I take sick leave, but the company wants to count me as absent from work and terminate the employmen

If the employer has approved sick leave, the employer's behavior is illegal and it is illegal to terminate the labor contract.

If the employer terminates the labor contract in violation of the law, the employee may request to continue to perform the labor contract, and the employer shall continue to perform it; The employee does not request to continue to perform, and the employer needs to pay economic compensation to the employee.

Severance shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. Financial compensation is twice the amount of compensation.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

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

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage 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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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.

If you are normal, legal, and reasonable to ask for leave, the company is not allowed to do so, you can go to the labor department to report...

Legal analysis: For employee leave (including personal leave, sick leave, etc.), according to the employer's leave management system, first of all, it depends on whether the employee Sooxun Liang Tong has fulfilled the leave procedures in accordance with the regulations, such as whether the sick leave certificate of a qualified medical unit is required, etc., if the employee's leave procedures and materials meet the requirements of the unit system, the unit should approve it, otherwise it can not be approved. According to Article 3 of the Labor Law, employees have the right to rest and vacation, that is, they have the right to rest and leave when they have a legitimate reason; In the event of illness, employees have the right to rest in order to protect their physical health.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the State stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be granted according to the actual number of years of work and the number of years of work in the unit: (1) if the actual working experience is less than 10 years, three months if the actual working experience is less than five years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

If there is an urgent matter and there is no leave, it is reasonable for the company to terminate the labor contract on the grounds of absenteeism, and the situation of not going to work without asking for leave with the company has constituted absenteeism.

Labor Contract Law of the People's Republic of China

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] 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) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage 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 provided for in Item 1, Paragraph 1 of Article 26 of this Law;

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

1. What is the process of unilateral termination of the labor contract by the company?

1. A written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer.

2. The labor union shall be notified of the reasons for the termination of the labor contract in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the result of the disposition.

3. Issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and go through the procedures for the transfer of files and social insurance relations for the employee within 15 days.

4. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, it shall be paid when the worker completes the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.

Summary. Hello, I'll come to your questions. Of course it will win.

But the precondition is that you have not gone through the procedures for leave. This is definitely a violation of the rules and regulations. So it is necessary to judge according to your actual situation, if you contact, the leave time is relatively long. Then the company certainly has the right to terminate the labor contract.

In this case, it will be very difficult for you to win the case.

I hope mine helps you and I wish you all the best.

Will the employee win if the employee is absent from work due to illness + does not go through the leave procedures + the company terminates the contract + the employee appeals?

Hello, I'll come to your questions. Of course it will win. But the precondition is that you have not gone through the procedures for leave.

This is definitely a violation of the rules and regulations. Therefore, it is necessary to judge according to your actual situation, if you contact, the leave time is relatively long. Then, of course, the company has the right to terminate the contract of Laodan.

In this case, then it will be difficult for you to win the case. I hope mine helps you and I wish you all the best.

Paragraph 2 of Article 39 of the Labor Contract Law seriously violated the rules and regulations of the employer. Then this article, the company can terminate the labor contract. and no longer compensate.

Summary. Will the employee win if the employee is absent from work due to illness + does not go through the leave procedures + the company terminates the contract + the employee appeals?

First of all, the labor law does not regard absenteeism as a statutory reason for terminating the contract, but if the rules and regulations of the employer stipulate that absenteeism can be quietly excused to terminate the contract, and the relevant procedures and publicity have been performed, then the employer can terminate the contract.

Secondly, the employer is not allowed to unilaterally terminate the labor contract during the medical treatment period, otherwise it will be illegally terminated and compensation needs to be paid

If an employee needs to take sick leave due to illness, the hospital shall issue a formal diagnosis certificate or sick leave certificate, signed or sealed by a physician and affixed with the official seal of the hospital.

Each company has a leave system, and it is necessary to provide a leave slip and a diagnosis certificate to follow the process.

Of course, you have to ask for leave from the personnel in advance, the company has the company's rules and regulations, and you must ask the company for sick leave.

Legal analysis: If the employee is on sick leave and has the medical record and hospitalization certificate from the hospital, the employer shall not determine that the employee is absent from work, if the employee takes personal leave, the employer does not approve it, and the employee is absent from work and does not go to work, and the employer counts the employee as absent from work. If an employee is absent from work without reason, the employer may impose a certain fine in accordance with the Labor Law and the company's rules and regulations, and if the employee has caused certain losses to the employer due to the employee's absenteeism, the employer may require the employee to pay certain compensation.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 5 During the medical treatment period, the sick leave pay, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations.