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Can cancer patients return social security?
The unit may terminate the contract if it cannot be dismissed within the prescribed medical treatment period, but after the prescribed medical treatment period, it is still unable to engage in the original work arrangement. The economic compensation for dismissal compensation given by the unit shall be paid for one month every year according to the working years in the unit, and shall be calculated as one year for more than half a year and half a year for less than half a year. Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid according to the number of years the laborer has worked in this unit and the standard of paying one month's salary every year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Legal objectivity:
People's Republic of China (PRC) Social Insurance Law Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance to protect citizens' right to get material help from the state and society in the event of old age, illness, industrial injury, unemployment and maternity. Article 14 of the Social Insurance Law of People's Republic of China (PRC) * * * Personal account shall not be withdrawn in advance, and the bookkeeping interest rate shall not be lower than the bank time deposit interest rate, and interest tax shall be exempted. If an individual dies, the balance of the individual account can be inherited. Article 16 of the Social Insurance Law of People's Republic of China (PRC) * * * Individuals who participate in the basic old-age insurance will receive the basic old-age pension on a monthly basis if they have paid for fifteen years at the statutory retirement age. Individuals who participate in the basic old-age insurance and pay less than fifteen years when they reach the statutory retirement age can pay for fifteen years and receive the basic pension on a monthly basis; Can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, enjoy the corresponding pension insurance benefits in accordance with the provisions of the State Council.
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