Whether the employee is forcibly isolated for drug rehabilitation can be terminated by the employer

If the employee is forcibly isolated for drug rehabilitation, which is suspected of violating laws and disciplines, and cannot participate in labor in the unit, then the employer can terminate the labor contract.

The employee can terminate the labor contract during the period of drug rehabilitation, and the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Legal basis] Article 39 of the Labor Contract Law, the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Articles 38 and 47 of the Anti-Narcotics Law stipulate that the period of compulsory drug rehabilitation shall be 2 years, and the county-level public security organs may make a decision on compulsory drug rehabilitation for drug addicts under any of the following circumstances:

1) Refusal to accept community drug rehabilitation;

2) Ingesting or injecting drugs during the period of community drug rehabilitation;

3) Serious violation of the community drug treatment agreement;

4) Wu was addicted to drugs after community drug rehabilitation or compulsory drug rehabilitation, and continued to take drugs during the period of community drug rehabilitation, which meets the conditions for the implementation of compulsory drug rehabilitation(2) The relevant provisions of Article 39 of the Labor Contract Law do not regard drug abuse and being subject to "compulsory drug rehabilitation" as the statutory circumstances under which the employer may unilaterally terminate the labor contract, and Article 39 of the Labor Contract Law stipulates that the employer may terminate the labor contract if the employee has one of the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. Fraud, coercion or taking advantage of the danger of others when concluding or changing the labor contract, resulting in the invalidity of the labor contract;

6. In addition, Article 2 of the Reply to the Request for Instructions on Temporary Workers and Other Issues (Lao Ban Fa No. 1996238) of the General Office of the former Ministry of Labor stipulates that the employer shall handle the matters in accordance with the rules and regulations formulated by the employee in accordance with the law and the provisions of the labor contract regarding whether the employee is subject to compulsory or voluntary drug rehabilitation, whether the period of drug rehabilitation is regarded as absenteeism or personal leave, and whether the employee can be removed or dismissed.

2. Treatment of persons subject to compulsory drug rehabilitation.

1. Compulsory drug rehabilitation facilities shall conduct targeted physical, psychological and physical training for drug addicts according to the source of drug addiction, the type of drug injection and the degree of addiction.

2. According to the needs of drug rehabilitation, compulsory drug rehabilitation centers may organize drug rehabilitation personnel to participate in necessary production labor, conduct vocational skills training for drug addicts, and organize drug rehabilitation personnel to participate in production and labor, and shall pay labor remuneration.

3. Separate management of compulsory drug rehabilitation centers shall be carried out according to the gender, age, illness, and other conditions of the drug addicts.

4. Compulsory drug rehabilitation centers for other diseases shall provide necessary care and ** to drug rehabilitation persons with serious disabilities or diseases; Necessary and first-class measures shall be taken in accordance with the law for persons receiving treatment of drug addiction with infectious diseases; Protective restraint measures may be taken for persons receiving drug treatment who may injure themselves or harm themselves.

5. Personal dignity shall not be violated, and the managers of compulsory drug rehabilitation centers shall not physically punish, abuse or insult drug rehabilitation personnel.

6. The relatives of the persons receiving visits for drug rehabilitation and the staff of the units or schools where they belong may visit the persons receiving drug rehabilitation in accordance with the relevant regulations.

7. Persons who go out to visit relatives for drug rehabilitation may go out to visit their spouses and immediate family members with the approval of the compulsory drug rehabilitation center.

If he does not sign for the remorse, he can directly send it to his household registration address, which can be written on the courier note, and the courier bill and the delivery receipt are retained as evidence to prove that they have been sent to the worker.

1. Drug abuse is not a crime and will not be investigated for criminal responsibility in accordance with the law;

2. The termination of the labor contract between the employer and the drug addict may be based on the provisions of Article 39, Paragraph 2 of the Labor Contract Law: "If the employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract".

During the period of drug rehabilitation, if the employee seriously violates the company's rules and regulations or seriously derelicts his duties, engages in malpractice, and causes major damage to the company, the company can terminate the labor contract; Or through negotiation and other methods, the labor contract can also be terminated with the employee.

