China has not clearly listed the diseases that cannot terminate the labor contract.
However, under the following circumstances, the employer may not terminate the labor contract in accordance with the provisions of the Labor Contract Law:
1. The workers engaged in the operations exposed to occupational disease hazards have not undergone the pre departure occupational health examination, or the suspected occupational disease patients are under diagnosis or medical observation;
2. Those who suffer from occupational diseases or work-related injuries in their own units and are confirmed to have lost or partially lost their ability to work;
3. Illness or non work related injury within the prescribed medical treatment period;
4. A female worker is in the period of pregnancy, childbirth or lactation;
5. Having worked continuously in the unit for 15 years or more, and less than five years from the statutory retirement age;
6. Other circumstances stipulated by laws and administrative regulations.
To sum up, the law does not stipulate which diseases cannot terminate the labor contract, but there is a difference between legal termination or illegal termination. If the unit cancels the labor contract with the worker according to the provisions of the law, it does not need to pay corresponding compensation; If it is an illegal dismissal, the labor contract can be terminated only after corresponding compensation is paid.
Legal basis
Article 42 of the Labor Contract Law of the People's Republic of China, the Employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the worker has any of the following circumstances: (1) The worker engaged in the operation exposed to occupational disease hazards has not undergone the pre departure occupational health examination, or the suspected occupational disease patient is in the period of diagnosis or medical observation; （2） Those who suffer from occupational diseases or work-related injuries in their own units and are confirmed to have lost or partially lost their ability to work; （3） Illness or non work related injury within the prescribed medical treatment period; （4） A female worker is in the period of pregnancy, childbirth or lactation; （5） Having worked continuously in the unit for 15 years or more, and less than five years from the statutory retirement age; （6） Other circumstances stipulated by laws and administrative regulations.
