Can The Unit Stipulate The Sick Leave Issued By The Three Grade A Hospital?

Judge: I am an ordinary employee in a manufacturing plant. It has been in this factory for five or six years. Second of my recent labor contracts are almost due. I heard people say that after signing the two contract, you can ask for a fixed term contract. I put forward the idea of signing a fixed term labor contract to the head of the Department. The person in charge told us to ask for instructions, and there has been no news since then. I was wounded in the waist during my work in the original unit. Last week, I moved things at home. I was careless. I had a relapse and I could not move. I went to see a doctor in the community hospital near my home. A week later, when I returned to work, the head of the Department found me that there was a rule that the sick leave for more than three days had to be issued by a grade three hospital. The hospital sick leave that I hand over to the district hospital is not recognized. If I can't get the sick leave issued by the three grade a hospital, I will be absent from work. I did not ask for any leave during my work in the unit. this time Sick leave It is also a sudden incident, plus I have hurt my waist, and I have medical records. I could not move this time. I knew it was a recurrence of an old wound. The community hospital nearby was also convenient, so I went there to see it. Community hospitals are also first-rate medical institutions. Why do they leave sick leave alone? I have heard of the rules and regulations in the unit, but I haven't always paid much attention to it. Now they ask this question, which I think is too unreasonable. I think the actual unit is unwilling to sign a fixed term labor contract with me, deliberately trying to drive me away. Excuse me, is this unit legal? Is my sick leave valid? Can the unit expel me on the grounds of absenteeism? Besides, what should I do to renew my contract?

Mr. Wu: your question mainly concerns the effectiveness of the rules and regulations and the renewal of the contract. Rules and regulations are the sum of rules and systems of organization labor process and labor management formulated by employing units, also known as internal labor rules, and "laws" within enterprises. Usually, enterprises will stipulate regulations concerning labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management. According to the judicial interpretation, the rules and regulations formulated by the employing units through democratic procedures, as long as they do not violate national laws, administrative regulations and policies, and have been publicized to the workers, can be heard as people's courts. Labor dispute The basis of the case. The medical treatment period is legal, and the employer should take care of the employees. In order to avoid the occurrence of minor illness and maintenance, the law also gives the employer a right to audit for the sick leave of the worker. The employer can stipulate the system of approval for sick leave through rules and regulations. However, it should consider its rationality and avoid the harm of one size fits all to the legitimate rights and interests of employees.

As we know, in recent years, the state has vigorously developed the level of social medical services. Medical institutions have been divided into three levels and ten grades according to their functions, facilities and technical strength. They have three hospitals providing specialist and difficult treatment, and there are community level hospitals that provide reasonable treatment for patients and provide frequently occurring diseases and common diseases in the community. It is reasonable for workers to choose a non grade three grade a hospital for medical cost or convenience. No matter what level of hospital, the corresponding treatment recommendations are professional. Therefore, unless there is sufficient evidence, it is not easy to negate the effectiveness of sick leave alone. It is stipulated that the three grade a hospital must be issued without distinction. Sick leave note It's effective. It's not reasonable. Of course, some workers apply for a longer period of leave and the condition is indeed doubtful. The enterprise needs to provide more authoritative medical institutions for the sake of careful consideration. It also has its rationality. The workers should cooperate with each other, but whether they are all regarded as absenteeism for not being matched, most of them think that they should ultimately be determined according to the actual condition of their employees. According to the law, in the process of implementing rules and regulations, the trade union or the staff and workers consider it inappropriate, and have the right to propose to the employer, and to amend it through consultation. If the rules and regulations violate the rights and interests of the laborers, the laborers may also rescind the contract, and may also claim compensation for their losses. For the employers to exercise the unilateral rescission right of labor contracts, we are still stricter in judicial practice.

For the validity of sick leave, you can put forward the corresponding opinions to the unit. I believe they will consider it very carefully. If you are serious, I believe that the enterprise will not easily terminate the contract on the grounds of absenteeism. As for the renewal of contract, from the current regulations, you have signed two contracts continuously, so long as the unit has the intention of renewal, and you do not exist the negligence act stipulated in the thirty-ninth labor contract law or the first item stipulated in the fortieth article of the act, because the disease can not be engaged in the original work or otherwise arranged, or fortieth of the second provisions are not suitable for work. After the adjustment or training is still not competent, then the employer should agree to sign a non fixed term labor contract. So whether you can conclude an unfixed contract with the unit finally depends on whether you meet the above requirements. I hope you can negotiate with the enterprise and try to reach agreement.

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