If a factory worker is mentally ill, will the unit be fired?

After a full-time worker becomes mentally ill, the employer will generally not fire the worker, and the employer will generally handle such matters by retiring the worker from illness.

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.

Summary. Hello, are you consulting about being mentally ill during working hours? If so, if you have a mental illness while working in a factory, you should first report your work-related injury, secondly, go to a psychiatric hospital to check and confirm the diagnosis, and then go to the judicial appraisal center to identify the disability level, and if you meet the conditions, you can apply for a disability certificate.

Hello, are you consulting about being mentally ill during working hours? If you are wearing a filial piety shirt and have a mental illness while working in a factory, you should first report a work-related injury, and secondly, go to a psychiatric hospital to check and diagnose the diagnosis, and then go to the judicial appraisal center to identify the disability level, and if you meet the conditions, you can apply for a disability certificate. Finally, the work-related injury insurance that the applicant company has paid for you is paid by the insurance company, and the relevant insurance.

FYI. Secondly, if mental illness is not a work-related injury, in accordance with Article 10 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System, in the process of transforming the fixed-term labor system to the labor contract system, for employees who are already mentally ill but have been controlled, the employer shall arrange appropriate work and sign a labor contract; For those who are seriously ill and cannot be controlled, they should be sent to the hospital**. After the medical treatment is completed, the retirement or resignation procedures shall be handled in accordance with the relevant provisions of the state. Article 11 stipulates that an employer may terminate a labor contract for a newly recruited employee who is found to be mentally ill during the probationary period and confirmed by the relevant authorities.

FYI.

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.

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 the company is mentally ill while working in a factory, whether the company should be held responsible should refer to whether the employer is at fault, whether there is a causal relationship between the fault of the employer and the illness of the worker, and whether the worker died. If the mental illness of the worker is caused by the working environment and meets the conditions for the determination of work-related injury, Ying Ming Zheng begged the company to pay the corresponding compensation in accordance with the statutory standards. For the specific compensation standard, please refer to the work-related injury level compensation.

Legal analysis: Mentally ill patients can be dismissed, if the employee is sick, after the expiration of the prescribed medical treatment period, can not engage in the original job, nor can he engage in the work arranged by the company, the company can dismiss the employee. However, if the company dismisses an employee on this ground, it shall notify the employee in writing 30 days in advance or pay an additional month's salary, and shall pay the employee severance for the termination of the labor contract.

If the above conditions are not met, the company cannot dismiss the employee on the grounds that the employee is mentally ill. 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.

Legal basisLabor Contract Law of the People's Republic of China

Article 37 A worker may terminate the 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.

The employer may dismiss an employee who is mentally ill.

Of course, if the employee is sick and cannot engage in his or her original job or employer's employment after the expiration of the prescribed medical treatment period, the company can dismiss the employee from another work situation.

The issues to be aware of when an employee is advised to quit are as follows:

1. If you are persuaded by the unit, you can not agree, but you must not make your own claim not to go to work, and the unit does not agree verbally, and there must be clear evidence to prove (preferably written evidence, or recordings, mobile phone text messages, etc.) that not going to work is the consent of the unit before you can consider choosing not to go to work. According to the rules and regulations of many employers, an employee who is absent from work for more than three consecutive days is regarded as a serious violation of the rules and regulations, and the employer has the right to terminate the labor contract without giving any economic compensation.

2. If once the dispute has arisen, we must find a way to remedy it, and prove that the failure to go to work was not intentional absenteeism, but the instruction of the employer.

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 not competent for the job, and after training or job adjustment, he is still not competent for the job;

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.