First of all, employees enjoy the legal medical treatment period during their illness, which is to protect their health and legitimate rights and interests. During the medical treatment period, the company cannot dismiss employees at will, unless employees have serious violations of company regulations or laws and regulations. If the company illegally dismisses employees, the employees have the right to ask the company to pay compensation.
Secondly, the calculation method and standard of compensation need to be determined according to specific laws, regulations and company policies. Generally speaking, compensation includes economic compensation, compensation for unused annual leave and payment of social security accumulation fund. The calculation of economic compensation is usually based on employees' wages, working years and other factors, and the specific amount will vary according to different regions and policies. In addition, employees can also ask the company to pay compensation for the illegal termination of the labor contract.
At the same time, after being dismissed, employees can also safeguard their legitimate rights and interests through labor dispute mediation, arbitration or litigation. These ways can help employees get fair compensation and solutions.
To sum up:
Employees were dismissed during their illness. If the company violates the law, employees have the right to ask the company to pay corresponding compensation. The calculation method and standard of remuneration shall be determined according to laws, regulations and company policies. Employees can safeguard their rights and interests through labor dispute mediation, arbitration or litigation. In order to avoid similar problems, the company should strengthen the awareness of protecting employees' rights and interests, and formulate reasonable policies and measures to ensure that employees' legitimate rights and interests 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:
(1) The employee suffers from illness or non-work-related injury, and after the medical treatment expires, he can't engage in the original job or other jobs arranged by the employer;
……
People's Republic of China (PRC) labor contract law
Article 40 provides that:
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;
……
People's Republic of China (PRC) labor contract law
Article 87 provides that:
If the employing unit dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.