1. There is no such word as "long-term labor contract" in law. Do you mean a long-term labor contract or an open-ended labor contract?
2. "Do you have the right to let me go home?" I understand that the company has the right to terminate the labor contract with you. I don't know if this is correct.
3. Is your illness a work-related injury or a non-work-related injury? Is it an occupational disease?
Let me explain:
1. According to the third paragraph of Article 42 of the Labor Contract Law, if an employee is sick or injured outside work, the unit shall not terminate the labor contract within the prescribed medical treatment period. If you are incompetent after the expiration of medical treatment, the unit may terminate the labor contract with you after giving you a written notice 30 days in advance or paying you an extra month's salary.
In addition, if you terminate the labor contract after the expiration of medical treatment, the unit still needs to pay you economic compensation (please refer to the Labor Contract Law for specific calculation).
2. According to Article 42 of the Labor Contract Law, the unit shall not terminate the labor contract on the grounds of illness under any of the following circumstances: Article 42 In any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:
(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;
Therefore, if you are injured in a work-related injury or occupational disease, the unit cannot terminate the labor contract with you.
Supplementary answer:
1。 There are many factors to determine whether it is a work-related injury, such as whether to work overtime, whether it is a special type of work, and whether it is caused by the work content (such as lumbar disc herniation caused by frequent bending). Generally speaking, getting sick during normal working hours is not recognized. I have two cases below, for your reference, and then compare them according to your own situation. In addition, you'd better consult the local industrial injury appraisal department.
Case 1:/new/63/74/1996/7/ad979545501117699123779.
Case 2: /news/fazhi/wbdfbs_gao.asp? pkey= 10
2。 Enterprises can adjust employees' positions according to work needs. If you are not qualified for this position, the enterprise has the right to make adjustments. I think it's rare that the enterprise doesn't terminate the labor contract with you after the medical treatment period (even if there is no fixed-term contract, it can be terminated according to law).
3。 Since you are still in a labor relationship, the monthly salary paid by the enterprise cannot be lower than the minimum wage, and we will continue to pay social security for you.