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编辑同志:我在大学毕业后于2003年12月1日被一家单位录用,双方签定了为期5年的劳动合同,合同约定试用期为5个月。今年2月8日我因病住院,经过一个月的治疗仍未痊愈出院。单位在我住院期间已停发我的全部工资,后又以在试用期内不能正常上班,不符合录用条件为由,于3月22日口头通知我解除劳动合同。我不服该决定并多次找单位协商,但一直没有结果。请问:该单位的做法是否符合法律规定?我该如何维护自己的合法权益?读者苏守丰苏守丰同志:该单位的一系列做法都是违法的。首先,该单位单方解除劳动合同是违法的。我国《劳动法》第29条规定,劳动者患病或者负伤,在规定的医疗期内的,用人单位不得解除劳动合同。因此,该单位解除劳动合同是否合法,关
Editorial Comrades: After I graduated from university, I was hired by a unit on December 1, 2003 and both sides signed a five-year labor contract. The contract stipulates a probationary period of five months. February 8 this year, I was hospitalized for illness, after a month of treatment has not been cured and discharged. The unit stopped all my wages while I was in hospital and later notified me to terminate the labor contract verbally on March 22 on the grounds that I could not work normally during the probationary period and did not meet the conditions of my employment. I did not accept the decision and repeatedly sought unit consultation, but it has been fruitless. Excuse me: Is the unit's approach in line with the law? How can I defend my legal rights? Reader Su Shoufeng Su Shoufeng Comrade: The unit's series of practices are illegal. First of all, it is illegal for the unit to terminate the labor contract unilaterally. Article 29 of China's “Labor Law” stipulates that if an employee is sick or wounded during the prescribed medical period, the employer may not terminate the labor contract. Therefore, the unit to lift the labor contract is legal, customs