Traditional Culture Encyclopedia - Hotel accommodation - Can a hotel fire employees if they have chickenpox?

Can a hotel fire employees if they have chickenpox?

Employees cannot be fired at will. The unit can only fire employees on the grounds that they are not qualified for the job. However, the unit needs to pay employees financial compensation, which is based on one month's salary for each year of service.

According to the "Labor Contract Law"

Article 40 If any of the following circumstances occurs, the employer shall notify the employee in writing 30 days in advance or pay the employee an additional After receiving monthly wages, the labor contract can be terminated:

(1) The employee is sick or injured not due to work, and cannot engage in the original job after the prescribed medical period expires, nor can he engage in other work arranged by the employer work;

(2) The worker is not qualified for the job and is still not qualified for the job after training or adjusting his job position;

(3) The objective basis on which the labor contract is concluded The situation has changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the contents of the labor contract after negotiation.

Article 47 Economic compensation shall be paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.