Can an administrative institution be dismissed for mental illness?

If you don't retire yourself, it is possible that the unit will let you take the initiative to dismiss yourself after all.

In this case, it is not possible to dismiss.

Regular sick leave cannot be dismissed after the medical treatment period. However, at the end of the medical treatment period, the labor contract can be terminated through negotiation. However, financial compensation and Medicaid are paid.

Dismissal or transfer will be arranged.

Legal Analysis: Psychiatric institutions cannot be dismissed. In dealing with mentally ill employees, employers should apply different handling methods according to the nature of the employer, the employment situation and the degree of disability assessment, including dismissal, non-dismissal, retirement or resignation procedures, etc.

Under normal circumstances, if a sick employee under the labor contract system has ** or has a very mild illness and has been stably controlled, and has been assessed to have the ability to work within the prescribed medical treatment period, the employer shall make appropriate arrangements for the employee to work, and shall not terminate the labor contract due to illness; If it is determined that the sick employee has indeed lost the ability to work, the employer may terminate the labor contract and provide appropriate compensation in accordance with the regulations.

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.

It is true that a person who commits a crime when a mental illness is at the onset of the disease and is unable to control himself does not need to bear criminal responsibility, but not all mental illnesses do not need to bear criminal responsibility. If it is found that the employee did not have the disease or could control himself at the time of the crime, and is still sentenced, the employer has the right to terminate the employment relationship.

Therefore, if picking quarrels and provoking troubles is determined to have a mental illness and is unable to control the crime during the onset of the illness, he does not bear criminal responsibility, which does not meet the provisions of Article 39, Paragraph 2 of the Labor Contract Law.

However, because mental illness itself is not suitable for being a teacher, unless it is an illness caused by work, the employer still has the right to terminate the labor relationship and give compensation if it cannot be given a certain period of medical treatment.

In addition, if a person is found to be mentally ill, it is not suitable for him to continue to serve as a teacher, and the lightest unit is also transferred, otherwise the unit will have to bear huge risks and responsibilities. Therefore, to a large extent, as long as mental illness is detected, first of all, the teaching teacher basically has nothing to do, if there are conditions, they may be transferred to logistics and other positions, if they are not qualified, they may be dismissed by the unit after the medical period, of course, if they are sentenced to real punishment, the unit is generally dismissed directly.

This depends on the situation, if it is a contract business personnel, if there is a disease treatment, it cannot be dismissed. In the case of contract workers, the contract can be terminated when the contract expires. If the contract does not expire, it must also be terminated, and if you cannot continue to work, you can be dismissed.

Mental illness in an administrative career can be dismissed. Suffering from mental illness with loss of behavioral self-control and not being able to work.

Whether or not an administrative institution can be dismissed from a mental illness, I think that if a mental illness is discovered in the course of work, it cannot be dismissed.

Employees of administrative institutions who are mentally ill and unable to work normally cannot be dismissed directly, and may be discharged from their homes due to illness or early retirement.

Legal Analysis: An employer may dismiss an employee who suffers from mental illness. There are two points that must be noted here: first, the illness that causes the employee to lose the ability to work cannot be an occupational disease or an injury caused by work, and cannot have anything to do with the employer; Otherwise, the employer cannot dismiss him/her.

Second, if an employee is sick, injured or incapacitated, the employer cannot immediately terminate the contract, but must give a certain period of medical treatment, and then discuss the termination of the contract after the medical treatment period is over.

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

Article 37 A worker may terminate the joint labor assignment by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker 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.

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;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) The objective circumstances on which the labor contract was concluded have undergone major changes, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Legal Analysis: According to the specific analysis of specific issues, the employer should apply different treatment methods according to the nature of the employer, the employment situation and the degree of disability assessment, including dismissal, non-dismissal, retirement or resignation procedures, etc.

Legal basis: Labor Law of the People's Republic of China

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.

Article 29 Under any of the following circumstances, an employer shall not terminate a labor contract in accordance with the provisions of Articles 26 and 27 of this Law: (1) He suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost his 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.

However, if the above conditions are not met, the employer cannot dismiss the employee on the grounds that the employee is mentally ill.

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 employee is sick or injured not due to work, and cannot engage in the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; 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 is based at the time of conclusion, which makes it impossible to perform the labor contract, and the employer fails to reach an agreement on changing the content of the labor contract after a single round of negotiation and negotiation with the laborers.

If you lose money, you can be fired, if you don't want to lose money, the mentally ill person can't be dismissed at will, otherwise the employer is an illegal act, and you must compensate for liquidated damages and other economic losses according to the labor contract. If the employee violates the matters agreed in the labor contract with the company, the labor contract can be terminated and the employee can be dismissed. A mentally ill person cannot be dismissed at will, otherwise it is a violation of the law.

If an employee is sick and is entitled to 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 expiration of the medical treatment period, the employer shall legally terminate the employment relationship, but still need to pay severance and medical subsidies.

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 may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical 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) 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 compensate for the company's dismissal of employees without cause?

1) Economic compensation shall be paid to the worker according to the number of years of service in the unit and one month's salary for each full year.

2) 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.

3) If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city of a city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

4) If the unit unilaterally dismisses without a legitimate reason, it needs to pay double the compensation according to the above standards.

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

If the employer dismisses the employee without cause, it is required to compensate the employee. If the employee has worked for more than six months and less than one year, the employee needs to be compensated for one year's salary, as well as liquidated damages agreed in the contract.