If the company does not give me a physical examination for two years, can I terminate the labor cont

If the employer does not give the employee a physical examination for two years, the employee cannot be used as a reason to terminate the labor contract, and if the employee's working environment is not subject to occupational risks, the employer does not need to arrange the employee to undergo a physical examination every year.

Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.

Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

It is wrong for a company not to give an employee a medical examination, but this cannot be used as a basis for terminating the employment contract, because the employee's medical examination is not clearly a benefit that the employee should enjoy.

Because the employer has not renewed the labor contract with you for more than one year and actually continues to employ you, it is deemed that the employer has signed an indefinite labor contract with you, and the monthly salary compensation is doubled.

The employer's proposal to terminate the labor contract depends on the basis. If the employer terminates the labor contract in accordance with Article 39 of the Labor Contract Law, the employer is not required to pay severance compensation. If the employer terminates the labor contract in accordance with the provisions of Articles 36, 40 and 41 of the Labor Contract Law and abides by the provisions of Article 42, the employer shall pay you economic compensation according to the length of service during the period from the date of your employment to the day before the termination of the labor contract, and compensate you with one month's salary for each full year, half a month's salary for less than half a year, and one month's salary for less than half a year, for example, if you have completed 4 years and less than 5 years, you will be paid 5 months' salary.

If the employer unilaterally terminates the labor contract illegally, you can request the employer to continue to perform the contract, but if the employer is not required to continue to perform the contract, the employer shall pay double the severance compensation.

The base amount of severance or compensation is calculated based on the average monthly salary payable by you in the 12 months prior to the termination of the employment contract (not the actual salary).

If your salary is 5000 and the contract expires on October 1, 2012, from November 1, 2012 to October 1, 2013, you will be compensated for 11 months' salary, 5000*11

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.

4 * 12 6 = 8,5000 * 8 + 5000 * 11 compensation.

The dispute over severance is a labor dispute and an application for labor arbitration shall be made to the Labor Dispute Arbitration Commission. The statute of limitations for applying for labor arbitration is one year, which is calculated from the date on which the employee knows or should have known that his rights have been infringed, that is, from the date of termination of the labor contract. The three-year statute of limitations has expired and is not protected by law.

Moreover, whether to pay severance for the termination of an employment contract needs to be determined according to the specific circumstances, and not all circumstances need to be paid.

Legal basis: Labor Dispute Mediation and Arbitration Law

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Labor Contract Law

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

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 the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of 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.

Compensation that can be claimed includes:

1. Economic compensation will be made according to the number of years of service, and one month's salary will be paid after one year, and social security funds such as pensions will be paid for three years.

3. If the double-wage company has not signed a written labor contract with the employee for more than one month but less than one year, it is better to collect evidence to prove the labor relationship and directly apply for labor arbitration.

If the physical examination is required by the industry, the one-time arrangement does not cooperate with the physical hail training cover inspection does not constitute a serious violation of the company's rules and regulations, and if the company still does not cooperate after several arrangements, the company can terminate the contract without compensation.

If the company's termination of the contract does not meet the above-mentioned scope of contract termination, it is an illegal termination of the contract, and it shall pay compensation equal to twice the severance (compensation of two months' salary for each year of the company's working years).

Hello, you Lusen can ask for the company's economic compensation. The severance compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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, half a month's salary will be paid to the worker.

First of all, did the dry shed company illegally terminate the labor recitation contract? If the labor contract is illegally terminated, the employee may be required to pay economic compensation, and if the fixed-term labor contract is legally terminated, he may also be required to claim economic compensation.

If the company terminates the contract illegally without justifiable reasons, the employee may claim economic compensation. If mine is helpful to you, you can pass on the slag Qin to your relatives and friends, lawyer Wang Xiaocui 13946282417

The annual physical examination is a benefit but not an obligation, and the dismissal of the employee on this basis is an illegal termination of the labor contract.

In general, it is a benefit and there is no reason to terminate the contract. Even if it is indeed necessary, it is a minor issue. It should be compensated.

Article 82 of the Labor Contract Law If 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 employee twice the wages for each month of employment.

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.

You can collect relevant evidence, ask for the termination of the employment contract, and ask the employer to pay nine months' wages as compensation.