During the probationary period, I took sick leave, and resigned again, and the company said that the

Updated on society 2024-02-09
27 answers
  1. Anonymous users2024-02-05

    There is also a salary during the probationary period, and the arrears of wages can of course be recovered.

    According to Article 15 of the Regulations for the Implementation of the Labor Contract Law, the salary of an employee during the probationary period shall not be less than 80% of the minimum wage for the same position in the employer, and not lower than the minimum wage standard of the place where the employer is located.

  2. Anonymous users2024-02-04

    The probationary period is also paid, but the premise is not to sign a contract, leave in accordance with the company's procedures, resign in accordance with the company's rules and regulations, it is no problem to get a salary, if you are on sick leave, in fact, this is not necessary, the main thing is that you did not follow the regular leave procedures before, what are the leave and resignation procedures on your side, do you know yourself?

  3. Anonymous users2024-02-03

    If you don't have a sick note from the hospital and a written letter of resignation, you won't get your money back.

  4. Anonymous users2024-02-02

    If you can get it back, you just need to take your labor contract to the labor arbitration commission and appeal.

  5. Anonymous users2024-02-01

    If you don't say that you want a certificate from a tertiary hospital, you can go to those clinics and give some doctors to prescribe it for you, but you have to explain your intentions, otherwise the gods will not help you.

  6. Anonymous users2024-01-31

    It's hard to go back, because you're all verbal, and the evidence isn't enough. However, you can look for loopholes in other aspects, such as how the contract is agreed, whether the contract has been signed, and so on.

  7. Anonymous users2024-01-30

    You can't take sick leave without a sick leave certificate issued by the hospital, and your salary will be deducted if you take it.

    But the rest of the salary can be returned.

  8. Anonymous users2024-01-29

    1: The probationary period is also subject to a contract.

    2: It is not appropriate to ask for leave verbally, and you are ** asking for leave.

    3: Each unit has rules and regulations.

    4: You're quitting, not the hotel firing you.

    5: You don't have a fake note, you can't state **.

    6: In the end, I said that the 2-day salary should be forgotten, and if you have time to talk about it, it is better to hurry up and find a job.

  9. Anonymous users2024-01-28

    You should sign a contract when you go in, and you can only go to the company for these things, or you can directly complain to the higher authorities.

  10. Anonymous users2024-01-27

    If you can go back, contact the labor and social security department, and you will be paid for a day.

  11. Anonymous users2024-01-26

    This,,There's really no way to do it in these years.,,Find a way to be a leader.。。

  12. Anonymous users2024-01-25

    If you can get a salary, ask the labor insurance office for help!

  13. Anonymous users2024-01-24

    Consult a lawyer.

  14. Anonymous users2024-01-23

    Stick to the end and you can get it.

  15. Anonymous users2024-01-22

    Find a lawyer, don't pay attention to the company.

  16. Anonymous users2024-01-21

    Did you sign for anything when you tried it?

  17. Anonymous users2024-01-20

    There is a wood and a contract or something??

  18. Anonymous users2024-01-19

    Regular companies, sick leave generally require a sick leave note, right?

  19. Anonymous users2024-01-18

    Legal Analysis: Employees are still entitled to wages during sick leave.

    Legal basis: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 59 During the period when an employee is sick or injured not due to spring relief, the enterprise shall pay him sick leave pay or sickness relief expenses in accordance with relevant regulations during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

  20. Anonymous users2024-01-17

    Summary. Legal Analysis: Employees are still entitled to wages during sick leave.

    Legal basis: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 59 During the period of illness or non-work-related injury**, the enterprise shall pay the employee sick leave wages or sickness relief expenses in accordance with the relevant provisions within the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.

    Legal Analysis: Employees are still entitled to wages and benefits during sick leave. Legal basis:

    Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China》 Article 59 During the period of illness or non-work-related injury, the enterprise shall pay the employee sick leave pay or sickness relief expenses in accordance with the relevant provisions within the prescribed medical treatment period, and the sick leave wages or sickness relief fees may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.

