If an employee has cancer, can he resign?

First, first of all, you should judge whether it is benign or malignant, if it is benign, take a period of vacation, and he can be good.

Second, if the test result is vicious, I believe that the employee may realize the seriousness of the problem and may resign on his own initiative.

Third, I don't know if you are the position of the employee or the position of the company, in short, I think the company should respect the employee, depending on the meaning of the employee, if the employee wants to work, the company can also give a certain amount of working space.

Fourth, an enterprise can only last longer if it has culture and humanity.

If an employee has cancer, he or she does not have to resign, he or she can take temporary sick leave, and he can continue to work after the illness is relieved, because many cancers will be cured after passing**.

If the boss is good, you can be paid**Ah, half salary is fine, after all, as long as the cancer is not terminal, there is a possibility of **.

This is a complicated issue, and it stands to reason that employees should not quit because they should be protected from illness, but in reality it is difficult to do so. For example, whether it is on five insurances and one housing fund. And when the contract was signed, there were no specific terms in it.

It is impossible for a civil servant to resign anyway.

There are many kinds of cancer, some of which are serious and of course cannot work, and some are in the early stage, taking medicine**, which does not affect work.

See what cancer is.

Our company has a breast cancer, and after the operation, I came back to work normally, and the company also took care of the work arranged by the company more easily than before.

1 leukemia, unable to work normally, left for a year without pay, was not cured, and then resigned himself.

1 advanced stage of lung cancer, there is no way to do this, there is no way to resign, there is no way to live for half a year, you have to be sick, you can find a job again, and the body is the most important.

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 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; OK. (I sympathize with cancer patients, but I also despise those who treat cancer as a "universal forgiveness.") To put it bluntly, cancer is similar to ordinary disability, or even inferior to disability, and there are some corresponding legal protections, and cancer is much less corresponding to legal protection than ordinary diseases.

1. Unless the employer has a special treaty or there are special clauses in the labor contract signed by the employee.

2. The general labor law and normal labor contracts will not have special instructions and restrictions on the dismissal and recruitment of cancer. Therefore, the dismissal of ordinary employees will not be directly applied to issues such as "cancer".

3. Only after obtaining cancer disease, it affects work and work ability, and cannot meet the requirements and provisions of the labor treaty. The employer has the right to defend its rights and dismiss the cancer employee. But the reason is not directly cancer.

Rather, it is cancer that makes it impossible to work normally, and even poses a certain danger to work and work.

If there is sick leave, you can enjoy a certain period of medical treatment, and if it is a major illness, you should have a corresponding medical period treatment. Relevant regulations in Shenzhen: If an employee ceases to work for medical treatment due to illness or non-work-related injury, the employer shall pay the employee sickness and injury leave pay at a rate not less than 60% of the employee's normal working hours wage, but not less than 80% of the minimum wage.

Employees with terminal cancer should be held accountable by the company. If the medical treatment period has expired but the employee is unable to perform the original job or the work arranged by the employer, the employer may give the employee 30 days' notice and terminate the labor contract after 30 days. According to the relevant laws and regulations, 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 under any of the following circumstances:

1. The worker is sick or injured not due to work, and cannot engage in the original job or other work arranged by the employer after the expiration of the prescribed medical treatment period;

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.

If the medical treatment period has expired but the employee is unable to perform the original job or work arranged by the employer, the employer may notify the employee 30 days in advance and terminate the labor contract after 30 days.

Legal basis: Article 3 of the "Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" Article 3 When an enterprise employee 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.

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 analysis: For employees with cancer, it is not a legal reason for dismissal, so the principle of Lianggao is not to be dismissed, if you are not qualified for the original job due to cancer, and you are not competent after transferring, you can pay one month's salary and terminate the contract.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, the employer may terminate the labor contract after giving the employee 30 days' written notice 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 have negotiated and the bureau has not been able to reach an agreement on changing the content of the labor contract.

Legal analysis: According to the provisions of the relevant laws of our country, for employees with cancer, it is not a legal reason for dismissal, so the principle is that they cannot be dismissed.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China: 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.