I have been working in the company for more than 1 year, and the company wants to fire me, can I tak

The employer cannot dismiss the employee during the medical treatment period, and the employer shall pay the employee medical subsidies and compensation for dismissal during the medical treatment period.

1. According to Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees (Lao Bu Fa [1994] No. 479), when an enterprise employee 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, it is 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 case; 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.

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.

2. According to Article 42 of the Labor Contract Law, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the 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 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; 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 in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

1. The words before the transfer are bluffing you.

2 His obligation is to transfer to another post, and this position must also be able to do it.

3. If it should be your own reason, and subjectively you don't want to do it, then it is the reason why you are hungry. There is no financial compensation.

You can arbitrate on the grounds that the new position is clearly not suitable for you and that you are objectively healthy. If it's purely subjective, then there's no way.

If your unit is good, sick leave is beneficial, if it is bad, it is useless...

Go to the law office consultation area, one place at a time.

During the prescribed medical treatment period, the employer does not have the right to dismiss the sick employee.

If the employer commits an illegal act, the employee may apply for labor arbitration and claim that the employer pay double the severance for the illegal termination of the labor contract.

Article 42 of the Labor Contract Law stipulates that if an employee falls 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:

Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the number of years of service of the employee in the unit and the standard of 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. Chang next to it.

Article 87 of the Labor Contract Law: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

If the employee takes sick leave for a long time and is within the prescribed medical treatment period, the company shall not dismiss the employee, and if the dismissal is illegal, the employee has the right to continue to perform the labor contract, and if the employee does not require continued performance, the employer shall pay compensation twice the economic compensation standard.

Article 40 of the Labor Contract Law of the People's Republic of China 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 employee is sick or injured not due to work, and cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer; (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 is based at the time of conclusion, 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 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances:

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

If the employee takes sick leave for a long time and is within the prescribed medical treatment period, the company shall not dismiss the employee, and if the dismissal is an illegal act, the employer shall pay compensation twice the standard of economic compensation if the employee does not require continued performance.

Labor Contract Law

Article 42.

If a worker falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Article 40 and Article 11 of Article 4 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 circumstances provided for by laws and administrative regulations.