Is There Any Compensation For Sick Workers Being Relieved?
Her daughter worked in a private enterprise for 5 years. She worked well in the first half of the year, but she was ill in the first half of the year.
At first, the unit let her daughter walk away, saying that it could also give a compensation.
Later, he refused to comply, and the unit said that he could not work for a long time, and the unit could terminate the contract without compensation.
Because my daughter can not go to work, unable to perform the contract, the responsibility is not in the unit.
What is the legal requirement in this respect? In case the unit does not have a daughter, is there really no economic compensation?
It is wrong to say that the unit is wrong. You must clarify the node problem and avoid being misled.
Here, I would like to give you a brief introduction based on the law.
First, units must not be forced.
Fall ill
Staff resigns.
Workers who are sick during the contract period can enjoy medical treatment. If they are not sick, they must leave. Even if the contract expires, they must be postponed to the end of the medical period.
"
Labor Contract Law
"Article forty-fifth provides that when a labor contract expires, and one of the circumstances stipulated in the forty-second provision of this law, the labor contract shall be postponed until the corresponding circumstances disappear.
The so-called forty-two provisions of the situation, including workers sick or non work injury, in the prescribed period of medical treatment, the employer shall not in accordance with the provisions of the fortieth and forty-first provisions of this law to terminate the labor contract.
The medical treatment period is set according to the working life of the employee in the employer.
The workers are working in the unit for first years and the medical period is 3 months; the future work is 1 years per full, and the medical period is increased by 1 months, but not more than 24 months.
If the worker is identified by the labor capability appraisal committee as a completely disabled labor force but does not meet the requirements for retirement or retirement, the medical period should be extended.
The extended medical period is specified by the employer and the worker, but the agreement of the extended medical period and the medical period stipulated in the preceding Article shall not be less than 24 months.
You can see for yourself whether you have exceeded it or not.
Second, during the contract period, illness can not go to work, and it can not be immediately relieved.
Law
It is stipulated 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 work arranged separately by the employing unit before they can terminate the contract.
Third, because the disease is lifted, the unit must pay the compensation.
Article fortieth of the labor contract law stipulates that if a worker is ill or not injured by work, he or she can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employing unit. If the employer gives notice to the worker himself in writing thirty days in advance, or the employee pays the employee one month's wages, he may terminate the labor contract.
However, the unit shall pay the economic compensation according to the forty-seven provision of the labor contract law.
That is to say, according to the working life of this unit, pay the laborers one month's salary according to the standard of one month.
For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.
In addition to providing economic compensation in accordance with the regulations, according to the forty-fourth provision of the Shanghai labor contract Ordinance, the unit shall also grant a medical subsidy not less than six months' wages of the laborer.
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