Employees Are Sick And Want To Leave The Company.

When workers are sick, they want to ask for sick leave, but the unit does not agree. In order to cure the disease, the workers have to resign. Now that they are ill, they are required to cash in the promise of "continuing to employ". Recently, Miss Zhu asked for help from this newspaper.

According to Ms. Zhu, she was a migrant worker. After more than 2 years before she arrived in Shanghai, she was introduced to a hotel as a waitress. The size of the hotel is small, but the number of attendants is small and the workload is not small. In March of this year, she went to the hospital because of ill health. The doctor advised her to have a minor operation. Because her social security was paid in her hometown, she asked the manager. sick leave She went back to her hometown to see a doctor and said she would go back to work in the hotel immediately after she was ill. As a result, the manager said that the hotel did not ask for sick leave or work or leave. The manager emphasized that her personal reasons led to the failure of the contract to continue, and could only be lifted. Seeing her hesitation, the manager added that if she was ill, she was welcome to continue to work, and wages were also treated according to the old workers. Think about the importance of treatment, and the manager promised to return to work after her recovery, so she wrote a resignation request according to the manager's request. The operation went well, and she recovered very quickly. Because she was thinking about her work, she returned to Shanghai after two months' recuperation. When it arrived at the unit, the manager said she could no longer employ her, because someone was on the job. How could she not keep her word? She knew that she wouldn't have to rush to Shanghai so soon. But the reason for the manager is also very sufficient. She said that every post in the guesthouse could not be short of people. Of course, she wanted to have a new person. Miss Zhu has lost her way.

Yin Weiyao, lawyer of Shanghai sunshine Zhuo Zhong law firm, pointed out that Ms. Zhu did not know the law and was fooled by the manager. He said: first, Ms. Zhu has the right to sick leave. She should enjoy the medical treatment period. The provisions on the standard of medical treatment for workers who are sick or not injured during the labor contract during the labor contract are clear. The medical term refers to a worker who has been sick or has not been injured due to work, and has stopped working for treatment and rest. Labor contract The deadline. Therefore, workers who have established labor relations with employers can enjoy medical treatment if they are sick or injured. The medical period is set according to the working life of the employee in the employer. The worker works in his unit for first years, and the medical treatment period is 3 months. After every 1 years of work, the medical treatment period will increase by 1 months, but not more than 24 months. So the manager said "because of her personal reasons, the contract can not continue to perform" and the lifting of the contract is a nonsense. Two, Ms. Zhu should not resign herself. Now, Ms Chu's resignation, to some extent, has something to do with the unit's promise to return to work. She doesn't want to get into a relationship with her unit, so she resigns and goes home to see her doctor. The problem is that the unit has neither fulfilled the promise nor left the employee credentials, which is misleading or deceiving. If the employee volunteered Resignation Generally, there is no economic compensation. At present, Ms. Zhu falls into such a passive position that she has neither enjoyed the medical treatment nor returned to work, nor has she obtained any compensation, thereby losing her legitimate rights and interests in vain.

Lawyer Yin pointed out that "people do not believe in themselves, but businesses do not believe in it". As a manager of a unit, the manager used his staff not to know the law, used the trust of his employees, and tempted the workers to resign, thereby evading the obligation of the units, which was really too bad. He reminded the workers that they would encounter similar situations later. They must pay more attention and take precautions against them.