Can Employees Claim Compensation For Breach Of Duty Due To Illness?

My company invested 100 thousand yuan, sent me to the field for special training, and signed a 5 year service contract with me. Who knows, after the contract has been performed for more than a year, I suddenly suffer from a disease that is difficult to cure. The hospital has advised me to stop working and go for three months' hospitalization. But the company is based on my inability to work and the prospect is immeasurable. I can not wait to propose to terminate the labor contract with me on the grounds that I can not go to work on time, and in accordance with the 5 years. Period of service In accordance with the proportion of the time that has been fulfilled, according to the training fee of 100 thousand yuan, the penalty for the outstanding period shall be borne.

" Labor Contract Law "The twenty-second article provides that" employers can provide special training fees for workers, and if they engage in professional and technical training, they may conclude an agreement with the worker and stipulate the service period. If a worker violates the stipulations of the service period, he shall pay liquidated damages to the employer in accordance with the contract. The amount of penalty shall not exceed the training fee provided by the employer. The liquidated damages paid by the employer to the laborer shall not exceed the training expenses that should be apportioned in the part of the service period that has not yet been fulfilled. " That is, the premise for the employer to ask for liquidated damages is limited to "the worker violates the service period agreement".

Labor contract breach refers to the action that one party of a labor contract violates the labor contract intentionally or negligently, resulting in the failure or fulfilling of the labor contract. And your actions do not have commitments. Liability for breach of contract The important elements:

On the one hand, you can not go to work because of illness, and you do not want to be affected by illness, or to have a disease. It should be foreseen because of carelessness and unforeseen or foreseeable but credulous avoidable situation, that is, there is no meaning or fault.

On the other hand, there are third articles and sixth stipulates in the regulations on medical treatment for sick or non working injured workers in Enterprises: "when the workers are required to stop medical treatment due to illness or non work injury, they are given three months to twenty-four months of medical treatment according to their actual working years and their working years in the unit: (1) the actual working life is ten years or less, the working life of the company is five years or less for three months, and five years are six months."

"The employees of an enterprise shall not be engaged in any medical treatment because they are disabled due to work-related diseases and are hard to treat by doctors or medical institutions. If the medical treatment is terminated during the medical treatment period, they can neither engage in the original work nor engage in work arranged separately by the employing units. The labor appraisal committee shall, according to the appraisal standard for the degree of disability caused by work-related injuries and occupational diseases, conduct the identification of the labor capacity. Being identified as one to four grades, they should withdraw from their work posts, terminate their labor relations, handle retirement and retirement procedures, enjoy retirement and retirement treatment, and be identified as grade five to ten.

In view of the fact that you have worked in the company for more than a year, you are entitled to a statutory period of three months. The company shall not regard this period as a failure to fulfill the labor contract. Even if you can not continue to work in the future, the company must go through the statutory procedures to relieve the labor contract, and can not fulfill part of the appropriate requirements for compensation in the light of the actual situation.