It Is Not Lawful For Employees To Leave Their Sick Leave After Being Dismissed From Court.

Li Na, an accountant of a company in Shenyang, came to the hospital for diagnosis and obtained a diagnosis. Then he followed the doctor's advice for three days' recuperation at home and asked for leave by WeChat and telephone.

But when she returned to work, a week later, the employer tried to terminate the labor contract with Li Na on the grounds of absenteeism.

A few days ago, after two levels of court hearing, sick leave was the most basic right to rest for workers. As long as the laborers were sick and needed to stop working and recuperate, their right to sick leave should be protected.

In the end, the two courts rejected the demands of the employers to rescind the labor contracts.

A few years ago, Li Na joined a company in Shenyang as a financial accountant.

In December 22, 2014, Li Na suddenly felt sick and went to the first hospital.

After diagnosis, the hospital issued the "certificate of diagnosis", and the diagnostic book recommended that Li Na rest for three days from from December 22 to 24, 2014.

After receiving the diagnosis of the hospital, Li Na stayed at home for three days according to the doctor's advice, and asked for a leave through the WeChat and telephone.

What Li Na did not expect was that when she got sick and worked for a week, she suddenly received a notice of termination of the labor contract issued by the company.

The company believes that Li Na did not comply with the company's regulations for leave of absence procedures, three days of continuous absenteeism, a serious violation of the "attendance management system" provisions, it is intended to terminate labor relations.

According to the unit's attendance system: the unit requires employees to ask for sick leave to submit a written application, and after the approval of the personnel director, they can take a leave.

Li Na thought he had asked for leave, and the unit had no right to terminate labor relations.

Subsequently, the company then appealed to the court to request legal confirmation of the termination of the labor contract.

According to the court's trial, according to the diagnostic certificate submitted by Li Na, the hospital advised the defendant to rest for three days in from December 22 to 24, 2014, which could prove that he really had a holiday due to illness.

In addition, the WeChat's screenshot and recording evidence submitted by the defendant can be mutually corroborated. It has fulfilled the obligation to ask for leave from the unit, and the defendant's right to sick leave should be protected.

According to the third provision of the labor law, workers have the right to rest and leave.

The right to rest is one of the basic rights of workers. The right to rest is the most basic right to rest for workers, which is directly related to the health and safety of workers. As long as the workers do need to stop working and recuperate, the right to sick leave should be protected.

The present unit finds that the defendant has not fulfilled the leave request procedure and has identified the absenteeism, and thus terminates the labor contract, which lacks the factual basis and legal basis.

Then the plaintiff was dismissed.

Request.

After the first instance was sentenced, the company refused to accept the case and filed an appeal.

After hearing the case, the municipal court dismissed the appeal and upheld the original judgment.

In the case trial, the employer had raised the question of the suspicion of the authenticity of the sick leave, but it was not accepted by the court because there was no evidence to support it.

For this reason, after hearing the case, the judge heard the case "laborer".

"A detailed explanation was made.

Sick leave is the right for workers to rest in order to ensure their own health, while leave is a vacation that workers can take the initiative to choose.

For a leave of absence, the unit can have the power to examine and approve. For sick leave, if the worker is sick and needs to rest, the unit must leave the worker on leave.

In view of the problem of "sick leave", the judge hinted that the unit was not helpless, and could take the measures of "unit escort review" and "designated hospital review" to review the authenticity of the sick leave, but not to cancel the contract with the workers on the basis of speculation.

In accordance with the fourth provision of the labor contract law, the employing unit shall establish and improve the labor rules and regulations in accordance with the law, so as to ensure that workers enjoy the right to work and perform their labor obligations.

Laborers need to abide by the rules and regulations of the units, and the employers are entitled to relieve the workers who seriously violate the unit rules and regulations.

The right.

But the premise is that the rules and regulations formulated by employing units must be reasonable and legal.

Sick leave is usually a sudden situation, and it is difficult for workers to predict it. After the illness occurs, it is necessary to go to the hospital in time. It is unreasonable for a unit to require laborers to perform such a cumbersome procedure for asking for leave.

At the same time, the judge also reminded the vast majority of workers, according to the law, workers have to leave sick leave need two conditions: first, there is indeed a fact of illness, usually workers will hold the hospital diagnostic certificate issued.

The two is to fulfill the obligation of the notification employer.

The laborers perform their duty of notification, making it easier for the employer to understand the workers' situation in time, and to exercise their personnel management rights. It also helps the units arrange the next production work and ensure the smooth progress of production.

Therefore, the obligation to perform notification is a necessary condition for workers to take sick leave.

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