Can The Company Force The Staff To Go To The Designated Hospital For Reexamination?

In practice, in order to strictly manage the sick leave of employees, some enterprises have drawn up a designated medical institution or a medical worker's disease re inspection system, requiring workers to conduct re examination of diseases after submitting sick leave to a designated medical institution.

however Workers Sick leave, as long as the formalities are complete, there is no reason for the company to ask for a review. Of course, the company can start from the point of view of caring for employees, suggesting that employees should choose a third class hospital for reexamination, and provide vehicles and special personnel to accompany them, and reimburse the necessary medical expenses, so that employees may be able to accept. But it is necessary to specify the review and reject the rejected employees. Absenteeism It is risky to deal with or even terminate the labor contract. Generally speaking, enterprises may be investigated first if they have doubts about their condition. Obtain evidence Hasty order does not respect the performance of employees and medical institutions, nor does it have any legal basis.

[related cases] in 2004, Miss Li joined an international freight company as an operator.

In June 2010, the company signed an unfixed term labor contract with Miss Li, which agreed that the job and remuneration would remain unchanged, and the working place would be changed to the vicinity of Pudong airport. After that, Miss Li continued to ask for sick leave. The causes were tonsillitis, sprain of the waist, ear pain, soft tissue contusion of the waist and sleep disorders. In late July, the company sent administrative personnel to accompany Miss Li to the designated hospital for reexamination to confirm the truth of the illness. Miss Li disagreed. In August 10th, the company sent a letter to Miss Li, confirming that it had absenteeism for 13 days from July 23rd to August 10th, and decided to terminate the labor contract from August 11th. In September 7th, Miss Li applied for arbitration to the Changning District labor dispute arbitration commission. In December 1st, the Arbitration Commission ruled that the company should pay Miss Li 43 thousand and 200 yuan for compensation and 1112 yuan for sick leave. The company refused to accept the case and filed a lawsuit against the Changning District court in January 2011. A court of first instance of the court of Changning District dismissed the claim that the freight company had not paid the compensation for breaking the labor contract illegally.

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Employers should distinguish between employees who have committed sick leave in violation of regulations.

First of all, if the employee fails to fulfill certain procedural requirements in the leave procedure (such as delaying the filing of sick leave, failing to fill in the application form for sick leave, not submitting the attached materials, etc.), because the employee's right to health is more important, the employer can not deprive the employee of the substantive rights of sick leave, so it is unreasonable to dismiss sick leave. However, the employing units may formulate corresponding rules and regulations in accordance with the law, and make clear the violation of the procedures for taking leave, and give appropriate treatment.

Secondly, if the employee fails to fulfill the substantive requirements in the leave of absence procedure (if the sick leave is not submitted), because these are the basis for determining the sick leave, the employer may not recognize the sick leave. However, the employer should promptly urge the staff to fill in the sick leave formalities, and the employees can not be treated for absenteeism without proper reasons.

Third, absenteeism has reached a certain number of days. The unit can be judged to be a serious violation of discipline according to rules and regulations. If a serious violation of discipline is constituted, the unit may terminate the labor relationship.

Fourth, it is not only absenteeism, but also serious violation of honest behavior, which is a serious violation of the law.