What should I do if an employee has cancer?

Hello, after the end of the medical treatment period for the employee's illness, the employer can terminate the labor contract, but it needs to pay the employee severance payment.

Legal basis: Labor Contract Law

Article 40 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;

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.

If an employee has cancer, the Labor Law stipulates that if the employee is still in the medical treatment period, the employer cannot terminate the contract with the employee by means of layoff or no-fault dismissal; If the medical treatment period expires and the employee is not suitable for the original job or other work arranged by the employer, the employer may terminate the labor contract, but the employee must be notified in writing 30 days in advance, and economic compensation must be paid in accordance with the law.

Legal basis. Article 26 of the Labor Law of the People's Republic of China.

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:

2) Sick or injured within the prescribed period of medical treatment;

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

If an employee has cancer, according to the provisions of the Labor Law, he needs to be given a certain period of medical treatment for treatment, and the employee is employed.

You can't fire an employee just because they have cancer. In other words, even if the employee has cancer during the medical treatment period.

Cannot be dismissed. However, if the medical treatment period expires and the employee is unable to perform the original job and cannot take on the new job.

In this case, the employer can dismiss him.

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Legal Analysis: If an employee has cancer, according to the provisions of the Labor Law, a certain period of medical treatment is required for treatment, and the employer cannot directly dismiss the employee because he or she has cancer. In other words, during the medical treatment period, even if the employee has cancer, he or she cannot be dismissed.

However, if the medical treatment period expires and the employee is unable to perform the original job or take on the new job, the employer may dismiss the employee.

Legal basis: 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 employee is sick or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to engage in the original job or the 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.

Summary. If an employee has cancer, according to the provisions of the Labor Law, a certain period of medical treatment is required for medical treatment, and the employer cannot dismiss the employee directly because he or she has cancer. In other words, during the medical treatment period, even if the employee has cancer, he or she cannot be dismissed.

However, if the medical treatment period expires and the employee is unable to perform the original job or take on the new job, the employer may dismiss the employee.

If an employee has cancer, according to the provisions of the Labor Law, a certain period of medical treatment is required for treatment, and the employer cannot directly dismiss the employee because he or she has cancer. In other words, during the medical period, the employee cannot be dismissed even if the cancer is eliminated. However, if the medical treatment period is completed and the employee is unable to perform the original job and cannot undertake the new work, the employer may dismiss the employee <>

According to Article 6 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises issued by the former Ministry of Labor, if the medical treatment is completed during the medical treatment period and the employee is unable to engage in the original job or the work arranged by the employing unit, the labor appraisal committee shall conduct an appraisal of the labor ability of the company.

After suffering from cancer, I took 15 months off, and then went to work for about a year and a half, and the prescribed medical treatment period was 24 months, so am I still in the medical treatment period?

The medical treatment period is 24 months, and 15 months and a year and a half will not be within the medical treatment period.

But after 15 months, he did not take any sick leave.

Are the medical periods counted consecutively?

Statistically, if you return to your original company after 15 months, the company should continue to perform the employment contract with you.

The medical period is calculated consecutively.

Yes, I have been on the job for a year and a half, but now that the unit is engaged in competitive recruitment and is ready to let me stay on the job, has the unit violated any regulations.

Do you want to ask about labor relations or what are you currently experiencing?

Why do you want to be on the job?

How do I protect my rights?

You have been back to work for so long, and the company has no right to let you stay on duty without reason.

Unit reform, personnel optimization.

If you do not agree, the employment contract will continue to be performed, and the employee has the right to refuse.

If it is a shutdown and production leakage, it is understandable to be on duty, but if you want to stay on duty during normal operation, it is a violation of FA. You have the right to demand the termination of your employment contract and to demand financial compensation.

Remember, before the matter is resolved, do not sign the documents given by the company.

1.Statistically, cancer is the biggest disease in which an employee has it, and the employee can apply for a 24-month medical treatment period.

2.After the expiration of the medical treatment period, if the employee cannot continue to work due to physical reasons, the company may terminate the labor contract with the employee in accordance with laws and regulations, but it is required to pay the employee one year and one month of economic compensation according to the employee's working years.

