Hotel employees suffer from hepatitis B during the probation period. Can the hotel cancel the labor contract with them?

Legal analysis: The hotel industry is a special service industry, and the employment conditions formulated by the hotel include the provisions that hepatitis B patients are not allowed to be employed, which is in line with the provisions of the Labor Law and other relevant laws and regulations, so the labor contract of hepatitis B employees in the hotel. In addition, if a worker falls ill during the probation period, he shall enjoy a three-month medical treatment period according to law. Within the prescribed three-month medical treatment period, the employer shall not terminate the labor contract according to the regulations.

Legal basis: People's Republic of China (PRC) Labor Contract Law.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus through consultation, honesty and credibility. The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employing unit and the employee may terminate the labor contract through consultation.