Can an employment contract be dissolved or terminated due to occupational contraindications?

Personally, I think that it can be terminated by mutual agreement, but corresponding compensation must be given, and it can also be replaced, or suspended from work**;

In accordance with the Labor Contract Law of the People's Republic of China

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, you fall under Article 1, (1) the worker is sick or injured not due to work, and cannot engage in the original job after the expiration of the prescribed medical treatment period, nor can you engage in the work arranged by the employer;

Because your case is not a work-related injury. According to the provisions of Article 14, Paragraph 4 of the Regulations on Work-related Injury Insurance, a person suffering from an occupational disease shall be recognized as a work-related injury. Therefore, all occupational diseases are classified as work-related injuries.

However, the classification and catalogue of occupational diseases shall be formulated, adjusted and published by the administrative department of health in conjunction with the administrative department of labor and social security. Therefore, the circumstances of occupational diseases are statutory. According to the above provisions, cervical spondylosis, lumbar spondylosis, frozen shoulder, hypertension and other mental workers are highly prevalent, and these diseases have not yet been included in the category of occupational diseases, so they cannot be regarded as work-related injuries and cannot enjoy medical treatment for work-related injuries.

Hope it helps.

To add, if you are in this situation, the employer is going to make compensation.

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.

Legal Analysis: Employment contraindications can terminate the labor contract. The obligation of a general employee to resign is to give 30 days' written notice to the employer. After giving 30 days' written notice to the employer, the employment contract can be terminated without the approval of the employer.

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

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 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 an agreement through negotiation.

If an employee suffers from an occupational contraindication and is entitled to a medical treatment period for his illness, the termination of the labor relationship by the employer during the medical treatment period is an illegal termination, and the employee shall be paid compensation and 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. Article 46 of the Labor Contract Law stipulates that under any of the following circumstances, the employer shall pay economic compensation to the employee:

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) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

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 stipulated 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 shall not terminate a labor contract if he or she stops working for treatment or rest due to illness or non-work-related injury.

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; Twenty years and twenty-four months for the Mori Bureau.

Summary. Pro-<>

<> "Hello! Glad to serve you! Occupational contraindications can terminate the employment contract.

The employment contract can be terminated due to occupational contraindications. According to Article 40 of the Labor Contract Law of the People's Republic of China, the employer may terminate the labor contract under any of the following circumstances: (1) the employee is sick or injured not due to work-related injuries and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; 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.

Whether the employment contract can be terminated due to occupational contraindications.

<> <> "Hello! Glad to serve you! Occupational contraindications can terminate the employment contract.

The employment contract can be terminated due to occupational contraindications. According to Article 40 of the Labor Contract Law of the People's Republic of China, 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 is unable to perform the original job after the expiration of the prescribed medical treatment period, and cannot perform 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, which makes it impossible to perform the labor contract, and the employer and the labor negotiator fail to reach an agreement on changing the content of the labor contract after consultation.

<> "Hello! You can describe your situation in detail.