Can Workers Who Have Been Injured At Work Be Dismissed By The Unit?

Wen Baocheng: at the beginning of 2001, I was hired by a processing enterprise. Later, I got a work-related injury and got a work-related injury. I was identified as a nine grade disability.

Last year, the economic efficiency of the unit was not good.

The old workers quit.

I suffered from an old brain injury due to work-related injuries. I took sick leave after the Spring Festival this year.

Excuse me, can I get rid of the labor relationship with me when I am in a situation like this? If I am dismissed, how much compensation can I get?

Hu Fang:

"Article forty-second stipulates that workers are suffering from this unit.

If the worker is injured or is confirmed to be lost or partially disabled, the employer shall not terminate the labor contract in accordance with the provisions of the fortieth and forty-first articles of this law.

In addition, the thirty-seventh article of the regulations on work-related injury insurance stipulates that workers who have been identified as grade seven to ten disability due to work-related disability shall terminate the term of the labor contract or if the worker himself proposes to terminate the labor contract, the work-related injury insurance fund shall be paid a one-time industrial injury medical subsidy, and the employer shall pay a one-time disability employment subsidy.

Judging from what you have said, you are classified as a nine grade disability due to work-related disability, which is part of the labor loss. According to the above regulations, the unit must not dissolve the labor contract with your economic benefit.

However, if you terminate the labor contract with the unit's labor contract, or if you propose to terminate the labor contract, you have the right to receive a one-off work-related medical grant and a one-time disability employment grant.

The two amount of subsidy is the average monthly wage of the workers in the past 6 months after the termination or dissolution of the labor contract.

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A few days ago, some netizens burst out because they were ranked last in the top of last month's performance appraisal and were dismissed by the boss.

On the other hand, the netizen inquired, "is it lawful for enterprises to implement the final elimination system"? Netizens have given answers in succession. Some people think that this is the survival of the fittest. Some people think it is no reason to cancel the labor contract.

On this topic, the reporter listened to the views of many employees and business managers, and interviewed Zhao Peng, a lawyer of Beijing Ying Ke law firm, who was also serving the Huairou labor dispute mediation center.

Staff viewpoint:

1: there is no sense of security in work.

"Elimination of the last position".

Wen Wen Wen, a staff member, was surprised to hear such a system. "This is too cruel. The workers are too insecure."

Wen Wen is a sales representative of a pharmaceutical company. She told reporters that the performance ranking only reflects the work of a cycle employee, and there may be many objective factors in this cycle. If it is only because the rankings of a month's performance are not high enough, it will be too unfair to the staff.

Wen Wen said that she had not encountered the "last resort elimination system". But from the past work experience, the sales gap is very different before and after the Spring Festival every year. If the performance is not high before the Spring Festival, it will no longer see two times higher performance than the other months after the Spring Festival.

"The final elimination system is not entirely scientific."

This is Wen Wen's attitude.

2: survival of the fittest can be understood.

"The final elimination is the survival of the fittest, and the law of nature can be understood."

Liu Yuanyuan, a worker, said, "in fact, it is eliminated from jobs that are never suitable for a job. Enterprises can arrange workers to work in other jobs. If they are dismissed directly, they should be illegal."

Liu Yuanyuan also felt a little vague about her own statement, but she insisted that the advantages of the survival of the fittest should not be ignored. There should be such a competitive pressure in the workplace. There should be a corresponding management system for the enterprises to move their jobs. At the same time, they should also provide a channel for them to return to their posts through efforts.

But Liu Yuanyuan can't agree with the direct elimination of enterprises from the end.