Some time ago, Mutual Aid Jun went to the Beijing No. 3 Intermediate People's Court to conclude a labor dispute case, which was deeply impressed.
The financial manager Wang needed to take leave to accompany his father for serious surgery with an intracranial tumor, and the company initially understood and approved Wang's annual leave and part of his personal leave application. However, when Wang applied for 5 days of personal leave again due to his father's complicated condition and the need for careful care after surgery, he was met with a cold reception from the company and was not approved.
He chose to stay in Dalian to continue to accompany his father, during which he assisted the company through online means. However, during this period, the company determined that Wang was absent from work on the grounds that he had not arrived at his post, and terminated the labor contract with Wang.
At that time, I was very angry when I saw this, and I couldn't help but think of a sister I interviewed before, she said that she received a notice of dismissal from the company during chemotherapy, and although she fought hard, she eventually lost her job.
And in the comment section of our previous article, there are also sisters who expressed their experiences:
There are even sisters who say bluntly: If you know that you are sick, no boss will use you.
01 If I have cancer, does the company have the right to fire me?
No!
According to Article 42, Paragraph 3 of the Labor Law of the People's Republic of China, an employer cannot terminate a labor contract in accordance with Articles 40 and 41 of this Law if the employee is sick or injured not due to work-related injuries within the prescribed medical treatment period.
Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees
The medical treatment period refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest. If an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and the number of years he has worked in the unit.
Notice on Implementing the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises
For some employees suffering from special diseases (such as cancer, mental illness, paralysis, etc.) that cannot be cured within 24 months, the medical treatment period can be appropriately extended with the approval of the enterprise and the local labor department.
So what if our physical condition can't adapt to the original job intensity?
In accordance with the law, we may require the company to transfer jobs. In addition, if the employer is unable to perform the original job after the expiration of the prescribed medical treatment period, and the employer is still incompetent for the job after the other work arrangement, the employer may terminate the labor contract and shall pay a sum of economic compensation.
In addition, for some sisters who are older and have enough years of work, we can also consider another way: retirement due to illness. For details, click "Breast Cancer Disability Certificate, Disease Retirement, Special Outpatient Clinic, Charity Drug Donation, Endocrine Drug Purchase Strategy is Coming"
As for the dismissal that is not legal and compliant, Mutual Aid Jun suggests that everyone can take up the weapon of the law to defend their rights. After all, for many cancer families, a job and social security are very important.
In the original case, Wang eventually took the company to court, and the case was recently closed.
The court found out through trial that Wang's reason for taking leave was true and he assisted in the office remotely during the escort period, and his leave behavior was not only to deal with family urgent affairs, but also to reflect the spirit of filial piety, which was in line with social public order and good customs. The company did not understand and tolerate this, and mechanically implemented the rules and regulations, which constituted an illegal termination of the labor contract.
In the end, the court ordered the company to pay Wang RMB 40,000 in compensation for illegally terminating the labor contract.
Seeing this, Mutual Aid Jun only has four words: Happy people's hearts!
Of course, not all cancer patients will encounter problems at work, and Mutual Aid Jun has also interviewed many heartwarming stories.
02 After returning to work, I felt the true love of the world
Do you still remember the teacher Qi Deming, who is about to enter 25 years of fighting cancer?
In the interview, she said: "The leaders of the unit have always been very concerned about me, at that time everyone used a pager, the leaders knew that I was not in a good state, so they often encouraged me on the pager, and my colleagues also needed me at work." After the treatment, I also slowly returned to work, because of my physical problems, the leader adjusted the work content for me. ”
For her story, please click "24 Years of Fighting Cancer, She Shares the Secret of Living with Breast Cancer"
Meng Yan, who works as a salesperson in a company, also encountered a lot of help after choosing to return to her post, she said, "I am very grateful to my colleagues, they all take good care of me, we sometimes have to do publicity, need to deliver goods and so on, they will try to help me." ”
"About half a year after the operation, I returned to work and was transferred from the original art teacher to the school's librarian, reading books, magazines, and newspapers every day. Influenced by the energetic children, I am no longer cranky, but full of energy. After working all day during the day and sleeping better at night, the insomnia and bad mood are slowly fading, and I love life again. In my spare time, I sang and danced with my school's music teacher and hardcore friends, and with my husband, the god of songs, the group of men and women sang and danced.
Everyone also often comforts me, gives me a lot of care and love, and is always happy over lonely with my friends, which is also very good for recovery. I am glad that I returned to society in time, felt the warmth of human affection, and was able to get through the recovery period safely. ”
Some sisters also said that they have not stopped working.
In the process of returning to work, many sisters also have to overcome some hurdles, especially in their hearts.
After suffering from breast cancer, Sister Zhou said: "Every day, I have to muster up the courage to face a different life, my family, friends, and colleagues are still the same, only I am different, and I have to readjust this 'sense of loss'." ”
Although colleagues and leaders took good care of him after returning to work, the hidden sense of loss remained.
When Meng Yan first returned to work, she was also asked by customers why she didn't continue to rest. "At that time, I still felt a little uncomfortable, I didn't want them to treat me as a patient, although breast cancer is also a serious disease, but now that the medical conditions are better, the cure rate is still quite high, and I choose to return to work because I want to return to normal life, and I don't want to be a patient again. "
03 Do you still want to work if you are financially free?
For breast cancer patients, returning to work has these benefits:
Reduce the financial pressure on the family
A survey of cancer patients' medical expenses and associated financial burdens found that the per capita cost of medical care for cancer patients was higher than their average annual household income. Although the cost of treatment varies depending on the type of cancer, the financial burden on families is extremely heavy, and some families will reduce their daily expenses to cover the cost of diagnosis and treatment.
Cancer patients can return to work and receive a certain amount of labor remuneration, which can increase family income and reduce the financial burden of the family.
Regulates mental state
Many patients often have negative emotions after learning that they have cancer, which will seriously affect the quality of life of patients. After participating in social work, patients can occasionally chat and gather with their work partners and friends, which can distract themselves and forget that they are a patient, so as to adjust their mentality. In addition, the recognition and encouragement of others can also increase the patient's confidence and give the patient more positive energy to fight cancer.
Improve quality of life
In 2018, the Beijing Cancer Rehabilitation Society collected 1,221 questionnaires about the quality of life of cancer patients, and found that the quality of life of laid-off cancer patients was lower than that of retired and working patients. The reason for this is that work enhances the sense of presence and value of cancer survivors, as well as their positive beliefs.
At the same time, both retirees and working people earn more than laid-off patients, which can ease the financial burden and improve the quality of life.
But at the same time, work has the potential to be more stressful.
Write at the end
Ensuring that more cancer patients have the right to choose to return to work requires not only the strength of individuals, but also the support and efforts of the government, workplaces, and medical staff. As the saying goes: "We need a rigid system, and we need the temperature of human affection." ”
Warm reminder: The purpose of this article is to convey disease knowledge, and it is not used as a recommendation for diagnosis and treatment plans and medical basis.
Cover image source: photo.com
Editor in charge: Mijian Mutual Aid Jun