Is it okay for the employer to terminate the labor contract with me when the work related injury exp

The employment contract cannot be terminated.

According to Article 29 of the Labor Law, an employer shall not terminate a labor contract in accordance with the provisions of Articles 26 and 27 of this Law if a worker falls under any of the following circumstances: (1) he suffers from an occupational disease or is injured on the job and is confirmed to have lost or partially lost his ability to work;

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or 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 was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

1 Terminating an employment contract and terminating an employment contract are two different concepts.

Article 44 of the Labor Contract Law of the People's Republic of China shall terminate the labor contract under any of the following circumstances: (1) The labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.

Article 45 Where a labor contract expires under any of the circumstances provided for in Article 42 of this Law, the labor contract shall be renewed until the corresponding circumstances disappear and terminated. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.

2 You don't get the treatment you deserve after a work injury.

Chapter 5 of the Regulations on Work-related Injury Insurance.

Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Article 35 Where an employee is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

3. There is a legal basis for the employer to terminate the labor contract after the disability assessment.

Article 31 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Legal Analysis: During the period of work-related injury, the employer shall not unilaterally terminate the employment relationship. In order to protect the legitimate rights and interests of employees, the law clearly stipulates the legal circumstances under which labor contracts may not be terminated at will.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China "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:

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. ”

Legal Analysis: The employer cannot terminate the labor contract after a work-related injury. Under normal circumstances, if an employee suffers a work-related injury, the company forcibly terminates the labor contract in violation of the law, and if the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract.

If the worker 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.

Legal basis: "Law of the People's Republic of China on Rolling Contracts of Labor Schools".

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: No. The Labor Contract Law stipulates that an employer shall not terminate an employment contract in accordance with any of the following circumstances:

1) Workers who are engaged in work that are exposed to occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of having an occupational disease 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;

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

Article 42 Where a worker falls under any of the following circumstances, the employer shall not follow Article 40 of this Law

Article 41 Termination of a labor contract: (1) A worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or a suspected occupational disease patient is under 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.

If there is a work-related injury, the company cannot terminate the labor contract. The details are as follows:

1. If a worker suffers from a work-related accident or occupational disease, the employer cannot terminate the labor contract during the work-related injury;

2. If the term of the labor contract expires during the period of work-related injury, the term of the labor contract will be extended until the end of the work-related injury.

The criteria for determining work-related injuries are as follows:

1. Engaged in the daily production and work of the unit or the work temporarily designated by the person in charge of the unit, in case of emergency, although not designated by the person in charge of the unit, engaged in work directly related to the reputation and interests of the unit;

2. Engaged in scientific experiments, inventions and technological improvements related to the unit with the arrangement or consent of the person in charge of the unit;

3. Occupational diseases caused by exposure to occupational harmful factors in the production and working environment;

4. During the production working hours and area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor force after the first rescue;

5. Personal injury caused by the performance of duties;

6. Engaging in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public;

7. Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise;

8. During the period of going out on business, due to work reasons, the person is injured or missing due to traffic accidents or other accidents, or dies due to sudden illness or loses labor force after the first rescue.

Legal basis

Labor Contract Law of the People's Republic of China

Article 42.

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 circumstances provided for by laws and administrative regulations.

During the period of work-related injury, the employer shall not terminate the labor contract at will, except in the case of negligent dismissal of the employee. If the employer terminates the labor contract in violation of the law, and 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 in accordance with twice the standard of economic compensation.

Labor Contract Law of the People's Republic of China

Article 42.

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 circumstances provided for by laws and administrative regulations.