" Female Cancer Teachers In Lanzhou Were Expelled From ".
Recently, there was a heartache news on the Internet: Liu Lingli, a 32 year old college English teacher, died in Gansu Provincial People's hospital because of cancer and heart disease.
To make Liu Luli add insult to injury, she was expelled from LanZhou JiaoTong University's Bowen college after her cancer and lost her medical insurance reimbursement.
In August 31st, WeChat released WeChat's "how to effectively safeguard the rights of employees, and the authoritative answer is here!" in particular, he invited Zhou Bin, editor in chief of Shanghai's senior labor law and editor in chief of the Journal of human resources and social security, to make a comprehensive analysis.
Question 1: is it illegal for the school to lift Liu Lingli's labor contract? After the illness, how long can the unit fail to terminate the labor contract?
Answer: the school's dissolution of Liu Lingli's labor contract is entirely
Illegal
.
Every employee enjoys a medical period. The company must approve its sick leave during the medical treatment period of the employee. After the medical treatment period, the labor contract can be terminate.
If the medical term is not yet full, but the contract is expired, the contract period should be extended to the end of the medical treatment period.
In addition, it is necessary to pay economic compensation for such termination or termination.
Question 2: if the Bowen College of Lanzhou Jiaotong University did not expel Liu Lingli at that time, how much sick leave could she get every month?
Answer: the company must pay sick leave to sick workers.
According to the standard of pay for sick leave in Shanghai, within 6 months of sick leave, 60% consecutive years of service are less than 2 years old. According to their salary 60%, they are paid according to 70% if they are less than 4 years after 2 years.
If the sick leave exceeds 6 months, the disease relief fee will be issued. The standard is "40% years of service with a continuous age of less than 1 years. According to the salary of 40%, if it is 1 years or less, it will be paid by 50%, and 60% or more than 3 years."
In addition, the minimum wage for sick leave is no less than 80% of the minimum wage in all parts of the country.
Employee disease
If the treatment is not higher than the average monthly salary of the city in the previous year, it may be issued according to the monthly average wage of the city in the previous year.
Question 3: what changes in the treatment of medical insurance after the expulsion of female cancer teachers? In addition, if a serious illness is broken, can the patient be helpless?
Answer: there are two kinds of labor contracts: one is legal rescission and the other is illegal rescission.
If it is illegal to terminate and rescinded medical insurance, it should be compensated by the employer. If it is legally discharged, the laborers will pay medical insurance through the new employer if they come to the new employer. If they are engaged in free employment, they can pay medical insurance according to flexible employment. If they are unemployed, they can enjoy medical insurance according to the standards of the unemployed.
Question 4: as a worker, what legal rights do we enjoy when we are sick? How should we protect our rights and interests when we are violated by the unit?
Answer: workers are entitled to medical treatment and sick leave when they are sick.
The medical treatment period is a legal concept. It means that the worker is sick or is not injured by work, and he has to stop working for treatment and rest.
The duration of medical treatment for terminally ill workers can be extended to 24 months.
The minimum medical period is three months, and the first year is three months.
Medical treatment period
No more than 24 months.
When workers ask for sick leave, they should pay attention to keeping evidence of taking leave in accordance with the provisions of the unit.
The simplest way to save the evidence of leave is to send a E-mail to the unit for temporary notification, and then return to the unit to ask for leave.
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