1. How long can the company terminate the labor relationship?

Generally, if you are absent from work for three days, which is a serious violation of the company's rules and regulations, the company may unilaterally terminate the labor contract. If the law does not stipulate the period of absenteeism, it shall be stipulated by the rules and regulations of the employer. The employer may unilaterally terminate the labor contract under any of the following circumstances:

Those who have been pursued for criminal responsibility in accordance with law; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; During the probationary period, it is proved that they do not meet the employment requirements; Other.

2. What should the company do if it wants to dismiss an employee?

If an employee is dismissed, the company shall give corresponding compensation according to the reason for the dismissal.

The specific description of compensation is as follows:

1. If an employee is dismissed without cause, the unit needs to pay double the economic compensation;

2. If the employee is dismissed at the expiration of the contract, the unit needs to pay economic compensation;

3. The economic layoff of the unit and the dismissal of employees need to pay economic compensation to Yeqin;

4. If the employee seriously violates the company's discipline, the unit does not need to pay compensation;

5. There is no economic compensation for being dismissed during the probation period because it does not meet the employment conditions.

An employer can terminate a labor contract under the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. Those who have been investigated for criminal responsibility in accordance with law.

Article 36 of the Labor Contract Law of the People's Republic of China.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Article 39.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 39 of the Labor Contract Law does not regard drug abuse and "compulsory isolation for drug rehabilitation" as statutory circumstances under which an employer may unilaterally terminate an employment contract. Article 39 of the Labor Contract Law stipulates that an employer may terminate an employment contract if an employee falls under any of the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. Fraud, coercion or taking advantage of the danger of others when concluding or changing the labor contract, resulting in the invalidity of the labor contract;

6. Being pursued for criminal responsibility in accordance with law. In addition, Article 2 of the Reply to the Request for Instructions on Temporary Workers and Other Issues issued by the General Office of the former Ministry of Labor stipulates that the employer shall handle the matters in accordance with the rules and regulations formulated by the employer in accordance with the law and the provisions of the labor contract as to whether an employee is subject to compulsory or voluntary drug rehabilitation, whether the period of drug rehabilitation is regarded as absenteeism or personal leave, and whether the employee can be removed or dismissed.

1. Treatment of persons subject to compulsory drug rehabilitation.

1. Give detoxification ****.

Compulsory isolation centers for drug rehabilitation shall conduct targeted physical, psychological and physical training for drug addicts according to the types of drugs they have taken or injected and the degree of addiction.

2. Those who participate in labor will receive labor remuneration.

According to the needs of drug rehabilitation, compulsory isolation centers for drug rehabilitation may organize drug addicts to participate in necessary production and labor, and provide vocational skills training for drug addicts. Those who organize drug rehabilitation personnel to participate in production and labor shall be paid remuneration for their labor.

3. Separate management.

Compulsory isolation centers for drug rehabilitation shall manage drug addicts separately according to their gender, age, illness, and other circumstances.

4. Other diseases.

Compulsory isolation centers for drug rehabilitation shall provide necessary care and ** to persons receiving drug treatment with serious disabilities or diseases; For persons undergoing drug rehabilitation with infectious diseases, necessary isolation and ** measures shall be taken in accordance with the law; Protective restraint measures may be taken for persons receiving drug treatment who may injure themselves or harm themselves.

5. Personal dignity is inviolable.

Persons who are forcibly separated from the dust and taken away from drug rehabilitation centers shall not be corporal punishment, abuse or humiliation of drug rehabilitation personnel.

6. Accept visits.

Relatives of persons receiving treatment of drug addiction and staff members of their units or schools may visit persons receiving treatment of drug addiction in accordance with relevant regulations.

7. Go out to visit relatives.

Persons receiving treatment of drug addiction may go out to visit their spouses and immediate family members upon approval of the compulsory isolation drug rehabilitation center.

Drug abuse and compulsory isolation for drug rehabilitation are not statutory circumstances under which the employer has the right to unilaterally terminate the contract, but if the employee seriously violates the rules and regulations of the employer, the employer has the right to unilaterally terminate the labor contract. Whether the period of drug rehabilitation is counted as absenteeism or personal leave, and whether the employee can be removed or dismissed, shall be handled by the employer in accordance with the rules and regulations formulated by the employer in accordance with the law and the provisions of the labor contract.

Legal basis] Article 39 of the Labor Contract Law, the employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5. Premature omission) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.