In case of depression, if after the treatment, the employee can not engage in the original work or other work arranged by the company, the company has the right to dismiss the employee. However, the company must notify the employee in writing 30 days in advance or pay the employee one month's salary additionally.
Legal basis
Under any of the following circumstances in Article 40 of the Labor Contract Law, the employer may terminate the labor contract 30 days in advance after notifying the worker himself in writing or paying the worker an additional month's wages: (1) The worker is sick or injured not at work and cannot engage in the original work after the prescribed medical treatment period expires, Nor can they engage in other jobs arranged by the employing unit; (2) The laborer is incompetent for his work and still is incompetent after training or job adjustment; (3) The objective conditions on which the labor contract is based at the time of conclusion have changed significantly, which makes the labor contract unable to be performed, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation.