Can I be dismissed from my employer if I have cancer?

Legal Analysis: 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 notify the employee 30 days in advance and terminate the labor contract after 30 days.

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

Article 37 A worker may terminate a labor contract 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) 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.

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.

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.

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.

Legal analysis: For employees with cancer, it is not a statutory 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.

Legal basis: Labor Contract Law of the People's Republic of China Article 40 In 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 is based at the time of the conclusion of the labor contract, 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 negotiation with the employee.