Can an employee terminate an employment contract if he or she falls ill during the probationary peri

If an employee falls ill during the probationary period and negotiates the statutory medical treatment period in accordance with the law, the company cannot dismiss the employee at will, otherwise, it will pay double economic compensation in accordance with the provisions of the Labor Contract Law.

If the employee is unable to perform his or her original job or other work arranged by the employer after the medical treatment period, the employer may terminate the labor contract in accordance with Article 40 (1) of the Labor Contract Law, and shall pay severance and, if the employee is notified, one month's salary compensation; It is illegal for the employer to terminate the employment contract during the medical treatment period, and the employer is required to pay compensation at twice the amount of the severance payment.

In accordance with the 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;

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 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.

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.

Personally, I believe that this situation is allowed, and the employee who is sick during the probationary period can choose to terminate the probationary relationship on the grounds that the employee is sick.

If an employee is sick or injured not due to work, and is unable to perform his or her original job or work arranged by the employer after the expiration of the prescribed medical treatment period, the employer may terminate the employment relationship between you by notifying the employee in writing 30 days in advance, or paying the employee an additional month's salary.

The employee falls ill during the probationary period. In addition, it is not possible to terminate the employment contract during the medical treatment period. Only after the medical treatment period has passed, it depends on the specific cause and condition of the condition. Give some financial compensation.

The probationary period is also part of the term of the employment contract, so if an employee falls ill during the probationary period, he or she shall be entitled to a three-month medical treatment period according to the law. Within this time limit, the employer shall not unilaterally terminate the labor contract of Liang Hao.

If the labor contract is terminated in violation of the law, the employee may protect his or her legitimate rights and interests in accordance with the provisions of Article 48 of the Labor Contract Law.

1. Do I have to sign a contract during the probation period?

During the probationary period, an employment contract must be signed.

Article 19 of the Labor Contract Law stipulates that if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

2. What is the compensation standard for dismissal due to illness?

If a worker is sick or injured not due to work-related injuries and is unable to perform his or her 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 30 days' written notice to the employee or paying the employee an additional month's salary. Belong. In the above circumstances, the employer shall pay economic compensation to the employee.

If an employee is sick or injured not due to work-related injuries within the prescribed medical treatment period, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, otherwise it shall pay double compensation if it is suspected of illegal termination.

3. Do I have to compensate the unit for resignation during the probationary period?

If the employer is injured by illegal resignation during the probationary period, it shall be liable for compensation. How to leave the employee: Terminate the labor contract by consensus with the employer; Notify the employer in writing 30 days in advance, and notify the employer 3 days in advance of the termination during the probationary period; The employer has the circumstance of Article 38 of the Labor Contract Law, and the employee unilaterally terminates the employee; Other.

According to the provisions of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees, if an employee falls ill during the probationary period, he or she is entitled to a three-month medical treatment period in accordance with the law.

Article 29 of the Labor Law stipulates that an employer shall not terminate a labor contract in accordance with Articles 26 and 27 of this Law if an employee falls under any of the following circumstances:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Illness or injury, within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws, administrative regulations, and regulations.

Legal Analysis: It is possible to rescind the contract. If an employee terminates a labor contract, he or she shall notify the employer in writing 30 days in advance, but there is no time limit on the time of notice during the probationary period.

Legal basis: Article 31 of the Labor Law of the People's Republic of China An employee shall notify the employer in writing 30 days in advance of the termination of the labor contract. Article 32 Under any of the following circumstances, the worker may terminate the labor contract at any time by notifying the employer:

1) The number of reputations during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

Legal Analysis: It is possible to rescind the contract. If an employee terminates a labor contract, he or she shall notify the employer 30 days in advance in the form of written training, but there is no time limit on the notice during the probationary period.

Legal basis: Labor Law of the People's Republic of China

Article 31 When a worker terminates a labor contract, he or she shall notify the employer in writing 30 days in advance.

Article 32 Under any of the following circumstances, a worker may terminate the labor contract at any time by notifying the employer:

1) During the probationary period;

(2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

3) The employer fails to pay labor remuneration or provide working conditions in accordance with the provisions of the labor contract.

The labor contract is terminated indiscriminately due to illness during the probation period, which does not comply with the law. It is obviously illegal for the company to terminate the labor contract during the medical treatment period. Although the law stipulates that if the employee is proved to be ineligible for employment during the probationary period, the employer may terminate the employment contract.

However, the premise for the application of this law is that the employer may terminate the employment contract only if the employee does not meet the conditions and standards required by the employer for recruitment, that is, the employee fails to pass the relevant vocational skills examination and assessment, or fails to pass the performance appraisal during the probation period.

1. During the probationary period, can the employer terminate the contract at will?

During the probationary period, the employer cannot terminate the labor contract at will. During the probationary period, the employer shall not terminate the employment contract unless one of the following circumstances occurs: (1) the employee is proved to be ineligible for employment during the probationary period; (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.

2. What are the conditions for terminating the labor contract during the probationary period?

If the labor contract is terminated during the probationary period, the employee shall notify the employer in writing three days in advance. The employer can only terminate the labor contract under one of the following circumstances: 1. The employee is proved to be ineligible for employment during the probationary period; (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.

Article 29 of the Labor Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

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

Illness during the probationary period and termination of the labor contract do not comply with the law. According to Article 29 of the Labor Law of the People's Republic of China, if an employee is sick or injured, the employer shall not terminate the labor contract in accordance with Articles 26 and 27 of the Labor Contract Law if the employee is sick or injured within the prescribed medical treatment period. Article 27 of the "Labor Law of the People's Republic of China" stipulates that if an employer is on the verge of bankruptcy and undergoes statutory rectification or serious difficulties in its production and operation and it is really necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and may lay off the personnel after reporting to the labor administrative department.

Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off. Article 29 of the Labor Law of the People's Republic of China provides that an employer shall not terminate a labor contract in accordance with the provisions of Articles 26 and 27 of this Law if a worker falls under any of the following circumstances: (1) Suffers from an occupational disease or is injured on the job and is confirmed to have lost or partially lost the ability to work; 2) Sick or injured within the prescribed period of medical treatment; 3) Female employees are pregnant, giving birth, or breastfeeding; 4) Other circumstances provided for by laws and administrative regulations.

Article 26 of the Labor Law of the People's Republic of China stipulates that under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance: (1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to engage in the original job or 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) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.

Legal analysis: The termination of the labor contract due to illness during the probation period does not comply with the law.

Legal basis: Labor Contract Law of the People's Republic of China Article 29 If a worker falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

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