Can the unit terminate the labor relationship if the employee is sentenced after a work-related injury?
Case: Employee Li was injured at work, and was treated in the hospital and made a labor ability appraisal, which was grade eight. During the paid work-related injury stoppage, Li and others stole more than 20,000 yuan from department stores. After the court's decision, Li/Kloc-0 was sentenced to 6 months' imprisonment. When Li's company saw that Li was sentenced to fixed-term imprisonment, it terminated the labor contract with him. As a result, Li disagreed and said that I was injured at work. How can you terminate my contract? Then, can the enterprise terminate the labor relationship with Li? Lawyer John Yang: According to the Labor Contract Law, no matter whether an employee is injured at work, a female employee is in pregnancy, childbirth or lactation, or the employee's medical treatment period is not full, an enterprise cannot unilaterally terminate the contract without fault. However, if the laborer has serious violation of discipline, is investigated for criminal responsibility according to law, or engages in malpractices for personal gain, which causes great damage to the employer, and so on, the conditions for improper termination of the contract are established, the enterprise can still unilaterally terminate the contract. (The above only represents the lawyer's personal views) Jiangsu Fade Eternal Law Firm