancer and a job, can the company fire him?
Anhui Zizhi Law Firm Jiangdong lawyer answers:
The employer cannot terminate the employment contract due to the employee's illness.
If an employee suffers from cancer, he or she will be given a certain period of medical treatment according to the number of years of service, and the contract cannot be terminated during the medical treatment period. If an appraisal is required at the end of the medical treatment period, and if the patient can handle the sick retirement, the sick retirement, the sick retirement, the sick retirement, the sick retirement, and the sick retirement, and the resignation cannot be handled, economic compensation may be given and the contract may be terminated in accordance with the law.
After the expiration of the medical treatment period, if the employee is unable to adapt to the post due to illness, then the employer can dismiss the employee. But to pay compensation. It is calculated according to whether the employee's tenure is more than one year, and if it exceeds one year, the compensation for each year corresponds to one month.
Article 42 of the Labor Contract Law of the People's Republic of China An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law if an employee falls under any of the following circumstances:
1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;
2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;
3) Illness or non-work-related injury, within the prescribed medical treatment period;
4) Female employees are pregnant, giving birth, or breastfeeding;
5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;
6) Other circumstances provided for by laws and administrative regulations.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
Jiangdong lawyer analysis:
The period of medical treatment for an employee's illness or non-work-related injury shall be determined according to the number of years of service.
Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".
Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and the number of years he has worked in the unit
1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.