Financial compensation for the termination of the labor contract due to the employee s illness

Labor Contract 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;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

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.

Provisions on the medical treatment period for sick or non-work-related injuries of enterprise employees:

Article 3 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 to 24 months according to his actual working years and the number of years he has worked 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.

Article 4 Where the medical treatment period is three months, the cumulative sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

There is no financial compensation for the termination of the employment contract by the employee.

If there is financial compensation, it is considered legal since 2008.

Legal analysis: severance compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's salary for each full year. If the potato resistance is more than six months but less than one year, it will be calculated as one year; If it is less than six months, the worker shall be paid half a 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 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 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 worker may terminate the labor contract if they reach a consensus through consultation.

If the employee applies for termination of the employment relationship on his own, there is no compensation.

If the employer requests to terminate the labor relationship due to the employee's illness, the labor relationship can only be terminated if the employee is no longer qualified to continue working after the expiration of the medical treatment period, and the economic compensation shall be calculated according to the salary of one year of work.

If an employee is unable to perform his or her original job or work arranged by the employer after the prescribed medical treatment period expires, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary. Economic compensation shall be paid to the worker according to the number of years he or she has worked, and one month's salary shall be paid for each year of service.

The law stipulates that under Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee under any of the following circumstances:

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this 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;