Does the company that cannot work after the medical treatment period lose money by terminating the l

If a company is unable to work after the medical treatment period, it is required to pay compensation (one month's salary for each year of service) in accordance with Article 46 of the Labor Contract Law.

Labor Contract Law

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker 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.

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.

Lose it. Article 40 of the Labor Contract Law provides 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:

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 46 of the Labor Contract Law stipulates that an employer shall pay economic compensation to an employee under any of the following circumstances:

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

In addition to the above, some places require companies to pay medical subsidies. Please refer to local regulations for details.

I don't understand the meaning of the question.

Legal analysis: According to the length of service, one month's salary should be paid for each full year, if it is more than six months but less than one year, it will be calculated as one year, and if it is less than six months, it will be compensated with half a month's salary to the worker.

Legal basis: 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 employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or transfer; 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.

Article 4 The Economic Compensation shall be paid to the worker according to the number of years of service in the employer 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 as economic compensation.

If the employer terminates the labor contract in breach of contract, the employee may claim compensation. 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 the labor contract if the employee does not require continued performance of the labor contract or the labor assignment contract cannot be continued to be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Legal basis: Article 46 of the Labor Contract Law: The employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law (the employer is at fault and the employee unilaterally terminates).

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 (neither party is at fault).

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law (economic layoffs).

5) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law (the contract shall not be renewed upon expiration.

6) Termination of labor contract by hand in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law (bankruptcy of the employer, revocation of business license, closure or dissolution).

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

Summary. <>

Hello dear! In general, the company will pay compensation when the employment contract is terminated. However, the exact amount of compensation depends on the agreement in the employment contract, and if the compensation is not stipulated in the employment contract, then the company will not pay compensation.

Will the company pay compensation for terminating the labor contract after the expiration of the medical treatment period, <>

Hello dear! Under normal circumstances, the company will pay compensation when the employment contract is terminated. However, the exact amount of compensation depends on the agreement in the employment contract, and if there is no fixed compensation in the employment contract, then the company will not pay compensation.

Hello dear! What is the reason for terminating the contract?

If the medical treatment period expires and the company wants to terminate the labor contract, will the company pay compensation?

Hello dear! In general, the company will pay compensation in accordance with the provisions of the Labor Law. According to Article 46 of the Labor Law of the People's Republic of China, if an employer dissolves or terminates a labor contract, it shall pay a fixed amount of compensation to the employee who dissolves or terminates the labor contract.

In addition to compensation, will there be Medicaid, and what conditions are required for Medicaid.

The application conditions for medical subsidies: 1. The unemployed person must be a normal recipient of unemployment benefits; 2. You must seek medical treatment in a designated hospital. Medical benefits are payments to unemployed persons for medical expenses incurred during the period in which they receive unemployment insurance benefits.

If an unemployed person falls ill during the period of receiving unemployment insurance money, he or she may be subsidized with a certain percentage of the total amount of unemployment insurance premiums that he or she should receive according to the time of payment of unemployment insurance premiums before becoming unemployed. The standard of medical subsidy shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. Legal basis:

Regulations of the People's Republic of China on Unemployment Insurance Article 19 An unemployed person who falls ill and seeks medical treatment during the period of receiving unemployment insurance money may, in accordance with the regulations, apply to the social insurance agency for receiving medical subsidies. The standard of medical subsidy shall be stipulated by the people of the province, autonomous regions and municipalities directly under the Central Government.

I'm sick, I've been in the job for less than a year, the medical socks draft treatment period is three months, three months is not able to work, I am about to expire, the leader notified me in advance, and I have what compensation I have for the termination of the labor contract after the expiration of the medical period.

Is there only one month of compensation.

Hello. <>

Hello dear! Yes dear.

Xiao entered a company in Mengyin County in September 2001 to engage in sales, and on January 5, 2014, he suffered from lumbar intervertebral disc herniation and was unable to move, and the doctor recommended that he take sick leave at home. Xiao will follow the sick leave system formulated by the company, every month.

First by |The hospital will issue a sick leave certificate, which will be signed by the company's leaders and handed over to the personnel department for processing. On February 1, 2015, Xiao had taken sick leave for more than one year, and the company notified Xiao in writing that he would return to work within 3 days. The next day, Shaw.

When he returned to the company, he said that he was not well and could not do his original job. The company arranged for Xiao to work in the office, but Xiao said that he couldn't do it. The company terminated Xiao's labor contract on the grounds that the medical treatment period had expired. Xiao asked many times.

The company refused to pay economic compensation for the termination of the labor contract, so it filed an arbitration application with the local labor and personnel dispute arbitration commission.

Comment: According to Articles 3 and 7 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees, 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 participate in the working year according to his actual participation.

The number of years of service in the unit is limited to the number of years of medical treatment. The actual working experience is more than 10 years, and 12 months if the working experience is more than 10 years and less than 15 years in the unit. Employees of the enterprise who are disabled due to non-work-related reasons and have been recognized by doctors or medical institutions.

If the patient suffers from an intractable illness and the medical treatment period expires, the labor appraisal committee shall conduct an appraisal of the labor bureau's ability to move in the years with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as -level 4 shall withdraw from their labor positions, terminate their labor relations, and go through the formalities for retirement and resignation, and enjoy retirement and retirement benefits. Articles 40, 46 and 47 of the Labor Contract Law stipulate that if an employee is sick or injured not due to work, the prescribed medical treatment period shall expire.

If the employer is unable to engage in the original job or work arranged by the employer, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional one month's salary.

Same. If an employer terminates a labor contract in accordance with Article 40 of this Law, it shall pay economic compensation to the employee. Severance shall be paid to the worker according to the number of years of service in the employer, and the employee shall be paid one month's salary for each full year.

Pay. In this case, Xiao did not conduct a labor ability appraisal after the expiration of the medical treatment period, neither returned to his original job to work, nor refused to accompany the company to arrange another job, and the company could terminate Xiao's labor contract, but should pay economic compensation. At.

Under the mediation presided over by the arbitration commission, the company paid Xiao 16,250 yuan in economic compensation for the termination of the labor contract. (Gong Wei Ling Jin Lihua).

Even if the employee cannot return to his or her original position after the expiration of the medical treatment period, the employer has the obligation to properly arrange other new positions that are more suitable for the employee's physical condition. Only if the employee fails to meet the above two requirements, the employer can legally exercise the right to terminate the employment contract. If the employer ignores this procedural requirement, does not consult the employee's opinion on whether the employee can go to another position, and directly terminates the employment contract without the employee continuing to take sick leave after the expiration of the medical treatment period, it violates the mandatory requirements of the law and is liable to pay compensation for the illegal termination of the employment contract.

It should also be noted that the unilateral termination of the contract between the company and the employee requires the fulfillment of statutory procedures, including reporting to the labor union.

Article 40 of the Labor Contract Law of the People's Republic of China provides 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:

(1) The worker is sick or injured not due to work, and is unable to perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employing unit, (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment, (3) The objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after negotiation.