Whether the unit can unilaterally terminate the labor relationship during the period of employee work-related injury appraisal

The employer generally cannot unilaterally terminate the labor relationship during the period of employee work-related injury appraisal, unless the employee has made a major fault or both parties reach an agreement through negotiation. If the above situation does not exist and the unit terminates the contract, it will be an illegal termination and it will need to bear corresponding legal consequences. Regarding the question of whether an employer can unilaterally terminate the labor relationship during the period of employee work-related injury appraisal, the editor of Legal Savior Network will give you a detailed answer below.

1. Whether the unit can unilaterally terminate the labor relationship during the period of employee injury appraisal

1. The employer generally cannot unilaterally terminate the labor relationship during the employee's work-related injury appraisal period, unless the employee has made a major fault or both parties reach an agreement through negotiation. If the above situation does not exist and the unit terminates the contract, it will be an illegal termination and it will need to bear corresponding legal consequences.

2. Legal basis: "Labor Contract Law of the People's Republic of China"

Article 42: If an employee has any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

(1) Workers who are engaged in operations exposed to occupational disease hazards do not undergo pre-job occupational health examinations, or patients with suspected occupational diseases are during the period of diagnosis or medical observation ;

(2) Suffering from occupational diseases or work-related injuries in the unit and confirmed to have lost or partially lost the ability to work;

(3) Sick or injured not due to work, within the prescribed medical period;

(4) Female employees during pregnancy, childbirth, and lactation;

(6) Other circumstances stipulated in laws and administrative regulationsshape.

Article 45: When the labor contract expires and one of the circumstances specified in Article 42 of this Law occurs, the labor contract shall be terminated. It shall be extended until the corresponding situation disappears and terminated. However, the termination of the labor contract of an employee who has lost or partially lost the ability to work as stipulated in Paragraph 2 of Article 42 of this Law shall be governed by the state's regulations on work-related injury insurance.

2. The time limit for applying for work-related injury recognition is How long

1. Injured by an accident due to work reasons during working hours and in the workplace;

2. Injured by an accident while engaging in work-related preparatory or finishing work in the workplace before and after working hours;

3. Suffering from violence or other accidental injuries while performing work duties during working hours and in the workplace;

4. Suffering from occupational diseases;

5. Going out for work During the period, if you are injured due to work or have an accident and your whereabouts are unknown;

During the period of work-related injury determination, the unit cannot unilaterally terminate the contract , unless it is proposed by the employee himself, it can only be terminated after negotiation between the two parties. However, it is unfavorable for employees to terminate the labor contract during the period of work-related injury determination. After all, after the labor contract is terminated, the labor relationship and social security relationship between the two parties no longer exist. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation or go to legal rescue.Shizhu.com consults a professional lawyer.