Can an injured employee be dismissed, and can an employee be dismissed if he or she is injured at wo

Can an employer dismiss an injured employee?

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. According to Article 42 of the Labor Contract Law, "the employer shall not terminate the labor contract in accordance with Articles 40 and 41 of this Law if the employee falls under any of the following circumstances:

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. It can be seen that the employer cannot terminate the labor relationship with the employee during the period of work-related injury, and if the employer unilaterally terminates the labor relationship without authorization during the work-related injury, it is obviously in violation of the clear provisions of the Labor Contract Law, that is, the employer's practice should be illegal termination.

If you dismiss an injured employee, you should be compensated. And it is not possible to dismiss him until he recovers from his work-related injury.

Industrial and commercial employees can resign, but they can also claim compensation.

An employee cannot be dismissed during a work-related injury, and if he wants to be dismissed, he must be negotiated until he is healed.

After an employee suffers a work-related injury, the employer may not dismiss the employee at will. During the period of suspension of work, the employer must protect the basic rights and interests of the injured employee and resolutely cannot dismiss the injured employee. If an injured employee is confirmed to have lost or partially lost his or her ability to work, the employer cannot unilaterally dismiss him/her.

If an employer dismisses an injured employee at will, it is a violation of the provisions of the Labor Contract Law to terminate the labor contract, and the employer shall pay compensation to the employee at twice the standard of economic compensation.

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

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the whereabouts are unknown due to injuries or accidents;

6. On the way to and from work, being injured by a traffic accident for which the person is not primarily responsible, or an accident involving urban rail transit, passenger ferry, or train.

Legal basisArticle 42 of the Labor Contract Law of the People's Republic of China.

Circumstances under which the employer may not terminate the labor contract] If the employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Article 4 and Article 10 and Article 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 for 15 years or more in the unit and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

1. Can the company dismiss an employee during a work-related injury?

If the company cannot dismiss an employee during the period of work-related injury, the Labor Law stipulates that if the employee suffers from an occupational disease or is injured on the job and is confirmed to have lost or partially lost the ability to work, or is sick or injured, the employer shall not terminate the labor contract within the prescribed medical treatment period.

The Labor Contract Law also stipulates that if the employer suffers from an occupational disease or work-related injury and is confirmed to have lost or partially lost the ability to work, or is sick or injured not due to work-related injury, the employer shall not terminate the labor contract within the prescribed medical treatment period.

Therefore, if an employee suffers a work-related injury, the company cannot dismiss the employee casually. Unless the employee has a serious violation of the company's rules and regulations. If the company dismisses the employee due to a work-related injury, the company is required to pay compensation and compensation.

Circumstances under which the employer may dismiss the employee:

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) It is proved that they do not meet the employment conditions during the probationary period;

2) Serious violation of the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5) The labor contract is invalid due to the use of fraud, coercion or taking advantage of the defeat of others, so that the other party concludes or modifies the labor contract contrary to its true intentions;

6) Those who have been investigated for criminal responsibility in accordance with law.

The employer cannot dismiss the injured employee. According to Article 4 and Article 12 of the Labor Contract Law, an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances: the employee suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work; Sakura liquor is sick or injured non-work-related within the prescribed medical treatment period.

1. Scope of work-related injury determination.

1. Those who are engaged in the daily production or work of the unit or the work temporarily designated by the person in charge of the unit, and in case of emergency, engage in work that is directly related to the major interests of the unit even though they have not been designated by the person in charge 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 the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor 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 being reinstated and transferred to work in an enterprise.

8. During the period when Jianqi is out on business, due to work reasons, he suffers injuries or disappearances caused by traffic accidents or other accidents, or dies due to sudden illness, or loses all labor force after the first rescue**.

9. An accident occurs during the commuting to and from work on other reasonable routes within a reasonable time is a work-related injury.

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

4) Commuting to and from work on other reasonable routes within a reasonable time. (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) ）

10. Other circumstances stipulated by laws and regulations.

2. What should I do if I am dismissed by the company for a work-related injury?

If the company resigns without cause after a work-related injury, the employer may be required to pay the corresponding work-related injury benefits, and the employer may also be required to pay compensation equal to twice the economic compensation for the illegal termination of the labor contract.

Article 48 of the Labor Contract Law: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee 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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.