You can't fire an employee under these circumstances, you better know, be careful by the rules
As the company's human resources department, we often deal with people. Not only do we need to recruit talents suitable for the company's development, but also when dismissing employees, be careful not to violate labor laws, otherwise it will bring unnecessary trouble to the company. , Everyone must know these common sense, otherwise, it may be ruled.
【1】During work sickness
If an employee falls ill during work and is temporarily unable to work due to physical reasons, the company cannot dismiss the employee at this time, otherwise it will violate the labor law. The company can discuss with the employee and transfer him to a suitable position according to the situation after the employee's recovery. This does not cool the hearts of employees, but also warms the hearts of other employees.
【2】Injured at work, during convalescence
If an employee is injured at work, the company cannot dismiss the employee during the treatment period. The labor law expressly stipulates that if an employee is dismissed during the course of treatment due to an injury on the job, a serious violation of the labor law, the employee has the right to sue the company and receive the compensation he deserves.
[3] Workers who are engaged in occupational-disease-hazardous operations do not have their health checked before leaving the job.
Workers who are engaged in dangerous work in the company cannot be dismissed by the company if they leave the company without a physical examination. If the company wants to dismiss the employee, it must be done after the employee is checked for physical condition.
【4】Female workers during pregnancy, childbirth and lactation
The labor law expressly stipulates that the company cannot dismiss female employees during pregnancy, childbirth, and breastfeeding. Some small companies don't pay attention to this aspect. When a female employee becomes pregnant, they think that the female employee can't do the job, which is a hindrance to the company, and will arbitrarily dismiss the female employee. If a female employee has a better understanding of labor laws and goes to sue the company, the company will definitely compensate the employee.
[5] Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age.
If there are employees in the company who have worked continuously for 15 years and are less than five years away from the statutory retirement age, the company cannot dismiss them. If the employee's ability is not good, his salary can be reduced, and his dismissal is a violation of labor laws.
Labor law is a high-voltage line for operating a company, giving the company certain constraints. If you want to run a company well and avoid unnecessary troubles, you must study labor law seriously, master the content of labor law, and avoid labor risks at work.
