How the new labor law compensates employees who suffer from congenital diseases while in employment

If the employee suffers from a congenital disease during his employment, the employee shall enjoy medical treatment during the period of illness, and the termination of the labor relationship by the employer during the medical treatment period shall be regarded as illegal termination, and the employee shall be compensated and paid medical subsidies;

If the employee is still unable to work after the expiration of the medical treatment period, the employer shall legally terminate the employment relationship, but still need to pay severance and medical subsidies.

Legal basis: 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 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.

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.

In the case of hospitalization** it should be paid by Medicare, and in the case of outpatient clinics, it should be paid by Medicare card.

There is no compensation and the company is not illegal.

Legal analysis: First of all, it is necessary to see whether it is an occupational disease, if it is recognized as an occupational disease, it is necessary to do the work-related injury identification and obtain the following work-related injury insurance benefits. Work-related injuries refer to accidents or occupational disease hazards suffered by employees due to work.

If the sudden illness is caused by one's own reasons, it is not considered a work-related injury. Generally, due to the illness of their own condition, the employer does not need to compensate (of course, a good unit will pay some nutrition expenses and other expenses), so it is best to participate in medical insurance If it is a work-related illness, including a traffic accident (within half an hour of going to and from work), it can be counted as a work-related injury and enjoy work-related injury benefits.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have the circumstances in items (1) and (2) of the preceding paragraph, they shall enjoy the benefits of work-related injury insurance in accordance with the relevant provisions of these Regulations; Employees who have any of the circumstances in item (3) of the preceding paragraph shall be entitled to work-related injury insurance benefits in addition to a one-time disability allowance in accordance with the relevant provisions of these Regulations.