Ask For Leave. Do Not Be "Capricious". Be Careful And Risk.

At present, the women workers who are required to have their own age due to their age or special physique are treated by the unit's own sick leave. That is to say, if the female workers ask for a "sick leave", they must submit the certificate to the hospital according to the provisions of the unit, and the length of the leave time and the calculation of the wages shall comply with the relevant management regulations of the unit.

Li is a workshop operator in a provincial capital enterprise.

In mid March 2016, because of the contradiction with the workshop director in his work, he left his post without permission, and he never returned to the workshop to work.

A week after Lee left, the company asked him to return to work, otherwise he would deal with absenteeism.

Lee said he had gout, and the doctor advised him to rest for half a month.

Later, he sent a picture of the certificate of diagnosis to the head of the personnel department.

This time, the company agreed to his leave request.

In early April 2016, Lee ended his vacation. But on the day he should go to work, he sent second photos of his certificate of diagnosis by mobile phone, asking for a rest for a month. The reason for his leave is still gout.

At this point, the company questioned Li's certificate of leave, and issued a written notice requiring Li to comply with the rules and regulations of the enterprise, perform written leave procedures, and submit relevant vouchers issued by medical institutions.

Lee did not comply with the requirements of the company, and did not go back to work.

A week later, the company issued a written notice, with Lee for no reason to stay away from work, unilaterally relieved.

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Seeing that he had lost his job, Li refused to accept it and applied for arbitration to the labor arbitration committee, requesting the enterprise to pay compensation for breaking the labor contract illegally.

He believed that he had sent a certificate of diagnosis to the enterprise through mobile phones, and asked for a rest at home.

This shows that the unit is aware of the fact that the body is not well and that the way of taking leave is also recognized.

At the beginning of April 2016, he submitted the picture of the certificate of diagnosis again in the same way, and according to the doctor's advice, he should take a month off.

The unit unilaterally terminates the labor contract on the grounds of absenteeism during its sick leave.

Employers believe that Lee had refused to provide labor without justified reasons since mid March, and has already made unfounded absenteeism.

Considering that Li is an old employee of the unit, the unit acquiesced in the first certificate submitted by him. However, this department's humanistic solicitude for the staff does not indicate the diagnostic conclusion contained in the certificate of business approval.

In addition, the enterprise has formulated a legal and effective rules and regulations to provide detailed instructions for employees to ask for sick leave. The staff must submit corresponding medical certificate, medical record and sick leave application, fulfill the corresponding leave leave procedures, and leave the company after the approval of the company leader.

However, Li refused to submit relevant materials to the company and failed to fulfill any request for leave. Therefore, the company did not recognize the photos submitted for the third time.

The company has the right to terminate the labor contract in accordance with the rules and regulations without any compensation.

In order to find out the facts of the case, investigators conducted investigation and evidence collection to the medical institutions that issued the certificate.

The doctor who interviewed the doctor told the investigators that Li came to the Department for medical treatment. After preliminary diagnosis, he actually had gout, but the doctor's advice was not written by the doctor himself.

In the court hearing, Li did not make a reasonable explanation for the doctor's advice of "one month's rest" in the certificate. The arbitral tribunal ruled that the employer could lift the labor contract with Li according to the rules and regulations, and did not have to pay financial compensation or compensation.

Chen Xin, a lawyer of the Beijing branch of Xinli law firm, believes that if a worker needs to rest or leave for sick or non official injuries, a formal certificate of diagnosis or certificate of sick leave should be issued by a medical hospital. The doctor will determine the length of sick leave according to the condition of the worker according to the condition of the worker who has the practice qualification. Beijing lawyer has a certificate of illness.

After the worker has submitted his sick leave certificate, the employer shall fully protect the worker's right to leave sick leave.

However, we should point out that the workers and staff members should abide by the principle of honesty and credit stipulated in the third clause of the labor contract law while enjoying the labor protection provided by law.

If workers need to take sick leave, they should submit material such as a true, lawful and effective certificate of diagnosis and sick leave according to the rules and regulations of the company. If the certificate of diagnosis or sick leave is false or forged, the sick leave may be deemed to be absenteeism during the period of "sick leave", and then the unit will be relieved of the labor relationship on the grounds of absenteeism, and no compensation or compensation will be obtained.

Chen Xin said that in practice, there are indeed some cases of false testimony issued by doctors on the basis of human feelings. Employers' certificates for sick leave of employees should have the right to review.

In the rules and regulations, the employer can make a stipulation on the review of the condition. He can ask the staff to submit the original materials such as medical records, sick leave certificates, medical expenses bills and so on, so as to make a formal examination of the authenticity of the sick leave.

When the employer has reasonable suspicions on the patient's condition, he can go to the medical institution where the sick leave certificate is issued for verification, or ask the employee to go to the designated hospital for reexamination.

At the same time, the rules and regulations of the employing units may also stipulate that workers should abide by the principle of good faith in the performance of labor contracts, and sick leave, such as false medical conditions and forgery certificates, are serious violations of the rules and regulations of the unit. The employer can unilaterally rescind the labor contract.

In addition, Chen Xin believed that

The rules and regulations governing the management of sick workers must be legal and legal and inform workers.

It should be noted that the hospital designated by the employer can not affect the convenience of the employees and inform all the staff.

For some special emergency situations, workers should be allowed to be treated nearby or leave by relatives' telephone calls.

In the process of managing sick workers, units should strengthen communication with relevant staff in designated hospitals so as to completely eliminate "human diagnosis" and "human feelings".

In July 2016, Xiao Liu, a worker of a company, found that he had been pregnant for 5 months and then asked the company to pay wages within 80% months of the original monthly salary.

Since then, Liu has not been to work.

After the company found it, they called Xiao Liu, but the phone had been shut down.

The company did not get a reply from Xiao Liu after having contacted his family.

In desperation, the company issued a courier in accordance with the family address of Xiao Liu, which was recorded in the labor contract, and relieved the labor relationship on the ground that it had no reason to leave work.

Xiao Liu, who received the notice of dismissal, was foolish.

According to her, according to the relevant

The company can not terminate its own labor relationship and sue for payment of the illegal labor contract compensation.

What Xiao Liu did not expect was that her request was dismissed.

In the court hearing, the court held that, considering the particularity of its physical condition, the relevant laws and regulations had made special protective provisions for pregnant women workers.

If the production inspection is normal attendance, the employer shall not remove the labor relationship due to the pregnancy of the female workers.

However, the enjoyment of relevant rights and interests still needs to comply with the requirements of the normal performance, the procedures for selling the tickets, and the relevant rules and regulations of the employing units.

If the female workers in pregnancy emphasize their rights and interests and lose their basic leave formalities, they may constitute a serious violation of the rules and regulations of the employing units stipulated in the labor contract law.

At that time, the employer can terminate labor relations in accordance with the law without paying the economic compensation for the termination of labor relations.

According to Chen Xin's lawyer, from the relevant provisions of our current law on the protection of female workers during pregnancy, there is no such stipulation as "protection against pregnancy".

About the content of the maternity leave for female workers, it was only reflected in the reply of the labor and Welfare Bureau of the former State Administration of labor to the reply of the Labor Bureau of Shanghai on the issue of the treatment of childbearing when the female workers had been given rest and sick leave for more than six months.

The reply stated that the female workers were pregnant according to the planned parenthood. After the doctor had issued the proof, they needed to have a rest. The rest time should be handled according to the provisions of the unit's treatment.