Can I be considered a voluntary resignation if I am unable to go to work after the expiration of my

It depends on whether the employer terminates the labor contract.

If the employee is unable to work for a period of time other than due to work-related injury or illness, or is proved to be ineligible for employment during the probationary period, or if the employee is incompetent for the job, and is still incompetent for the job after training or job adjustment, or violates laws and regulations, the employer may terminate the labor contract in accordance with the relevant laws and regulations.

And if an employee is fired for violating laws and regulations, there is generally no financial compensation.

However, if the employer dismisses an employee on the grounds of violating the rules and regulations, it should be fair, reasonable, reasonable, and not arbitrary, and if the party concerned feels that it is unreasonable, he should be given the opportunity to appeal.

As for whether there is compensation for the termination of the labor contract, it should be determined according to the actual situation of the parties. Generally speaking, compensation should be given except for violations of law and discipline.

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

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.

It doesn't count if you have a medical certificate that your injury is unfit for work.

Legal analysis: If the employee is still unable to engage in the original job or work arranged by the unit after the expiration of the medical treatment period, the labor appraisal committee shall conduct an appraisal of the working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who are identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations as described in their arguments, go through the procedures for retirement due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If the employee is assessed as a grade 5 to 10, the employer may terminate the labor contract and pay severance and medical subsidies in accordance with regulations.

Legal basis: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 35 An employee who takes long sick leave may continue to perform the labor contract if he or she is able to engage in his or her original job after the expiration of the medical treatment period; If the employee is still unable to engage in the original job or work arranged by the unit after the expiration of the medical treatment period, the labor appraisal committee shall conduct an appraisal of the working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through the formalities for retirement due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If the employee is found to be in the 5th to 10th grade, the employer may terminate the labor contract and pay severance and medical subsidies in accordance with the regulations.

Legal analysis: If you do not come to work after the expiration of the medical treatment period for work-related injuries, you can adjust your position, but you cannot dismiss them because of the particularity of the injured employee. For employees with work-related injuries in grades 1 to 6, the employer shall retain the employment relationship, and the employer shall not unilaterally dissolve or terminate the employment contract unless the injured employee himself proposes to dissolve or terminate the employment contract.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being 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 pre-fibrillation or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall be entitled to medical treatment for work-related injuries with closed minds.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

If the employee does not come to work after the expiration of the medical treatment period for work-related injuries, if the employee is unable to perform the original job or the work arranged by the employer, the employer may terminate the labor contract after giving the employee 30 days' written notice in advance or paying the employee an additional month's salary.

Paragraph 1 of Article 40 of the Labor Contract Law of the People's Republic of China stipulates that if an employee is sick or injured not due to work-related injuries 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 after giving the employee 30 days' written notice or paying the employee an additional month's salary.

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 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) The objective circumstances on which the labor contract was concluded have undergone major changes, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.