After working in the company for three years, due to lung infection, the company wants to terminate

Submitting the resignation letter means that you have resigned voluntarily, without any compensation, if the company dissolves with you, you will be compensated for one month's salary.

The employer may not terminate the employment contract of an employee who is infected with pneumonia. If an employee is infected with pneumonia and is in the medical treatment period, the employer shall not terminate the labor contract if the employee is sick or injured non-work-related in accordance with the relevant regulations. Article 42 of the Civil Code:

The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the worker has any of the following circumstances: (1) The worker who is engaged in work that is exposed to occupational diseases and hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured on the job in the chain and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees who 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.

On the one hand, it is to claim compensation, and if it is a work-related injury, the employer has no right to terminate the contract. According to the relevant compensation treatment of work-related injuries, if it is not a work-related injury, the compensation for the illegal termination of the labor contract by the employer = your working years multiplied by two and then multiplied by the average of your take-home wages in the first twelve months If the average take-home salary in the first twelve months is 3,000, then if you work for less than one and a half years, the employer should compensate you 6,000, and more than one and a half years, the employer should compensate you 12,000. At the same time, if you don't want to leave that company, you can also ask to continue the contract.

Of course, even if it is not a work-related injury, you can apply for arbitration to continue to perform the employment contract and at the same time require the employer to pay the wages from the date of actual return to work.

In addition, the most important thing is the collection of evidence, you need to collect evidence that the unit does not let you go to work, it is best to let the unit issue you a written notice of dismissal, if the unit refuses to issue a written thing, you should pay attention to collecting evidence, so as not to wait for you to apply for arbitration, the unit says that you are continuously absent from work, automatic resignation. You can't tell when the time comes.

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 period of medical treatment;

(4) Female employees who 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.

Your situation can be pressed.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall follow the provisions of Article 87 of this Law (Article 87 Where an employer dissolves or terminates the labor contract in violation of the provisions of this Law, it shall follow the provisions of Article 47 of this Law (Article 47 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 worker shall be paid half a month's salary.

If the monthly wage of a 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 standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

Compensation is paid to the worker at twice the rate of economic compensation.

Payment of compensation.

It depends on the reason for dismissal.

If the shadow in the lungs is identified as an occupational disease, the company may not terminate the contract during the appraisal period.

The compensation for unlawful termination of the agreement is about 4 months' salary. You can also request to continue to perform the contract and enjoy work-related injury insurance benefits.

If it is an occupational disease, then it is not possible to contact the contract, which is expressly stipulated in the law.

You can claim double severance from the employer.

Labor Contract Law

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 period of medical treatment;

(4) Female employees who 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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Legal Analysis: An employer may not terminate the employment contract of an employee who is infected with pneumonia. If an employee is infected with pneumonia and is in the period of medical treatment, and in accordance with the relevant regulations, if the employee is sick or injured not due to work, the employer shall not terminate the labor contract within the prescribed medical treatment period.

Legal basis: Article 42 of the Civil Code of the People's Republic of China: The property of a missing person is to be held in escrow by his or her spouse, adult children, parents, or other persons who are willing to serve as custodians. Where there is a dispute over custody, and there is no person provided for in the preceding paragraph, or the person provided for in the preceding paragraph does not have the ability to take custody, the people's court is to designate a person in distress to take custody of the case.