Can a worker terminate the labor contract if he fell while working and has now been discharged from

If there is no statutory reason for terminating the contract, such as a serious violation of rules and regulations, the employer may not terminate the labor contract at will.

The statutory reasons are: Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

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;

4) The worker 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;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with 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.

It can be discharged, and if it is determined to be a work-related injury, it is necessary to pay a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability.

Summary. Hello dear, glad to answer for you. It depends on whether it is a work-related injury, and the labor contract cannot be terminated during the work-related injury, if it is your own reason for falling and injured, the employer can not renew the labor contract, as long as you are notified.

After the expiration of the employment contract, if the employee does not have the circumstances specified in Article 42 of the Labor Contract Law, the employer may directly terminate the contract without renewing it. If the labor contract expires and falls under any of the circumstances specified in Article 42, the labor contract shall be renewed until the corresponding circumstances disappear and terminated. Paragraph 2 of Article 42 stipulates that the termination of the labor contract of an employee who has lost or partially lost the ability to work shall be carried out in accordance with the provisions of the State on work-related injury insurance.

The day before the expiration of the labor contract, if the employee falls and injures himself, can the employer dismiss him?

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Hello dear, glad to answer for you. It depends on whether it is a work-related injury, and the labor contract cannot be terminated during the work-related injury, if it is your own reason for falling and injured, the employer can not renew the labor contract, as long as you are notified. After the expiration of the labor contract, if the labor contract does not have the circumstances stipulated in Article 42 of the Labor Contract Law, the employer can directly terminate the contract and not renew it.

Upon the expiration of the labor contract, if there is one of the circumstances specified in Article 42, the labor contract shall be renewed and terminated when the corresponding circumstances disappear. Paragraph 2 of Article 42 stipulates that the termination of the labor contract of a worker who has lost or partially lost his or her ability to work shall be carried out in accordance with the provisions of the State on work-related injury insurance. <>

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Legal analysis: Going to work after suffering a work-related injury does not mean that the labor contract cannot be terminated. If an employee is injured or disabled due to work, the employer shall rearrange a position suitable for the employee.

If the employee is still unable to perform the newly assigned work, he or she may request to terminate the employment contract. However, after the termination of the labor contract, the employee needs to pay work-related injury benefits.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

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

According to the relevant laws of China, it is the responsibility of the employer to sign the labor contract, and if the employer does not sign the labor contract, it must pay double the salary to the employee, so how to compensate for the work-related injury on the way to work without a labor contract? The following is answered by the readers, I hope the following knowledge will be helpful to the readers.

1. How to compensate for work-related injuries on the way to work without a labor contract

According to the provisions of relevant laws, if an employee suffers a work-related injury during the process of commuting to and from work, even if no labor contract is signed, it will not affect the compensation for the work-related injury, and the work-related injury compensation shall be borne by the employer.

Regulations of the People's Republic of China on Work-related Injury Insurance

Article 62 Where an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of between 1 and 3 times the amount of the outstanding payment shall be imposed.

If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

2. There are different types of employers in China

1) Enterprises registered in accordance with the law in China: including various ownership properties and various organizational forms, such as state-owned enterprises, collective-owned enterprises, private enterprises, foreign-invested enterprises, Hong Kong, Macao and Taiwan enterprises, mixed enterprises, joint-stock enterprises, joint ventures, township enterprises, etc.

2) Individual economic organizations that have been verified and registered in accordance with the law. That is, individual industrial and commercial households that have obtained business licenses in accordance with the law. Individually-owned businesses can hire helpers and take apprentices.

3) Institutions established in accordance with the law, including cultural, educational, health, scientific research and other units, such as schools, hospitals, publishing houses, etc. It has the right to use workers within the scope of its authority under national law.

4) State organs established in accordance with the law: they have the right to use workers within the scope of their authority established by law.

5) Social groups established in accordance with law: including trade unions, women's federations, research societies, associations and other social organizations. Social organizations established in accordance with the law have the right to use laborers within the scope of their authority as prescribed by law.

According to the provisions of the relevant laws, if an employee suffers a work-related injury during the process of commuting to and from work, even if no labor contract is signed, it does not affect the compensation for the work-related injury, and the work-related injury compensation shall be borne by the employer. If you need legal help, you are welcome to seek legal advice.

The Regulations on Work-related Injury Insurance stipulate how to determine work-related injuries, and the obscure laws are difficult to understand, so many people like to read and interpret them. Everyone knows that injuries sustained on the way to and from work can also be recognized as work-related injuries, so as long as the injury is on the way to and from work, is it considered a work-related injury? No, according to the "Regulations on Work-related Injury Insurance", if an employee is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible applies for recognition of work-related injury, the applicant needs to provide a traffic accident certificate issued by the public security traffic management department or other relevant departments, and the accident liability borne by the injured employee in the certificate is equal responsibility, secondary responsibility or no liability, so that it can be recognized as a work-related injury.

For example, if you encounter a vicious dog bitten you on the way to and from work, this situation cannot be recognized as a work-related injury, and the owner of the vicious dog can only be required to claim compensation for personal injury.

Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury determination: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational chain disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.