Taking "Sick" Vacation To Get A Lawsuit In The Workplace

There are often employees who take a sick leave in a hospital to apply for a holiday. If it is a normal sick leave, it is beyond reproach. Some employees just go to the hospital to ask their acquaintances to take sick leave just because they don't want to work or other private reasons. As everyone knows, bad handling will lead to lawsuits. A reporter recently interviewed Jia Yibing, lawyer of Shanghai Baiyue law firm, explaining to the readers the confusion behind the sick leave. Workplace Hidden danger.

case

Employees take sick leave. Dismiss Disturbance

Lee was appointed as a sales representative of Shanghai A company in January 1, 2005, and agreed to work in Tianjin. The last written labor contract between the two sides was from January 1, 2008 to December 31, 2010. Because Lee was in office for a long time with poor leaders and poor sales performance, the company and Lee in June 2010 to negotiate a change of work place to Shanghai. Lee expressed reluctance to work in Shanghai and offered to work around Tianjin, but A did not agree. Since then, A has repeatedly urged Li to go to Shanghai for further consultations on the work and arrangements. Lee refused to go and said that because of A's proposed change of workplace, the psychological pressure was too high, and cervical spondylosis recurred. Thus, the "certificate of diagnosis" with the special seal for sick leave was mailed to A company, which lasted 6 weeks without the approval of the company at the end of July 2010. During the 3 day of August 2010, A issued a "deadline to Shanghai notice" to Lee, urging Li to fulfil the labor contract obligation. In August 25th, a company dismissed Li on the grounds of serious violation of the company's rules and regulations and labor contracts. Li Mou initiated labor arbitration on the grounds of dismissal notice without legal effect.

Three major concerns of disputes

Can the company adjust its working place unilaterally?

Employers in principle do not enjoy the right to unilaterally change jobs and work places. According to the relevant regulations: the place of work is the actual place for workers to fulfill the labor contract, and is the core content of the labor contract. Both the worker and the employer should abide by the provisions of the labor contract on work content and work place, and fulfill the labor contract agreement in a comprehensive and practical manner.

If A company is in agreement with the laborers, the working place can be changed. However, if the agreement can not be reached, the two parties should still perform according to the original contract.

Is there any legal risk for sick leave against workplace conflict?

In this case, Li's leave system for sick leave in the labor contract is determined as follows: "Party B (Lee) can take sick leave after a prior approval of Party A (a company) or a hospital diagnostic certificate at or above the county level. Otherwise, it will be processed according to absenteeism. " The labor contract law does not specify what kind of leave procedures should be provided for employees' sick leave. The state gives the employees' sick leave procedures the rules and regulations of the enterprises.

In practice, employees should be informed of the sick leave when they are sick. Even if the company fails to get the company's approval, the hospital is obliged to issue a certificate of diagnosis as long as the employee goes to the hospital to check and confirm the condition. The employee may ask for sick leave from the company after he holds the certificate of diagnosis afterwards. Therefore, the system is operable and does not infringe on the legitimate rights and interests of any party.

Does the "certificate of diagnosis" affix the "sick leave special seal" conform to the request for sick leave?

The certificate of sick leave is only "sick stamp" and no "special certificate for diagnosis" is sent to the company by mail. At the same time, according to the written document issued by A company, the hospital stated: "the special certificate for sick leave with" diagnostic certificate "in our hospital has only the meaning of recommending sick leave, not the diagnostic document. It can be seen that the certificate of diagnosis presented by Li is only a general leave proposal, not a certificate of diagnosis.

Lee did not produce an effective certificate of diagnosis without prior approval from the company. Continuous sick leave behavior violates the rules and regulations and the contract agreement, which constitutes a absenteeism.

Lawyer tips

Objection to sick leave of employees, unit review to hospital

In practice, it is not uncommon for hospitals to make recommendations for sick leave. The "special certificate for diagnosis" has a set of hospital management procedures alone. Without a clear disease diagnosis procedure, it is impossible to get the diagnostic document and the special certificate for diagnosis. Therefore, it is obviously more difficult for the employees to ask for leave by providing medical certificate for medical leave. In view of the fact that there is a false sick leave issued by the hospital on the basis of human feelings and other reasons, the employer should have the right to review the sick leave certificate of the employee. Employers can ask employees to submit medical records, sick leave certificates, medical expenses documents, etc., to make a formal review of the authenticity of sick leave. When the employer has reasonable doubt about the sick leave of the employee, he can also ask the employee to go to the designated hospital for reexamination. However, there should be regulations and regulations formulated according to law, and there is no violation of fairness, rationality and convenience in the hospitals designated for review.

Tips

Employees with sick businesses also need to be humanized.

So, employees can not get the "certificate of diagnosis". Is it possible to stop if there is any illness? Obviously, not all diseases can be diagnosed clearly by the hospital. If the employee's condition is true, the enterprise requires employees to go to work. Once employees become more serious in their jobs, the ultimate victims may still be enterprises. Therefore, in this perspective, the humanized sick leave management ultimately protects the legitimate rights and interests of both employers and employees.