During the medical period, the factory had to ask me to sign the termination contract, is the contra

According to the provisions of the Labor Contract Law, the employer cannot terminate the labor contract with the employee during the medical treatment period for special types of work.

Labor Contract Law

Article 42 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

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

3) Illness or non-work-related injury, within the prescribed medical treatment period;

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

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

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

At the same time, the Labor Contract Law also stipulates that after the medical treatment period, the employer may terminate the employment contract with the employee when the relevant conditions are met.

Article 40 of the Labor Contract Law 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 19 of the Regulations for the Implementation of the Labor Contract Law.

Under any of the following circumstances, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract, or a labor contract with a term of completion of a certain work task with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law:

8) 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;

Don't sign it, he won't care about you if you sign it, of course it works, that's why he told you to dismiss.

The employer shall terminate the employment contract in accordance with Articles 39 (Wrongful Termination), Article 40 (Non-Fault Termination) and Article 41 (Economic Layoff) of the Labor Contract Law. Article 42 of the Labor Contract Law stipulates that if an employee is sick or injured not due to work, he or she shall not terminate the labor contract in accordance with Articles 40 and 41 within the prescribed medical treatment period. Then, it can be terminated according to Article 39, and the employee during the medical treatment period can also be terminated if there are any circumstances specified in Article 39, the specific circumstances are as follows:

During the probationary period, it is proved that they do not meet the employment requirements; Serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request; The labor contract is invalid due to fraud, coercion or taking advantage of the danger of others, causing the other party to conclude or modify the labor contract contrary to its true intentions; Those who have been pursued for criminal responsibility in accordance with law. You may wonder how this can happen when you are on sick leave during medical treatment. There will still exist, for example, sick leave needs to go through the corresponding leave procedures, and failure to ask for leave in accordance with the regulations is a violation of discipline in itself, and reaching a certain number of times can be defined as a serious violation of discipline; Falsifying medical records, sick leave notes, colluding with others to issue sick leave notes, etc., can be defined as disciplinary violations, etc.

Therefore, during the period of medical treatment of the employee, the labor contract can still be terminated if there is a legitimate reason.

1. How long is the medical treatment period?

The length of the medical treatment period depends on the actual number of years of work and the number of years of continuous work in the unit, and the medical treatment period of three months to 24 months will be granted. If the company agrees, the medical treatment period can also be extended. So it's not about how long the medical treatment period is.

General provisions: If the actual working experience is less than 10 years, if the working experience is less than 5 years, it will be 3 months; Six months for more than five years. Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for those who have been between 15 and 20 years old; 24 months for more than 20 years.

2. How to pay wages during the medical treatment period.

During the medical treatment period, the company should pay the employee's salary as usual, but there is no uniform regulation. The company can formulate its own medical period wage system according to local regulations, but the minimum cannot be lower than 80 of the local minimum wage.

After the expiration of the medical treatment period, it is legal for the employer to terminate the labor contract with the employee. However, it is necessary to pay severance and medical benefits to the worker.

The standard of payment of severance is as follows: 1 month's salary for every 1 year of service; Medicaid is paid from 6 to 12 months' salary.

If the employer does not pay, the employee can apply for labor arbitration and demand payment.

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.

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 6 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform other work arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.

Hello, if the medical treatment period expires, you can not engage in the original job, nor can you engage in other work of the unit, the employer can pay you an additional month's salary 30 days in advance, and the labor contract can be terminated; In addition, you can ask the employer to pay you a medical allowance for 6 months, and you can also ask the company to pay compensation according to the number of years you have worked with the company.

Not true. There should be a reasonable reason for the change of company, and you can negotiate it.

The company should arrange a new job, and if it is not arranged, it violates the labor law and can claim compensation.

It is best to identify it now, if it is a work-related injury due to work-related reasons, the company will not only be responsible for your medical expenses, but also compensate you for a part of the money.

If there is no reasonable reason to be deemed absenteeism, and if the labor contract is terminated due to absenteeism, you will lose more than you gain.

It is recommended to find a lawyer to solve the problem and apply for labor arbitration.

Summary. Hello Hello Hello <>Hello Hello

If the employee expires during the medical treatment period, the labor contract expires, which is a case of extension of the labor contract and is not terminated by itself in accordance with the contract. China's law stipulates that the employer shall not terminate the labor contract when the labor contract expires during the medical treatment period, and the labor contract shall be extended until the expiration of the medical treatment period.