The treatment of an employee with cancer is as follows:

1. If an enterprise employee suffering from cancer can work normally, let him work normally, but do not let him engage in too heavy work;

2. If the employee is unable to perform the original work after the expiration of the prescribed medical treatment period, the labor contract may be terminated after giving the prescribed compensation;

3. Labor compensation is based on the number of years of service, that is, compensation for each full year;

4. Employees cannot be dismissed at will during the medical treatment period, and if the medical treatment period has expired but the worker cannot engage in the original work or the work arranged by the unit, the employer may notify the employee three days in advance and terminate the labor contract after 30 days.

Legal basis.

Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".

Article 3 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 the number of years he has worked in the unit

1) Where the actual working years are less than 10 years, three months for those who have worked in the unit for less than five years, and six months for those who have worked for more than five years.

2) Where the actual working experience is more than 10 years, 6 months for those who have worked in the unit for less than 5 years, 9 months for those who have worked for more than 5 years but not more than 10 years, and 12 months for those who have worked for more than 10 years but not more than 15 years;

18 months for those between 15 and 20 years, and 24 months for more than 20 years. Article 6 Where an employee of an enterprise is disabled not due to work or is found by a doctor or a medical institution to be suffering from a disease that is difficult to achieve, and the medical treatment is terminated during the medical treatment period, and he is unable to engage in his original job or the work arranged by the employer, the labor appraisal committee shall conduct an appraisal of his or her working ability 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 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through retirement and resignation procedures, and enjoy retirement and retirement benefits; If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.

Summary. Hello! <>

Dear, glad to answer for you! <>

If an employee has cancer, the employer cannot terminate the contract with the employee by way of layoff or no-fault dismissal if the employee is still in the medical treatment period; If the medical treatment period expires and the employee is not suitable for the original job or other work arranged by the employer, the employer may terminate the labor contract, but the employee must be notified in writing 30 days in advance, and economic compensation must be paid in accordance with the law.

What should I do if an employee has cancer?

Hello! <>

Dear, glad to answer for you! <>

If an employee has cancer, the labor law stipulates that if the employee is still in the medical treatment period, the employer cannot terminate the contract with the employee in a lenient manner such as layoff or no-fault dismissal; If the medical treatment period expires and the employee does not adapt to the original work or other work arranged by the employer, the employer can terminate the labor contract, but the employee must be notified in writing 30 days in advance, and economic compensation must be paid in accordance with the law.

Legal basis: Article 26 of the Labor Law of the People's Republic of China: 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 adjustment of the key position of the work; (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 the modification of the labor contract after consultation.

How long is the duration of treatment for cancer?

The treatment period for cancer will be given from 3 months to 24 months depending on the actual number of years of work and the number of years of work in the company.

If the working age is less than 10 years, the working experience of the unit is less than 5 years, and the working experience is less than 3 months; 6 months for more than 5 years. If the actual working age is more than 10 years, 6 months if the working experience in the unit is less than 5 years; those between 5 and 10 years are 9 months; 12 months for those between 10 and 15 years; 18 months for those with more than 15 years and less than 20 years; 24 months for more than 20 years.

If you only work for 1 year, the medical treatment period is only 3 months?

Yes! I worked in the unit for one year, but the total work added up to the market is more than ten years! There are 6 months!

If you have worked for more than 10 years, you can work for 6 months if you have worked for one year! This is a combination of both!

There is no salary during the medical treatment period.

There is still a salary for the medical period, but the salary can be paid at the local minimum wage!

If an employee has cancer, 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, but it is required to pay the corresponding economic compensation according to the employee's working years.

Hello question. Hello oh question.

If an employee has cancer on the job, the company will terminate the labor contract after giving six months of capital salary, and also need to pay economic compensation.

Question: Is the average salary of An'an for the past year before the dismissal, and the additional period is one month per year? And is six months of capital wages counted?

What is this severance rate?

Yes, one month's salary is paid to the worker 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.

Q: But my contract has expired?

2. If the employer agrees to renew the labor contract, but lowers the conditions agreed in the labor contract, and the employee does not agree to renew, the labor contract shall be terminated and the employer shall pay economic compensation; 3. If the employer does not agree to renew, the employer shall pay economic compensation to the termination of the labor contract, regardless of whether the employee agrees to renew the contract or not.