Can a staff member of a public institution with cancer be dismissed?

If an employee is sick, it is necessary to determine whether the employment relationship can be terminated based on the actual illness of the employee.

Under normal circumstances, if an employer needs to terminate the employment relationship, it is required to notify the employer in writing one month in advance.

Labor Law of the People's Republic of China

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

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 original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department.

Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.

It should not be immoral to call that unit to empathize.

1. Can cancer patients be dismissed?

1. For employees with cancer, it is not a legal reason for dismissal, so the principle is that they cannot be dismissed, if they are not qualified for the original job due to cancer, and they are not competent after being transferred, they can terminate the contract after paying one month's salary.

2. Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China.

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.

2. What are the circumstances that cannot be dismissed?

1. Workers engaged in operations that expose occupational disease hazards have not undergone pre-departure occupational health examinations, or suspected occupational disease patients are during the period of diagnosis or medical observation;

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

3. Sick 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 stipulated by laws and administrative regulations.

Summary. Hello, for employees with cancer, it is not a legal reason for dismissal, so the principle is that it cannot be dismissed, if you are not qualified for the original job due to cancer, you can be transferred to other positions, and if you are not competent after the transfer, you cannot be dismissed within the statutory medical treatment period. However, the employment contract can be terminated outside the statutory medical treatment period.

Hello, for employees with cancer, it is not a legal reason for dismissal, so the principle is that it cannot be dismissed, if you are not qualified for the original job due to cancer, you can be transferred to other positions, and if you are not competent after the transfer, you cannot be dismissed within the statutory medical treatment period. However, the employment contract can be terminated outside the statutory medical treatment period.

How long is the legal treatment period for cancer?

If you have worked in the unit for one year, according to the laws of our country, if you have worked in the unit for less than five years, the statutory medical treatment period is 3 months.

The unit has now issued a refund order, what should I do?

Cancer's dependence on health insurance, if not, would be fatal.

Cancer is a serious disease.

Legally you can't be dismissed, how to interpret it.

After being dismissed, you can only pay medical insurance by yourself, so that you can also enjoy medical insurance reimbursement.

Legally, you cannot be dismissed just because of illness, and if you are incompetent after changing positions, the company can terminate the labor contract outside the statutory medical treatment period.

If you can't, it's against the law.

If the employer terminates the labor contract illegally, you can demand double the severance payment.

The severance is calculated according to the number of years the worker has worked in the employer, and one month's salary is paid as severance for each year of service.

If it is more than half a year but less than one year, one month's salary shall be paid, and if it is less than half a year, half a month's salary shall be paid.

An additional month's salary is required as payment in lieu of notice.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

The monthly wage of the 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 unit shall handle the resignation procedures for you, including the settlement of wages, the issuance of resignation certificates, and the transfer of household registration and files.

It is also possible to appoint a lawyer to arbitrate on your behalf.

Legal Alarm Analysis: Cancer patients who meet the following conditions cannot be dismissed

1) Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work, (2) Sick or injured, within the prescribed medical treatment period, (3) Female employees during pregnancy, childbirth, or lactation, and (4) Other circumstances provided for by laws and administrative regulations.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee falls under any of the following circumstances:

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.