    The doctor felt that I was not in a good state to go to work, so I resigned, and what should I do if I was not paid to the sick leave factory during this period.

    It is a common phenomenon for an employer to refuse to pay the surplus salary to the remediated workers, and if the negotiation fails, it can file a complaint with the labor inspectorate, apply for labor dispute arbitration, and apply to the people's court for a payment order if there is an IOU.

  21. Anonymous users2024-01-16

    Analysis of legal disputes: If the employer can prove that the employee does not meet the employment conditions during the probationary period, it can terminate the labor contract and does not need to pay the employee's compensation code, nor does it need to notify the employee 30 days in advance.

    Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

    1) During the probationary period, it is proved that they do not meet the employment requirements.

    2) Serious violations of the employer's rules and regulations.

    3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer.

    4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request.

    5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law.

    6) Those who have been pursued for criminal responsibility in accordance with law.

  22. Anonymous users2024-01-15

    During the probationary period, the employer may dismiss the employee only if the employee has one of the following statutory circumstances: (1) the worker is proved to be ineligible for employment during the probationary period; (2) The employee seriously violates the rules and regulations of the employer; (3) The employee is seriously derelict in his duties and commits fraud for personal gain, causing major damage to the employer's manuscript content; (4) The employee establishes a labor relationship with another employer at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; (5) The employee uses fraud, coercion or taking advantage of the danger of others to cause the employer to conclude a labor contract contrary to his true intentions; (6) The worker is investigated for criminal responsibility in accordance with the law; (7) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (8) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment. In addition to the above-mentioned circumstances, the employer shall not terminate the labor contract during the probationary period.

    Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) It is proved that he does not meet the employment requirements during the probationary period; 2) Serious violations of the employer's rules and regulations. 3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer. (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; 5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law. 6) Those who have been pursued for criminal responsibility in accordance with law.

  23. Anonymous users2024-01-14

    In accordance with the express provisions of Article 26 of the Labour Code:

    Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

    (1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to engage in his original job or work arranged by the employer;

    (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

    (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.

    So, there's no reason for the company to fire you.

    However, based on the actual situation, as a worker, you should communicate with your superiors in time and renew your leave in time before the expiration of the holiday or when you have a hunch that the vacation may not be enough.

    According to Article 42 of the Labor Contract Law:

    Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

    (1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or a suspected occupational disease patient is during the period of diagnosis or medical observation;

    (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work;

    (3) Illness or non-work-related injury, within the prescribed period of medical treatment;

    (4) Female employees are pregnant, giving birth, or breastfeeding;

    (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

    (6) Other circumstances provided for by laws and administrative regulations.

    According toSpecial Provisions on Labor Protection of Female EmployeesArticle 7It is stipulated that female employees are entitled to childbirthdays of maternity leave, of which 15 days can be taken before childbirth; in case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave shall be increased by 15 days for each additional child.

    Female employeesMiscarriage before 4 months of pregnancyand enjoy15 daysMaternity leave; PregnancyMiscarriage at least 4 monthsand enjoydays of maternity leave.

  24. Anonymous users2024-01-13

    According to Article 25 of the Labor Law of the People's Republic of China, "the employer may terminate the labor contract if the employee is proved to be ineligible for employment during the probationary period". During the probationary period, if you take frequent leave due to work-related injuries, you can be dismissed.

  25. Anonymous users2024-01-12

    If the company takes sick leave during the probationary period, the company cannot dismiss the worker, and the dismissal by the employer is an illegal dismissal, and the employer shall pay compensation to the employee.

    Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

  26. Anonymous users2024-01-11

    If you are pregnant and ask for leave, dismissal is definitely not allowed, and if the company wants to dismiss you, it will find other reasonable reasons.

  27. Anonymous users2024-01-10

    Not legal, if the hospital issues sick leave, the company must comply, and the company has no right to agree or disagree.

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