If the contract is less than five years, is the employment contract terminated after the sick leave

If the employee is still unable to return to work after the medical treatment period, the employer may terminate the employment contract between the two parties, but it is required to pay the employee severance and pay one month's salary for every year of service. In addition, the worker is paid a medical supplement of 6 to 12 months' salary.

If the employer does not pay, the employee can apply for labor arbitration and demand payment.

Labor Contract Law

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) 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.

Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".

The medical treatment period refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest.

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 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.

Whether an employment contract can be terminated cannot be determined solely by the length of sick leave.

The Labor Law stipulates that an employer may terminate a labor contract under the following circumstances:

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.

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.

Therefore, whether the employer can terminate the labor contract depends on whether the employee has a sick leave certificate issued by a doctor, and if there is no sick leave certificate issued by a doctor, the company can no longer approve leave, and whether the employee needs the approval of the company if he or she takes personal leave. If the company does not approve the leave, and he does not come to work, he is absent from work. (The company has a corresponding system and has made it public) can terminate the labor contract on the grounds of serious violation of the company's system.

If an employee takes sick leave for more than 6 months in a row, of course, it must be based on the number of years he has worked, and it should be handled according to the regulations of the state.

If an employee takes sick leave for more than six consecutive months, can the company file for termination of the employment contract?

First of all, it depends on how long the employee's medical treatment period is, and if it is still within the medical treatment period, the employer cannot terminate the labor contract.

Secondly, if the medical treatment period has expired, it depends on whether the employee can perform the original job, and if he can perform the original job, the employment contract cannot be terminated.

Third, if the medical treatment period has expired and you are unable to engage in your original job, it also depends on whether you can engage in another job arranged by the unit. If you can engage in other work arranged by the employer, you still cannot terminate the labor contract.

In short, the company can terminate the labor contract only if the medical treatment period has expired, and the company cannot engage in the original job or the work arranged by the employer. However, at the same time, economic compensation must be paid in accordance with the law. If the worker loses or partially loses the ability to work, the employer is also required to pay a one-time medical subsidy.

OK. However, it is recommended to verify the authenticity of the following sick leave slips in advance, and if it is true, it is recommended to consult a physician and refer to the treatment method of the medical period; If it is false, it is recommended to be expelled for serious untrustworthy conduct.

If an employee takes sick leave from the employer for more than three months, if it is still within the statutory time limit, it is illegal for the employer to unilaterally terminate the labor contract except for faulty dismissal. If the employer terminates the labor contract in violation of the law, the employee may request the employer to continue to perform the labor contract, or may require the employer to pay compensation to the employee at twice the standard of economic compensation.

1. How to deal with illegal termination of labor contract.

In accordance with the relevant provisions of the Labor Law, if the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation to the employee at twice the rate of economic compensation as follows: The economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer.

where there are more than six months of envy and 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. Employees may file a complaint with the labor inspection department or apply for labor arbitration to claim compensation from the company in accordance with the law.

If the employer illegally terminates the labor contract, the employer shall pay double the economic compensation to the employee if the labor dispute arbitration department or the court determines that the employer has terminated the labor contract illegally.

2. What should I do if a female employee is dismissed during pregnancy?

If a female employee is dismissed during pregnancy, it is an illegal dismissal, and if the employee requests to continue to perform the labor contract, the employer shall continue to perform it, except for negligent dismissal; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation to the employee at twice the standard of economic compensation.

The relevant legal basis for the association of this school].

Article 42 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

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 situations as determined by laws and administrative regulations.

According to Article 40 of the Labor Contract Law.

1) stipulates that "if a 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", the employer may terminate the labor contract. From this provision, it can be clearly seen that the employer has the right to terminate the labor contract with an employee who has completed the medical treatment period but is unable to perform the original job or to engage in another arranged work, but in terms of procedure, it shall give 30 days' notice or pay one month's payment in lieu of the employee.

Provisions on the period of medical treatment for sick or non-work-related injuries of enterprise employees

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 3 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, 3 months for those who have worked in the unit for less than 5 years; 6 months for more than five years.

2) If the actual working experience is more than 10 years, 6 months for those who have worked for less than 5 years and 9 months if they have worked for less than 5 years and less than 10 years; 12 months for between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

Article 4 Where the medical treatment period is three months, the cumulative sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

Article 59 of the Opinions on the Implementation of Several Issues: During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.