-
Whether there is economic compensation for an employee's resignation due to illness is usually based on the following situations.
1. If the enterprise violates the labor contract between the two parties, and fails to perform the obligations stipulated by the state, which infringes on the rights of employees (for example, if the employee does not sign the labor contract within one year after joining a new enterprise or does not handle the social security relationship for the employee one month after joining the company, the employee has the right to resign and request the enterprise to pay economic compensation). Even if an employee voluntarily resigns, the company still can't escape the severance payment.
If there are many such phenomena, the relevant departments can also conduct audits when they go to the enterprise. <>
2. Enterprises use inducement methods to reach a consensus with employees (there is evidence to prove it), which is often used by many enterprises, if employees take the initiative to resign, the company should also pay the compensation that should be paid, if the employee has no evidence, he can not ask the enterprise for economic compensation.
3. If an employee has to resign because of personal injury (such as occupational disease) caused in the process of working in the enterprise, the employee can only provide proof that the illness or injury suffered is caused by the enterprise, even if the employee resigns voluntarily, the enterprise still cannot run away to pay compensation and related expenses. <>
4. If an employee is required to resign by the company before the medical treatment period expires during the illness period, there is economic compensation. Again, evidence is required for this.
5. During the period of illness, if the employee really takes the initiative to resign due to his own reasons, it is usually difficult to have compensation, but in the process of practical operation, the company will generally give humanitarian assistance and economic assistance.
All in all, no matter what the reason, whether there is economic compensation for the employee's illness and resignation must depend on whether he is active and passive, and whether the party has proof.
-
In this case, voluntary resignation will not be compensated by the company, and there is no provision that the company will compensate the employee for voluntary resignation, but if the company dismisses the employee, it needs to give the employee three months' salary as compensation, so the company generally will not take the initiative to dismiss the employee. If you want to compensate for your illness, there are other ways to do so.
First of all, you don't need to resign if you are sick, you can take sick leave, and part of the salary will still be paid during the sick leave, as long as you have a certificate from the hospital. When I used to go to work, I couldn't go to work because of a broken foot, so I can take two months after submitting a sick leave application to our company, because our company's sick leave can only be taken for a maximum of two months, and there will still be a part of the salary during the sick leave, which is the right that employees should enjoy. If you feel that you are not well on sick leave for two months, you can still ask for it again, and the company cannot reject the employee's sick leave application for any reason.
If you want to resign, you can still get unemployment benefits, the company will generally give us five insurances and one housing fund during our work, these five insurances include unemployment insurance and work-related injury insurance, if you are injured during the work period, you can get a certain amount of compensation, but not the compensation for voluntary resignation.
If you resign, you can receive unemployment benefits, as long as your company gives you a certificate of resignation, it depends on yourself and the company to negotiate. I have a friend who just quit his job recently, and after the company issued a certificate, he went to apply for unemployment insurance, and he can receive about 1,000 a month, and he can receive unemployment benefits for up to one year, which is a lot of income.
In addition, if you are hospitalized during your illness, you will be able to use medical insurance, and the hospitalization expenses can be reimbursed, and the reimbursement policy depends on what the local situation is.
-
As far as I know, there are no rules and no company is going to do that.
No matter what reason you quit your job, no company will give you any financial compensation, because they don't owe you anything, and that's the way to put it! Your resignation not only won't bring them any benefits, but it will also cause them trouble, do you think people will give you financial compensation, don't tease me, okay?
People pay you to work, you work, they give money; If you don't work, they won't give you money either! To be reasonable, you're just "exchanging" things! If you don't deliver the goods, why should people give you money? Why, you say?
If your illness is caused by work, or if you have been working in this company for many years, you can discuss with your boss if you can give you a little compensation! Attention, it's a consultation! It's not a demand! As for whether people give it or not, it's not something you and I can control.
So far, I haven't heard anyone say that there is another compensation for voluntary resignation, even if it is sick. If you are sick and the company gives you compensation, then whoever is sick will have to ask the company for compensation in the future, so what will the company do? After all, you all come out to earn money, and you all take what you need, and no one is here to do charity!
If you are fired by the company, no matter what the reason is, the company will give you a little compensation for your salary, which is as it should be! After all, they suddenly fired you, you have nowhere to go, they give you some compensation, you are both considered to have a beginning and an end, affection and righteousness! This should be the case for both public and private.
But if you resign when you get sick, why do you say you want your family to give you compensation? There is no reason for it, and there is no need for that!
Lao Tie, if your health is not safe, you should rest well, you should be cured, you should spend money, don't daydream, even a yellow-haired girl like me knows this kind of thing, why are you still obsessed?
-
The front-line workers can't do it anymore, and they haven't reached retirement age, has the leader thought about it?
-
Legal Analysis: None; There is no compensation for resignation due to illness. Resignation due to illness is an employee's voluntary resignation, so the employer does not need to pay severance payment.
There is only one circumstance in which an employee can be compensated if he or she proposes to resign, that is, if the employer has the circumstances stipulated in Article 38 of the Labor Law, the employee may leave immediately after terminating the employment relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation.
Legal basis: Article 46 of the Civil Code of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the rules 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 rules of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 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 labor contract, the fixed-term labor contract is terminated in accordance with the first rule of Article 44 of this Law; (6) Terminating 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.
-
Hello, glad to answer for you. Is there any financial compensation for resignation due to illness: There is no compensation for voluntary resignation due to illness.
Legal basis: Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China provides that the employer shall pay economic compensation to the employee under any of the following circumstances:
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 paragraph 1 of Article 41 of this Law; (5) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Termination of labor contracts 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.
-
Summary. Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances:
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;
Dear, glad to answer for you! <>
Due to illness, he resigned from the forest and had no financial compensation. Circumstances in which the employer pays economic compensation: The employer unilaterally terminates the labor contract under one of the circumstances provided for in Article 38 of the Labor Confession Law; Termination of the labor contract by consensus proposed by the employer; Non-fault dismissal by the employer.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with Article 38 of the Residual Infiltration 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;
The Labor Contract Law stipulates that if a fixed-term labor contract is terminated upon expiration, the employer shall pay economic compensation to the employee, unless the employer maintains or improves the conditions of the labor contract and the employee does not agree to renew the labor contract. According to this provision, the employer agrees to renew the employment contract and maintain or improve the terms and conditions of the employment contract.
1. What is the economic compensation for employees after the restructuring of the enterprise? >>>More
Voluntary resignation is not only not compensated, but also needs to compensate the employer for losses. >>>More
E-Law answers:
Is it a refusal to pay during the enforcement phase of the court, or is it the employer who promises to give economic compensation but keeps delaying payment? >>>More
If the employee is unwilling to renew the contract upon expiration, it does not fall under Article 46 of the Labor Contract Law, which states that "the employer shall pay economic compensation to the employee under any of the following circumstances: (5) 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, there will be no economic compensation if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law". ]