Can the employer terminate the labor contract if he suffers from a serious illness during his work,

If the employer terminates the labor relationship with the employee, it is an illegal termination, and the employer shall pay compensation to the employee.

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 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.

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.

Refer to the "Measures for Compensation for Termination of Labor Contracts" in 94

According to the Labor Contract Law, the labor contract cannot be terminated during the period of illness, but it can be after the medical treatment period.

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) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is 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 confirmed to have lost or partially lost the ability to work; Shenzhiqiao (3) is sick or injured not due to work, and is within the prescribed medical treatment period; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked for 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.

Compensation is calculated in accordance with Article 47.

Who are you in pure socks? This kind of later. But it's okay to be a striker, and I can't talk about you. Only wait. It's very disturbing, and it's okay when you don't renew the contract. Probably reigned later. Probably won't give you any subsidy.

The Labor Law and the Labor Contract Law do not have provisions on compensation for serious illnesses.

If the employee proposes to terminate the labor contract due to illness, the employer shall pay the employee economic compensation, and if the employee himself proposes to terminate the labor contract, the employer does not need to compensate.

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, 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.

Article 46 In any of the following circumstances, the employer shall pay economic compensation to the laborer:

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.

1. What is the compensation standard for the termination of the labor contract between the unit and the employee of Wuxiang Travel?

1. If the employer terminates the labor contract by the parties to the labor contract through consultation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's years of service in the employer, and the maximum shall not exceed 12 months. If the working time is less than one year, severance shall be paid at the rate of one year.

2. If a worker is sick or injured not due to work, and is unable to engage in his original job or work arranged by the employer and terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the number of years of service in the employer, and at the same time shall also pay a medical subsidy of not less than 6 months' salary, and the medical subsidy shall also be increased for those who suffer from serious illness and terminal illness, and the increase in the amount of serious illness shall not be less than 50% of the medical subsidy fee. The increase in terminal illness is not less than 100% of Medicaid.

3. If the worker is incompetent for the job and is still incompetent for the job after training or job adjustment, and the employer terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the number of years of service in the employer, and the maximum shall not exceed 12 months.

4. If there is a major change in the objective circumstances on which the labor contract is based at the time of the conclusion of the labor contract, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through negotiation, and the labor contract is terminated by the stool employer, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer.

Legal analysis: If the company terminates the labor contract within the statutory medical treatment period, the economic compensation shall be paid to the employee according to the number of years the employee has worked in the employer 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 as economic compensation.

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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

If the employee is unable to perform the original job or work arranged by the employer after the expiration of the medical treatment period, the employer may not pay the compensation if the employee notifies the employee in writing 30 days in advance, and the compensation without one month's notice shall be paid to the employee for an additional month's salary.

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 shall be 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 employee may terminate the labor contract if they reach a consensus through consultation.