What should I do if I am hospitalized due to illness during the contract period?

1. The employer shall pay the sick leave pay for a few days of sick leave.

2. The employer must pay compensation if it takes the initiative to terminate the labor contract in advance (your father must be at fault) or refuses to renew the contract.

3. If the employer violates the labor law, your father can file a complaint with the labor inspection department or apply to the labor dispute committee for an appeal for adjudication if the negotiation with the employer is invalid.

According to the law, the shortest medical treatment period for an employee's illness is three months, and if the employment contract expires during this period, it should be extended until the expiration of the medical treatment period.

You can continue to claim sick pay, and if the employer refuses, you can apply for labor arbitration.

If you have any questions, please feel free to contact me.

Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China"59 During the period of illness or non-work-related injury**, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

According to Article 40 of the Labor Contract Law, 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;

However, if the company directly pays your father's salary during the hospitalization** period and terminates the employment contract on July 31, your father will not be able to claim compensation!

1. During the medical treatment period, the labor contract cannot be terminated, and after the medical treatment period, the worker cannot engage in the original job or the work arranged by the employer, the labor contract can be terminated; 2. In the first case, the employer needs to pay compensation for the termination of the labor contract; In the second case, the employer needs to give the employee 30 days' written notice in advance, or pay an additional month's salary, and pay severance payment. 3. Legal basis: In 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; Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform the labor contract. If the worker 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 the provisions of Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

During the performance period of the labor contract, if the employee is sick and hospitalized, he or she can enjoy the medical treatment period, and the employer cannot terminate the labor contract with the employee during the medical treatment period. The specific duration of the medical treatment period is related to the number of years the employee has actually participated in the work and the working time in the company.

1. What should I do if I get sick during the performance of the labor contract?

If the employee is entitled to a medical treatment period during the period of illness, and the termination of the labor relationship during the medical treatment period, the employer shall terminate the labor relationship in an illegal manner, and the employee shall be paid compensation and medical subsidies; If the employee is still unable to work after the expiration of the medical treatment period, the employer shall legally terminate the employment relationship, but still need to pay severance and medical subsidies.

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 be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit

1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

2. How to resolve disputes during the performance of labor contracts?

Clause. 1. Negotiate with the employer. Negotiation refers to the direct negotiation between the employee and the employer on the disputed issues to find a specific solution to the dispute.

Clause. 2. Apply to the mediation committee and close the mediation. The mediation procedure refers to the procedure in which one of the parties to a labor dispute applies to the labor dispute arbitration commission for mediation in a labor dispute that has already occurred.

According to the provisions of the Labor Law, a labor dispute mediation committee may be established within the employer to mediate labor disputes in the employer;

Clause. 3. Apply to the Labor Arbitration Commission for arbitration. The arbitration procedure is a procedure in which one of the parties to a labor dispute submits the dispute to the labor dispute arbitration commission for processing.

If you want to file a labor lawsuit, you must go through the arbitration procedure and cannot directly file a lawsuit with the people's court.

During the performance of the obligations of the labor contract, the person who is sick can enjoy the statutory medical treatment period. If there is a dispute over the content of the labor contract, you can first negotiate with the employer to find a specific solution to the dispute, and if the negotiation fails, you can ask the mediation committee to intervene and resolve the dispute through third-party mediation. If neither of these methods is possible, you can apply to the labor arbitration commission for arbitration.

2. Since the expiration of your contract is during the sick leave, if you are still in the medical treatment period, the employer has no right to terminate the labor contract, but needs to continue until the expiration of the medical treatment. If the worker is still unable to work, he or she needs to go to the labor department for a labor ability appraisal and then handle it in accordance with the procedures prescribed by relevant laws.

Question: Sick during the contract period, sick leave for a year, and the company now says that the sick leave is over.

Is it possible not to leave your job now?

The company is now proposing six months of Medicaid, with two and a half months of financial assistance.

If you don't want to.

I was on a contract for 3 years, with a year of work and a year of sick leave.

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.

This compensation is in accordance with the law.

If you have any other requirements, you can ask the company.