Sick Leave Was Counted As Absenteeism And The Court Was Sentenced To Pay 43 Thousand Yuan.

[case introduction] Kim is an employee of an enterprise. Because of his long-term work in copywriting, Kim has suffered from severe cervical spondylosis, and his fingertips are always numb.

After the Spring Festival of 2014, due to the increase of workload, Kim's working time was getting longer and longer, and cervical spondylosis became more and more serious, resulting in her frequent dizziness and dark symptoms.

In March 10, 2014, Kim had asked for leave from the company's personnel director through the company's internal system, but he did not approve it.

The next day, Kim sent a message to Ren and asked for a leave. He went to the hospital for treatment. The diagnosis proved that Kim suggested that he rest for two weeks and do physical therapy once a day.

During the holiday period, the company issued a notice of rescission of labor contract to Kim because of his absenteeism and no compensation for the labor contract.

Kim thought that he had asked for leave from the personnel department, which did not constitute absenteeism, and the company's dismissal was unreasonable. Therefore, Kim submitted an arbitration to the labor arbitration agency and asked the company to pay 70 thousand yuan of compensation for breaking the labor contract illegally.

After the labor arbitration commission dismissed its request, Kim filed a lawsuit against the court.

According to the court, the company dismissed the company on the grounds that it was not approved by Kim's sick leave. It was an illegal release and should be paid to Kim for compensation. But the amount demanded by Kim was too high and it did not conform to the actual calculation standard. Therefore, the court ordered the company to pay compensation for the breach of the labor contract compensation 43 thousand yuan.

Lawyer:

According to Song Shan, lawyer of Jingdong law firm, according to the forty-second provision of the labor contract law of the People's Republic of China, the employer may not terminate the labor contract during the prescribed medical period if the worker is sick or injured.

Due to cervical spondylosis is still in the medical treatment period, the company's termination of the labor contract with Kim is in violation of the law.

The forty-eighth provision of the labor contract law of the People's Republic of China stipulates that if the employing unit violates the provisions of this law to terminate or terminate the labor contract, and if the worker requests to continue to perform the labor contract, the employing unit shall continue to perform. If the worker fails to continue to fulfil the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation in accordance with the eighty-seventh provision of this law.

The compensation demanded by Kim is in accordance with the law.

The forty-seventh provision of the labor contract law of the People's Republic of China stipulates that economic compensation shall be paid to the laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

The monthly wage of laborers is higher than that of the Municipal People's Government of the municipality directly under the central government or the municipal government of the municipality where the employer is located, which is three times the average monthly salary of the local workers in the previous year. The standard of paying the economic compensation shall be paid by the amount of three times the average monthly wage of the worker and paid to him.

The maximum duration is not more than twelve years.

The monthly wages mentioned in this article refer to the average wages of laborers twelve months before the termination or termination of labor contracts.

People's Republic of China

"Article eighty-seventh provides that if an employer violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laborer in accordance with two times the standard of economic compensation stipulated in the forty-seventh provision of this law.

The amount of compensation for breach of contract is provided by law.