Two years ago, the employee was on sick leave, and after recovery, he was unwilling to go back to wo

Then resign, there is no compensation for your resignation, and there will be compensation for dismissal from the unit.

Legal analysis: Yes, as long as the total length of sick leave of the employee does not exceed the length of the medical treatment period, if the length of the medical treatment period is exceeded, the employer has the right to terminate the labor contract, but needs to pay economic compensation to the employee.

Legal basis: 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 months 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 accumulated 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.

Summary. If the employer does not allow you to go to work, if it is clearly stated that the employment relationship between the two parties has been terminated, in this case, it is recommended that you apply for labor arbitration to protect your rights, and you can request the employer to pay compensation.

What should I do if the employee is on sick leave and the unit does not let me go to work?

Hello, I'm a consulting lawyer, and I'm glad to serve you Hello, hello.

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

If Mr. Li clearly states that the labor relationship between the two parties is terminated, in this case, it is recommended that you apply for labor arbitration to protect your rights, and you can change it to require the employer to pay compensation.

Before applying for labor arbitration, it is recommended to collect as much evidence as possible about the termination of the contract by the employer, so that the probability of winning the lawsuit will be higher.

Summary. Hello, I am glad to answer for you: the employer can terminate the contract with 30 days' written notice or an additional month's salary, but it shall pay one month's salary and economic compensation for each year according to the employee's working years, and it shall be paid as one year if it is half a year but less than one year, and half a year if it is less than half a year.

Article 40 of the Labor Contract Law stipulates that under any of the following circumstances, 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.

Hello, I am glad to answer for you: the employer can terminate the contract with 30 days' written notice or an additional month's salary, but it shall pay the employee one month's salary severance every year according to the employee's working years, and pay it as one year if it is half a year or less than one year, and half a year if it is less than half a year. Article 40 of the Labor Contract Law stipulates that 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.

Legal basis: (1) The worker is sick or injured not due to work, and is unable to perform the 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 laborer according to the standard of one month's salary for each full year of the worker's service in the unit.

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 3 of the Ministry of Labor's Regulations on the Medical Treatment Period for Enterprise Employees Suffering from Hunger Illness or Non-work-related Injuries (No. 1994 No. 479 issued by the Ministry of Labor) 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 months to 24 months according to his actual working years and working years in the unit: (1) If the actual working experience is less than ten years, three months shall be three months if the actual working experience is less than five 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; those between 10 and 15 years are ten and two months; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Summary. Dear, I am glad to answer for you, if the employee is sick and cannot go to work after taking long-term sick leave for two consecutive years, and the employee is unable to work normally after the expiration of the prescribed medical treatment period, the employer can terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary. After the completion of the medical treatment period, they are still unable to engage in their original work, nor can they engage in other work arranged by the unit.

Dear, I am glad to answer for you, if the employee is sick after taking long-term sick leave for two consecutive years and still cannot work normally, the employer notifies the employee in writing 30 days in advance or pays the employee one month's salary in addition, the employee who is on long sick leave can continue to perform the labor contract after the expiration of the medical treatment period, and is able to engage in the original job; After the completion of the medical treatment period, they are still unable to engage in their original work, nor can they engage in other work arranged by the unit.

Sick leave means that when an employee needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall grant a certain amount of medical leave according to the employee's actual working years and the number of years of work in the employer. Sick leave: set according to the employee's working years in the employer, the first year is 3 months, and each additional year is 1 month, but not more than 24 months, and the contract stipulates that the length of the period is longer than the above-mentioned period.

Don't think too much about it, life matters. When I'm well, I'll go back to work.

It depends on the number of years you have worked and the number of sick days you have taken this year. The legal basis is as follows:

Article 4 of the Regulations on Paid Annual Leave for Employees Employees shall not enjoy the annual leave of the current year if they have one of the following circumstances

1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;

2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;

3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;

4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months;

5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.

Annual leave is something that you can enjoy when you work for a certain number of years. Therefore, it is possible to apply for annual leave.