After The Medical Treatment Expires, The Working Unit Can Not Terminate The Contract.

Xiaomou entered a company in Mengyin County for sale in September 2001. In January 5, 2014, due to lumbar disc herniation and inconvenient action, the doctor suggested taking sick leave at home.

According to the company's sick leave system, Xiao Mou first issued the certificate of sick leave from the hospital, and then signed it to the personnel department for treatment.

In February 1, 2015, xiaomou had taken more than 1 years of sick leave. The company informed Xiao Mou in writing that he would return to work within 3 days.

On the second day, xiaomou returned to the company and was ill. He could not engage in the original work.

The company also arranged for Xiao Mou to work in an office. Xiao Mou said he could not do it.

The company relieved xiaomou's labor contract on the grounds that the medical period was full.

Xiaomou repeatedly asked the company to pay the economic compensation for the dissolution of the labor contract and was rejected. The arbitration application was submitted to the local labor and personnel dispute arbitration commission.

According to the trial, the Arbitration Commission considers that

"Article third and seventh stipulate that medical workers should be given medical treatment due to illness or non work related injuries.

The actual working life is more than 10 years, and the working life of this unit is more than 10 years or less than 15 years, 12 months.

The employees of a company are not hard to treat because of disability and by doctors or medical institutions.

,

The labor appraisal committee shall be able to appraise the labor capacity according to the criteria for assessing the degree of disability caused by occupational injuries and occupational diseases.

Those who have been identified as grade one to four should withdraw from their work posts, dissolve their labour relations, handle retirement and retirement procedures, and enjoy retirement and retirement treatment.

Article fortieth, forty-sixth, and forty-seventh of the labor contract law stipulate that workers who are sick or not injured by work shall not be able to engage in the original work after the prescribed medical treatment expires, nor can they engage in the work arranged separately by the employing unit. If the employing unit gives notice to the worker himself in writing 30 days in advance or pays the worker 1 months' salary, he may terminate the labor contract.

The employer shall pay economic compensation to the laborer when he terminates the labor contract in accordance with the fortieth provision of this law.

Economic compensation is paid to laborers according to the number of years worked by the laborers in their units, and the standard of 1 months' wages paid every 1 years.

In this case, Xiao Mou did not carry out the labor capacity appraisal after his medical expiry. He did not return to his original job. He also refused to arrange the work separately. The company could terminate xiaomou's labor contract, but it should pay economic compensation.

Under the presiding mediation of the Arbitration Commission, the company paid xiaomou a labor contract to compensate 16250 yuan.