Can the company terminate the contract upon the expiration of the medical treatment period?

Hello Hello Hello <>Hello Hello

If the employee expires during the medical treatment period, the labor contract expires, which is a case of extension of the labor contract, and Xiqi does not terminate it on its own in accordance with the contract. China's law stipulates that the employer shall not terminate the labor contract when the labor contract expires during the medical treatment period, and the labor contract shall be extended until the expiration of the medical treatment period.

Article 25 of the Labor Law stipulates that if an employer requests to terminate a labor contract, the employee must have one of the following circumstances: 1. It is proved that he does not meet the employment requirements during the probationary period; 2. Seriously violating the laws of the labor discipline department or the rules and regulations of the employer; 3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer; 4. Those who have been investigated for criminal responsibility in accordance with law.

That's right, I can't work quietly after my medical treatment expires. The company's approach is: Xiaotong is not paid any salary. And they don't break the contract with me. The part of the money paid by yourself must be handed over by yourself. What should I do?

I have a long-term contract and have worked for 15 years.

After the expiration of the medical treatment period, the employer can terminate the labor contract, but it does not clearly stipulate that the unit needs to pay for sick leave, so it is also possible if there is no labor.

What should I do if the company doesn't terminate the contract?

What I want to ask is that the company does not terminate the contract and does not pay wages. Just put my name on it. What am I going to do?

You can apply for arbitration at the local labor bureau (labor dispute arbitration committee of the human resources and social security bureau).

Summary. What should I do if the contract is terminated after the expiration of the medical treatment period: (1) If the employer terminates the labor contract with the employee who has completed the medical treatment period, it shall pay the economic compensation in accordance with the law, which is clearly stipulated in Article 6 of the Measures for Economic Compensation for Violation and Termination of the Labor Contract and Article 46 of the Labor Contract Law.

The standard of compensation is one month's salary for each full year of service of the employee according to the number of years of service in the employer. (2) Medical subsidyArticle 6 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts stipulates that in addition to economic compensation, medical subsidies shall be paid at a rate of not less than six months' wages, and an additional 50% and 100% shall be paid respectively for seriously ill and terminally ill workers. At the same time, Article 2 of the Notice of the General Office of the Ministry of Labor on Issues Concerning the Interpretation of Document No. 354 issued by the Ministry of Labor [1996] provides a further explanation of "medical subsidy", which states that the employer shall pay no less than six months' salary as medical subsidy to an employee who has been identified as grade 5 to 10; For workers who have been identified as level 1 to level 4, they shall go through the procedures for retirement and resignation, and enjoy retirement and retirement benefits.

Hello Hello Hello <>Hello HelloCan the company terminate the contract as soon as the expiration of the medical treatment period?

Legal analysis: The employer has the right to terminate the labor contract with the employee who has completed the medical treatment period but is unable to engage in the original job or the work arranged by another arrangement, but shall give 30 days' notice or one month's payment in lieu of payment.

Article 40 (1) of the Labor Contract Law stipulates that "if an employee is sick or injured not due to work-related rent, and is unable to perform his original job after the expiration of the prescribed medical treatment period, nor can he work separately arranged by the employer", the employer may terminate the employment contract.

What should be done after the termination of the contract after the expiration of the medical treatment period: (1) If the employer terminates the labor contract with the employee who has completed the medical treatment period, it shall pay the economic compensation in accordance with the law, which is clearly stipulated in Article 6 of the Measures for Claiming Economic Compensation for Violation and Termination of the Labor Contract and Article 46 of the Labor Contract Law. The standard of compensation is one month's salary for each full year of service of the employee according to the number of years of service in the employer.

2) Medical subsidyArticle 6 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts, in addition to severance payments, also stipulates medical subsidies and bridging allowances, which shall be paid at a rate of not less than six months' wages, and shall be paid by 50% and 100% respectively for workers suffering from serious illness and terminal illness. At the same time, Article 2 of the Notice of the General Office of the Ministry of Labor on Issues Concerning the Interpretation of Document No. 354 issued by the Ministry of Labor [1996] provides a further explanation of "medical subsidy", which states that the employer shall pay no less than six months' salary as medical subsidy to an employee who has been identified as grade 5 to 10; For workers who have been identified as level 1 to level 4, they shall go through the procedures for retirement and resignation, and enjoy retirement and retirement benefits.