1. On-the-job employees are hospitalized for mental illness: employees who are sick should enjoy medical treatment. If it exceeds the medical treatment period, it will be dealt with separately;
2. The medical treatment period is: 1. If the actual working experience is less than 10 year, and if the working experience in this unit is less than 5 years, it is 3 months; More than 5 years is 6 months. 2. If the actual working experience is more than 10 year, and the working experience in this unit is less than 5 years, it is 6 months; More than 5 years/kloc-0 and less than 9 months; More than 10 years and less than 15 years is 12 months; 15 years and less than 20 years is 18 months; 24 months of more than 20 years;
3. During medical treatment; The unit shall pay sick pay, and the amount of sick pay shall be paid in accordance with the labor contract or collective contract, but not less than 80% of the minimum wage in this Municipality;
4. If the employee can't be cured or can't engage in the original work after the statutory sick leave, the employer and the company can negotiate to change the post and labor contract. If the employer fails to reach an agreement on changing the labor contract, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance.
The process of dismissing employees is as follows:
1. The decision maker shall submit an application for dissolution;
2, the personnel department to fill in the "terminate the labor contract approval form", and submitted to the competent examination and approval;
3. Notify departments and employees to handle the handover of work and return tools and equipment;
4, the relevant departments and employees for wages and benefits settlement and other outstanding matters, etc. ;
5. The employee shall sign the financial procedures for salary settlement and payment of economic compensation.
To sum up, if an employee can't recover or engage in the original job after the statutory sick leave, the employer may dismiss the employee after giving a written notice 30 days in advance or paying the employee an extra month's salary. The employing unit shall pay the economic compensation for non-negligent dismissal, and the economic compensation shall be paid to the laborer according to the standard of paying one month's salary for every year of working in the unit.
Legal basis:
Article 40 of People's Republic of China (PRC) Labor Contract Law
Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.