Labor Contract Relationship After A Notice Or An Additional Month'S Wages.

The employer should give notice in writing 30 days in advance, or pay the workers one month's wages in excess.

One Worker If a patient is injured or is not injured by work, he or she can not engage in the original work after the medical treatment expires, and can also engage in work arranged separately by the employing unit.

The medical term refers to the period when the employees of the enterprise are injured or injured by illness or not, according to their actual participation in the working years, and the rest of the employer shall pay the sick leave. During this period, the employer shall not be relieved. Labor contract 。 The medical period here is not the medical period that workers need to heal. The provisions on medical treatment for sick or non injured workers in enterprises have detailed provisions.

Generally, according to my actual situation Participate in work The duration of medical treatment is 3 to 24 months. If the worker fails to engage in the original work and engage in work arranged separately by the employer after the expiration of the medical treatment, the employer shall notify the worker to terminate the labor contract in written form 30 days in advance. If the labor contract is terminating, the labor appraisal committee shall appraise the labor capacity according to the appraisal standard of the occupational injury and occupational disability procedure. Those who have been identified as grade one to four should withdraw from their work posts, dissolve labor relations, handle retirement procedures due to illness or non work related injuries, enjoy the corresponding retirement retirement treatment, and be identified as grade five to ten, and the unit can terminate the labor contract, and pay the medical subsidy and economic compensation to them according to the regulations.

2. workers are not competent for their jobs. After training or adjustment of jobs, they are still not competent.

Incompetence refers to the fact that workers can not fulfill the tasks stipulated in the labor contract or the workload of workers in the labor contract as required. If the workers are not qualified for the work stipulated in the labor contract after the probation period is expired, they should be trained or adjusted for their jobs with the unit. If the training in the past period is still not qualified for the original contract work or the rearrangement work is not enough, this means that the worker lacks the labor capacity to fulfill the labor contract. The employer can notify workers in written form 30 days in advance or pay an extra month's salary to terminate the labor contract. If the employer deliberately raises the quota of labor tasks, the worker can not complete it.

3. the objective situation on which the labor contract has been concluded has undergone major changes, resulting in the failure of the original labor contract to be fulfilled, and no agreement on changing the labor contract can be reached after consultation by the parties concerned.

A major change in the objective situation is the result of force majeure or the transfer, merger, separation, joint venture, transformation, restructuring, conversion and major technical transformation of the employer, resulting in the disappearance of the production jobs determined by the labor contract. When the employer unilaterally terminates the labor contract, it shall notify the trade union in advance. The trade union considers that the enterprise is in violation of the laws, regulations and relevant contracts, and requires that it should reconsider and deal with it. The unit shall study the opinions of the trade union and notify the trade union in writing of the result. In the event of the above situation, the employer may choose to terminate the labor contract in two ways: one is to notify the worker in writing in advance 30 days; the other is to pay the worker one month's extra wages. The factors that do not conform to the statutory notice period, the form of notification, the service of the notice, and the extra payment of wages are all important reasons for the occurrence of legal risks.