The Period When A Unit Is Not Allowed To Terminate The Labor Contract

The revised "Regulations on the standard of medical treatment for workers in the city during the period of performing labor contracts or for non work related injuries" are promulgated.

According to the regulations, the employer may not terminate the labor contract during the medical treatment period.

It is understood that the medical term refers to a worker who is sick or not injured because of work injury to stop working for treatment and rest.

However, when a worker accumulates his sick leave time beyond the medical period enjoyed according to the regulations, the employer may terminate it in accordance with the law.

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In order to guarantee the labor contract aspect

The smooth implementation of the regulations and the effective protection of the legitimate rights and interests of workers are stipulated in the standard of medical treatment for workers who are sick or not injured by labor during the labor contract.

After first years' work in the unit, the medical treatment period is 3 months. After every 1 years' work, the medical treatment period will increase by 1 months, but not more than 24 months.

A worker who has been identified by the labor capability appraisal committee as a completely disabled worker but does not meet the conditions for retirement or retirement shall extend the medical period.

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.

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In January of this year, Xu and a trading company in Ji'nan terminated the labor contract.

In handling related procedures, Xu submitted to the company that he had not paid a paid annual leave last year, and asked the company to pay an extra wage of 3400 yuan for paid annual leave, which was refused by the company.

The company said that Xu himself had never offered an annual leave application last year and voluntarily abandoned his right to annual leave.

Xu refused to accept it and submitted an arbitration application to the local labor and personnel dispute arbitration commission, which required the company to pay 3400 yuan for the annual leave pay in accordance with 300% of the daily wage income last year.

According to the trial of the Arbitration Commission, the fifth paragraph and first paragraph of the regulations on paid annual leave for employees stipulate: "the unit shall arrange the annual leave for employees according to the specific circumstances of production and work, and considering the wishes of employees."

The sabbatical leave is arranged by the employer voluntarily, and it is the mandatory legal obligation of the employing unit.

Even if the employee did not apply for a leave of absence, the employer should take the initiative to arrange it, rather than consider it a voluntary abandonment.

The tenth paragraph and second paragraph of the implementation method of paid annual leave for enterprise staff stipulates: "the employer shall arrange the annual leave for the employees, but the employees may, on account of their own reasons and submit in writing the endless vacation, the employer can only pay their normal wages during their work."

Therefore, the unit must exempt from paying extra wages for the workers' annual leave. It is necessary to prove that the unit has made arrangements for the annual leave of the employees, and the employees' annual leave is the cause of the employees themselves.

The fifth section of the regulations on paid annual leave for workers also stipulates that the number of days off should be paid by 300% of the workers' daily wages.

Finally, the Arbitration Commission supported Xu's proposition.