Can an employer dismiss an employee if an employer is detained for acting in a car accident?

If an employee is in a car accident and is detained during criminal detention, it is a serious violation of the company's rules and regulations, and the employer can dismiss the employee without paying any economic compensation or compensation to the employee.

Labor Contract Law of the People's Republic of China

Article 39 The employer may terminate the labor contract if the worker 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 analysis: The employee's illegal and fraudulent use obviously affects the performance of the labor contract, and the employer may terminate the labor contract with the employee after the employee violates the law, depending on the seriousness of the violation.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China 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, which seriously affects the completion of the work tasks of the employer, or the employee refuses to make corrections after being proposed by the employer;

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.

1. Employees cannot be dismissed at will during the period of missing work due to a car accident, and the employer shall not terminate the labor contract within the prescribed medical treatment period if the employee is sick or injured not due to work; Even when there is an economic layoff or a major change in the objective situation of the enterprise, the employer shall not terminate the labor contract with the employee;

2. The former Ministry of Labor specified the medical period corresponding to different working years in the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees", and the sick leave of sick or non-work-related injured employees was given a medical treatment period of three months to 24 months according to their actual working years and working years 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.

1. What are the legal consequences of illegally terminating a labor contract?

According to the provisions of the Labor Contract Law, there are two legal consequences of illegal termination by an employer:

a) It is compulsory to continue to perform.

To compel an employer to continue to perform, the following three conditions must be met at the same time:

1. The employer illegally terminates the labor contract;

2. The worker has the requirement to continue to perform the contract;

3. The employer has the ability and conditions to continue to perform the labor contract.

2) Compensation shall be paid to the worker at twice the rate of economic compensation.

1. If the employee does not request to continue to perform or is actually unable to continue to perform in the event of illegal termination by the employer, he or she may choose to request the employer to pay compensation. The rate of payment is twice the rate of severance compensation. If the compensation is in competition with the economic compensation, the compensation shall be paid.

2. Car accidents are natural and man-made disasters that no one can predict, if the employee becomes a severe vegetative person or dies because of the car accident, the company can be dismissed according to law under this very special situation. But it is only necessary to be hospitalized to receive **, theoretically, in the case of hospitalization during a car accident**, the company also has to issue sick leave benefits, but there are many companies that blatantly dismiss employees.

Legal Analysis: Criminal detention is only one of the procedures of criminal proceedings, not the result. Only if the employee is found guilty can the employer terminate the labor contract with the employee or dismiss him from public office.

Legal basis: Labor Contract Law of the People's Republic of China

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker 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.

Summary. Does the unit have the right to dismiss the employee if he is detained, if the employee is criminally detained and is eventually investigated for criminal responsibility, the employer can dismiss him/her, and if he is not ultimately investigated for criminal responsibility, the unit cannot dismiss him/her; If an employee is in judicial or administrative detention, the employer cannot dismiss the employee unless the company's rules and regulations stipulate that it is a serious violation of the company's rules and regulations.

If the employee is criminally detained and is sent to be coarse and eventually investigated for criminal responsibility, the unit can dismiss him, and if he is not finally investigated for criminal responsibility, the unit cannot dismiss him; If an employee is detained or administratively detained by the Sichen Town Law, the employer cannot dismiss the employee unless the company's rules and regulations stipulate that it is a serious violation of the company's rules and regulations.

Legal basis] Article 39 of the Labor Contract Law provides that the employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment during the probationary period; 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 the first paragraph of paragraph 1 of Article 26 of this Law; 6) Those who have been pursued for criminal responsibility in accordance with law.

Summary. Hello dear, the employee of the unit is detained, and the unit actually has the right to fire. In practice, if it is just an ordinary administrative detention, it will generally not face dismissal, and the party will be given corresponding administrative sanctions, and it is not advisable for the employer to terminate the labor contract with the employee on the grounds that the employee is under administrative detention.

According to Article 25 of the Labor Contract Law, if an employee is investigated for criminal liability, the employer may terminate the employment contract with the employee. However, according to the relevant provisions, "being investigated for criminal responsibility" refers to a person who has been sentenced to a criminal penalty by a court, including being sentenced to controlled release, criminal detention, fixed-term imprisonment and suspended sentence, life imprisonment, death penalty, etc.

Hello, I would like to ask about the detention of the employee, the nine-day unit has the right to dismissal.

Hello dear, the employee of the unit is detained, and the unit actually has the right to fire. In actual life, if it is just an ordinary administrative detention, it will generally not face dismissal, and the party will be given corresponding administrative sanctions, and it is not advisable for the unit to terminate the labor contract with the employee on the grounds that the employee is under administrative detention. According to Article 25 of the Labor Contract Law, if an employee is investigated for criminal liability, the employer may terminate the employment contract with the employee.

However, according to the relevant provisions, "being investigated for criminal responsibility" refers to those who have been sentenced by the court, including being sentenced to controlled release, criminal detention, fixed-term jujube las imprisonment and probation, life imprisonment, death penalty, etc.

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If you are administratively detained Jiuyinyantian, the trouser unit can actually retain the right to fire you, and if your behavior is seriously inconsistent with the company, then the company's dismissal is within the scope permitted by the labor law.

Criminal detention is only one of the procedures of criminal proceedings, not the result of the disposition. Only if the employer is found guilty can the employer terminate the labor contract with the informant or dismiss him from public office. If a person is found guilty, the people's court must make a judgment.

Where staff of public institutions are sentenced to criminal punishment in accordance with law, they are to be given sanctions of demotion or removal from their posts or higher. Of these, those who have been sentenced to fixed-term imprisonment or higher in accordance with law are to be given a sanction of expulsion. 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 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 a labor relationship with several other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; 5. The contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6. Being pursued for criminal responsibility in accordance with law.