Will you be fired if you get sick, and will you be fired if you get sick while working?

There should be no big problem with the employer's approach, but you have to see if the salary is in line with the local minimum guarantee. If your father wants to go to work, he does need a certificate from the hospital, and if the hospital issues a certificate, your father can go to work. For details, you can see the following legal provisions.

If there is a dispute, negotiate with the employer or negotiate with the unit under the auspices of the labor mediation department, and if the negotiation fails, you can file a labor arbitration or file a lawsuit with the court.

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 29 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

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 period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

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

Article 73 Workers shall enjoy social insurance benefits in accordance with law under the following circumstances:

a) retirement; 2) Illness or injury;

3) Suffering from work-related disability or occupational disease;

iv) unemployment; 5) Childbearing.

In fact, whether it is legal or not, I think the unit will not let your father go to work, to speak from the heart, if you are the leader of the unit, will you also let it do, this is human nature, are evading their own responsibilities, if the unit agrees to work, it is not necessarily a good thing, they will use any excuse to escape something, as a vulnerable group, we still don't fight with them too much, otherwise it must be us who are hurt, take care of your body is more important than anything else, It will be enough for us to get back what belongs to us, and finally wish your father a speedy **.

The employer may dismiss an employee under any of the following circumstances during his illness: serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Those who have been pursued for criminal responsibility in accordance with law; At the same time, the establishment of labor relations with other employers, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer; Other.

Article 39 of the Labor Contract Law of the People's Republic of China An employer may terminate a labor contract if a worker falls under any of the following circumstances: (1) It is proved that he does not meet the employment requirements during the probationary period; (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 a labor relationship with another employer 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 Article 26 of this Law and the first paragraph of the first paragraph; (6) Those who have been pursued for criminal responsibility in accordance with law.

Legal Analysis: If an employee is sick and enjoys a medical treatment period, and the employer terminates the labor relationship during the medical treatment period, it is an illegal termination, and the employee shall be compensated and paid medical subsidies; If the employee is still unable to work after the end of the medical treatment period, the employer shall legally terminate the labor relationship, but still need to pay severance and medical subsidies.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises The medical treatment period refers to the time limit within which an employee of an enterprise shall not terminate the labor contract due to illness or non-work-related injury, when he or she stops working for treatment and rest. 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. If the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and it is 6 months; 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.

If an employee is dismissed by the company due to illness, he or she may request the company to continue to perform the labor contract with him/her; If the employee does not have such a request or the labor contract is no longer able to be performed, the company can be required to compensate at double the economic compensation standard.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. 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 laborer shall be compensated with half a month's salary. Article 48 of the Labor Contract Law of the People's Republic of China 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 the labor contract; 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 of the Labor Contract Law of the People's Republic of China 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.

Hello, according to the relevant provisions of the Labor Contract Law, the employer can only terminate the labor contract if there are statutory circumstances. 1. The fault of the worker himself.

Article 39 of the Labor Contract Law.

The employer may terminate the labor contract if the employee 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.

2. Due to the existence of the following objective reasons.

In accordance with Article 40 of this 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 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.

3. The employer shall not terminate the labor contract under any of the following circumstances.

Article 42.

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.

To sum up, (1) if the employee suffers from an occupational disease, the employer shall not terminate the employment contract. (2) If it is not an occupational disease, but another disease, the employer has no right to terminate the labor contract within the prescribed medical treatment period, and the employer can only terminate the contract if the employee is incompetent for the original job or the new job arranged by the employer after the expiration of the prescribed medical treatment period, and must notify the employee in writing 30 days in advance or pay the employee an additional month's salary.

Hello, a few days ago, I went to the hospital for a high blood sugar checkup, and it was determined that it was high blood sugar, and the grass unit where I worked knew it, and for this reason, I subtracted the labor relationship, can the unit do this?

No. Because, getting sick is not your subjective fault, but a natural phenomenon. The unit shall now give **, and shall not be dismissed during the period.

However, except as provided by law. For details, please refer to the relevant provisions of the Labor Contract Law.

In fact, whether it is legal or not, I think the unit will not let your father go to work, to speak from the heart, if you are the leader of the unit, will you also let it do, this is human nature, are evading their own responsibilities, if the unit agrees to work, it is not necessarily a good thing, they will use any excuse to escape something, as a vulnerable group, we still don't fight with them too much, otherwise it must be us who are hurt, take care of your body is more important than anything else, It will be enough for us to get back what belongs to us, and finally wish your father a speedy **.

Article 40(1) of the Labor Contract Law stipulates that if an employee is sick or injured not due to work-related injuries and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired, 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. Paragraph (3) of Article 46 stipulates that if an employer terminates a labor contract in accordance with Article 40 of this Law, the employer shall pay economic compensation to the employee.

In other words, if an employee is sick and is unable to perform his or her original job or work arranged by the employer after the prescribed medical treatment period has expired, 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. However, workers cannot be dismissed, and economic compensation must be given to workers in accordance with the law.

According to Article 40 of the Labor Contract Law, if an employee is sick or injured not due to work-related injuries and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired, 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. According to the preceding paragraph, what is the duration of the medical treatment period that should be determined first? Secondly, the company should arrange you to other positions first, and if you are no longer competent, it can terminate the employment relationship with you.

If an enterprise directly terminates the employment relationship on the grounds that it does not go to work for six months, it is not in accordance with the law.

If a 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, the employer may terminate the contract and pay him or her one month's salary one month in advance, and pay appropriate compensation.

According to the provisions of the Labor Law, an employee can only be legally dismissed if he or she is sick under one circumstance, that is, if the employee is unable to perform his original job or other work after the expiration of the prescribed medical treatment period, the employer may give the employee one month's written notice in advance or pay another month's salary to terminate the employee. The Labor Contract Law also stipulates that if an employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract. In practice, if the orange is unable to go to work due to irresistible reasons such as illness, it will not be treated as absenteeism, let alone terminate the labor contract for this reason.

Article 29 of the Labor Law stipulates that under any of the following circumstances, the employer shall not terminate the employment of a worker in accordance with the provisions of Articles 26 and 27 of this Law: (1) he suffers from an occupational disease or is injured on the job and is confirmed to have lost or partially lost his ability to work, (2) he is sick or injured within the prescribed period of medical treatment; (3) Female employees during pregnancy, childbirth, or breastfeeding, and (4) other circumstances provided for by laws and administrative regulations.