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| Is it legal for the unit to terminate the labor co (7th Dec 22 at 6:02am UTC)
Is it legal for the unit to terminate the labor contract according to absenteeism if the employee does not ask for leave | | | Original Title: Case Interpretation | Is It Legal for the Unit to Terminate the Labor Contract According to Absence if the Employee Does Not Ask for Leave or Go to Work After the Medical Treatment Expiration? Case Zhang Mou suffered from nephritis and began to take sick leave on May 7, 2014 after being certified by medical institutions and approved by his company. Zhang Mou agreed in the medical treatment period agreement signed with the company:.. After the expiration of the medical treatment period, Party B (Zhang) shall go to work. If Party B fails to go to work without approval, Party A (Company) shall be treated as absenteeism. 。 On May 6, 2015, Zhang's one-year medical treatment period expired. The next day, Zhang sent a short message to the workshop director of the company, claiming that he had not recovered from his illness and still needed to rest at home, but the workshop director did not reply. On May 10, 2015, the Human Resources Department of the company sent Zhang a written notice to return to work, and Zhang still did not go to work after signing. On August 7,KN95 Face Mask, 2015, the company served a notice of termination of the labor contract to Zhang on the grounds that Zhang was absent from work and seriously violated the company's rules and regulations. Zhang refused to accept it and applied for labor arbitration, demanding that the company pay compensation for its illegal termination of the labor contract. After ascertaining the facts, the Labor and Personnel Dispute Arbitration Commission rejected Zhang's request according to law. Expand the full text Comment and analysis In this case, the medical treatment agreement signed by Zhang and the company clearly stipulates that Zhang must return to work after the expiration of the medical treatment period. If he fails to work without approval, the company will treat him as absenteeism. Zhang claimed that he had fulfilled the leave formalities to the company after the expiration of his medical treatment period, Medical Quickly Delivery Antivirus Coverall ,Quickly Delivery Disposable Protective Clothing, but there was no evidence to prove it, while the company claimed that Zhang did not go to work after the expiration of his medical treatment period and did not submit a sick leave note to the company, which belonged to absenteeism, and provided corresponding attendance records to support it. Obviously, Zhang's behavior belongs to absenteeism. Because Zhang Mou clearly stipulated in the labor contract signed with the company that absenteeism would terminate the labor contract, the company legally terminated the labor contract with Zhang Mou on the grounds of absenteeism. In practice, some sick employees do not return to work after the expiration of the medical treatment period, nor do they perform the leave formalities, even when the unit notifies them to return to work. This practice has the risk of being terminated by the employer. At the same time, for employees who can not return to work in time after the expiration of medical treatment, employers should also be cautious when dealing with them, clarify the basic facts, and deal with them according to absenteeism. In practice, we can refer to the following measures to properly handle: First, for employees whose medical treatment has expired, the unit should effectively serve the notice of returning to work. Second, after the expiration of the medical treatment period, if the employee has provided a valid diagnosis certificate requiring continued sick leave and has fulfilled the leave formalities in accordance with the regulations, the unit shall grant permission. Third, when the original work cannot be done after the expiration of the medical treatment period, the unit shall arrange another work according to the physical condition of the employee. Fourth, after the expiration of the medical treatment period,Antivirus Disposable Mask with CE Certificate, those who can neither engage in the original work nor engage in other work arranged by the unit may terminate the labor contract after notifying the laborer himself in writing 30 days in advance or paying the laborer an additional month's wage. Hello, partners, return to Sohu to see more Responsible Editor:. zjyuan-group.com | |
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