Answer: Your employers now cannot terminate the employment contract on the ground of contract expiration. Article 42 of the Employment Contract Law stipulates that employers must not terminate employment contract if an employee is ill or suffer from non-work-injury and is in their prescribed medical care leave.
Different from employee reaching the retirement age, when an employment contract of the fixed-term employee expires before the medical care leave does, the employee still has the right to continue to apply for and enjoy the medical care leave according to a medical certificate from a medical institution, and the employer must extend the employment contract until the medical care leave expires (even if the employee has not recovered). Only then can the employment relationship be terminated on the ground of expiration of the employment contract. Please see I am an employee. How many days of paid sick leave am I entitled to? What should I do if an employee of my company has not recovered after the expiration of the medical care leave?
If an employee suffers from a refractory disease and may affect their ability to work, the employer, before making decision on the employment relationship, should obtain a labor capacity appraisal decision from the labor appraisal committee referencing the appraisal standards of disability degree for work-related injury or occupational disease.
For employees who are identified as class 1 to 4 of disability, the employer shall stand them down from their positions, terminate their employment relationships, proceed medical retirement due to illness or non-work-related injuries. The employees shall receive the corresponding retirement entitlements; for employees who are identified as class 5 to 10 of disability, the employer may terminate the employment contract and pay economic compensation (one month’s wage for one year’s length of service, plus 30 days’notice in advance or a payment in lieu of notice ) and medical subsidies (see “Under what circumstances should our company pay medical treatment allowance to our employees?”). For the calculation method for the economic compensation by employer, please see how to calculate economic compensation?
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Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
Email: wangdong@royalaw.com