Is it valid for the employer to deceive me into terminating the employment contract during the medic

Void. Labor Contract Law of the People's Republic of China Article 42 [Circumstances under which an employer may not terminate a labor contract] 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 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.

Article 48 [Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] Where 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.

Article 87 [Legal Liability for Breach of Dissolution or Termination of Labor Contract] Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of 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.

During the period of medical treatment for work-related injuries, the employer shall not terminate the labor contract of the injured employee.

According to Article 33 of the Regulations on Work-related Injury Insurance, during the period when the injured employee stops working**, the original salary and benefits during the suspension period remain unchanged. Therefore, the employer shall not terminate the labor contract of the injured employee during the medical treatment period. If the term of the labor contract expires, it shall be extended to the expiration of the medical treatment period.

For example, Article 25 of the Measures for the Implementation of the Regulations on Work-related Injury Insurance in Jiangsu Province stipulates that "during the period of suspension of work and salary, the employer shall not terminate or terminate the employment relationship with the injured employee".

***。Regulations on Work-related Injury Insurance

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Jiangsu Province Measures for the Implementation of the Regulations on Work-related Injury Insurance

Article 25.

During the period of suspension of work with pay, the employer shall not dissolve or terminate the employment relationship with the injured employee. Except as otherwise provided by laws and regulations.

The labor contract cannot be terminated during the work-related injury period, and it can be terminated in accordance with the Labor Contract Law after the appraisal result is out.

Invalid, as long as there is a hospital certificate.

If the company illegally dismisses you, the non-injured employee has no less than 6 months of medical subsidies, if it is a legal dismissal, it is not;

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 to perform another job 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 his or her 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.

If the employer illegally dismisses the employee, the non-injured employee has no less than 6 months of medical subsidy, and if it is legally dismissed, there is no more.

According to Article 6 of the Notice 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 the work arranged by the employer and terminates the labor contract, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of his or her 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.

If an employee is sick or injured in a non-work-related position, the medical treatment period is generally one year, and 80% of the local minimum wage is paid as you said.

After the expiration of the medical treatment period, if you are unable to engage in the original position or other positions, the labor contract can be terminated according to the N1 compensation standard.

If your company takes the high route and continues to provide welfare support, it is recommended to terminate the labor contract first, because as long as there is a contract, disputes may arise, and the other side of human nature is best to avoid.

It is better to let the company's labor union provide cash support every month or quarter or once every six months, so as to make a big splash, maintain social stability, and motivate internal employees.

Legal Analysis: The labor contract can be terminated upon the expiration of the medical treatment period for work-related injuries.

Legal basis: Article 19, Item 8 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China or the People's Republic of China in Tanhua In 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: the employee is sick or injured not due to work, and cannot engage in the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer;

Legal Analysis: The labor contract can be terminated upon the expiration of the medical treatment period for work-related injuries.

Legal basis: Regulations for the Implementation of the Labor Contract Law of the People's Republic of China Article 19, Paragraph 8 In 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 limited period of time to complete a fixed work task in accordance with the conditions and procedures stipulated in the Labor Contract Law: the employee is sick or injured not due to work, and cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer;

No. The labor contract cannot be terminated during the work-related injury period, and it can be terminated in accordance with the Labor Contract Law after the appraisal results are out. If the employer terminates the labor contract in violation of the law, resulting in the loss of wages during the period of suspension of work, the employee shall be liable for compensation.

If the employee takes the initiative to terminate the labor contract with the employer, it means that the employee has waived the wages for the period of suspension of work, so there is no legal basis for the employee to continue to enjoy the wages for the period of suspension of work after proposing to terminate the labor contract. Legal basis: Article 42 of the Labor Contract 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 Article 40 and Article 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.