First, employees' medical security rights.
First of all, TB practitioners, as laborers, enjoy legal medical security rights. The new labor law emphasizes the protection of workers' health, especially during illness, and workers should get adequate medical treatment and rest. Therefore, employers should actively cooperate with employees to receive medical treatment after being diagnosed with tuberculosis, and provide them with necessary vacations and welfare benefits.
Second, reasonable placement and adjustment of jobs.
During the employee's illness, the employer shall reasonably arrange and adjust the post according to the actual situation. For infectious diseases such as tuberculosis, employers should ensure that employees' working environment is safe and hygienic to avoid the spread of diseases. At the same time, the employer can adjust the work content or post of the laborer according to the physical condition of the laborer and the doctor's advice, so as to reduce the workload of the laborer and ensure the health of the laborer.
Three. Conditions and procedures for dismissing employees
Employers who need to dismiss employees with tuberculosis due to serious illness or other reasons must abide by the conditions and procedures stipulated in the new Labor Law. First of all, the employer should communicate with employees in advance, understand their illness and treatment, and provide necessary help and support to employees as much as possible. Secondly, the dismissal of employees must meet the statutory conditions. If employees are incompetent, they are still incompetent after training or post adjustment. Finally, the employer should dismiss according to legal procedures, including written notice, listening to employees' opinions and paying economic compensation.
Fourth, protect the legitimate rights and interests of employees.
Employers should always protect the legitimate rights and interests of employees in the process of dismissing tuberculosis employees. This includes the rights and interests of employees in terms of wages, welfare and social insurance. The employing unit shall ensure that employees can get due economic compensation and resettlement after dismissal, so as to avoid excessive economic and psychological pressure on employees due to dismissal.
To sum up:
The new labor law has clear provisions and guarantees for dismissing employees suffering from tuberculosis. When dismissing employees, employers must abide by relevant laws and regulations to ensure that the legitimate rights and interests of employees are not infringed. At the same time, employers should pay attention to employees' health and medical security rights and provide them with necessary support and help. In the process of dismissal, the employer shall reasonably arrange and adjust the employees' jobs to ensure that the legitimate rights and interests of employees are protected.
Legal basis:
Labor law of the people's Republic of China
Article 26 provides that:
Under any of the following circumstances, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance:
The laborer is sick or injured at work, and after the medical treatment expires, he can't engage in his original job or other jobs arranged by the employer;