General office of the State Council was released on March 22, 2019 " the announcement that about adjusting labor day holiday planned 2019 " , right 51 labor day had a holiday 2019 arrangement make adjust, the announcement will have a holiday to 4 days on May 1, 2019 tone rests in all 4 days. Ancient bronze mirror this, many people begin a plan " spell a holiday to travel " . So the body is on-the-job the laborer of field, should how lawful " spell a holiday " ? The judge of Haidian court tries couple practice, with case view, right " spell a holiday " medium problem undertakes explain and demonstrative.
Of use alter " sick application for leave " spell a holiday, feasible?
Laoli and engineering company are signed have work regularly without solid contract. On April 23, 2017, laoli is not retreated with high fever, for a week of doctor's advice sick rest oral ask sick leave to the leader, the leader allows off but inform Laoli to need to fill the application for leave that make disease. By May 2017, classics company is urged a few times should, old Li Bu paid sick application for leave, but inscribe time has apparent alter mark. After this, engineering company refers false sick application for leave with Laoli, "Sick leave " disagreement compasses should regard as dismiss Laoli for absent from work. For this, old Li Di has labor arbitration, suit, requirement company pays break the law remove compensation.
In case cognizance process, laoli cannot submit the relevant data such as diagnostic proof, record seeing a doctor. The court undertook investigating obtaining evidence to relevant hospital, the course inquires system of the registration system of the hospital, emergency call system, settle accounts, the judge discovers the hospital did not have record of Laoli seeing a doctor in April 2017, old in May 2017 Li Ceng sees a doctor in the orthopaedics of the hospital, doctor ever issued ill leave permit.
After the court tries, think: Sick leave of old Li Qingxiu, but the sick application for leave that its refer to engineering company in after the event is put have alter and not agree with with objective fact; Old Li Wei can be compensatory submit diagnostic proof or data of other doctor's advice, fail to make reasonable explanatory specification; Engineering company has authority basis check on work attendance to manage a system to be made to its remove decision, and need not pay to Laoli break the law remove compensation.
Judge commentate law:
" labor contract law " thirtieth sets 9 times, when laborer violates the regulations system of unit of choose and employ persons badly, unit of choose and employ persons can remove labor contract and need not pay economy to compensate gold.
In this case, engineering company enjoys useful industry administrative power lawfully as unit of choose and employ persons, authority raises a requirement to the check on work attendance of laborer. Accordingly, sick leave of old Li Qingxiu, need is fulfilled ask add of make use of sb accordingly. The fact that in joining a case, finds out is knowable, the sick application for leave that Laoli after the event refers, inscribe date has apparent alter mark; Laoli cannot be filled submit the record seeing a doctor April 2017; The court is investigated to relevant hospital, also did not examine record of Laoli seeing a doctor. According to above when, court make to Laoli adverse and illative, rested in April 2017 to what Laoli holds the view of sick leave does not grant to collect a letter. Ancient bronze mirror this, laoli's behavior made absent from work, unit of choose and employ persons has authority to remove the labor between both sides concerns.
From this knowable, use forge, falsification, false sick application for leave rests please sick leave have those who violate system of check on work attendance " spell a holiday " pattern is not desirable.
With " sick rest of lie in bed " name spells a holiday, feasible?
White young lady entered office in January 2017 company of some science and technology is engaged in research and development checking the work, both sides signs 3 years period labor contract. On April 20, 2018, white young lady referred diagnostic proof, medical treatment to expend a receipt to the company, state because of cervical vertebra problem complete rest of serious, doctor's advice lies two weeks bed sanatorium. Company of science and technology approved the sick leave application of white young lady. But after this discovery, white young lady is during sick leave and do not have " lie in bed sanatorium " , went out to go vacationing and participate in the project such as parachute jumping, dive however. Then, on May 16, 2018, the labor that both sides removed for travel goes abroad to concern during company of science and technology offers false information ill will to cheat company, sick leave with white young lady. For this, white young lady mentions labor dispute arbitration, lawsuit, company of requirement science and technology pays break the law remove compensation.
In case cognizance process, white young lady puts forward, it is OK that diagnostic proof, medical treatment expends a receipt to wait him card really sick rest of sicken, doctor's advice, oneself have authority to decide the place of sick rest. Company of science and technology shows, the company stems from the accredit to employee and care, two weeks sick leave paid approval white young lady sick leave; But illness of white young lady is disloyal, if be in a bad way arrives " need lie in bed recuperates " , so white young lady bears impossibly long-distance flight, participate in the project such as parachute jumping, dive impossibly also.
After the court tries, think: White young lady rests with lie in bed of him sicken need for rest please sick leave, although unit of choose and employ persons has no right to make demarcate to the off dot of laborer, but the behavior during laborer is off should ask for leave with its main content conform to. Accordingly, in this case, company of science and technology has authority to oppugn the purpose that white young lady asks for leave to be not is treat or recuperate. White young lady rejects to provide actual information, violate sincere letter principle and rules and regulations in enterprise, cause abominable effect to the working order of unit of choose and employ persons and management really, accordingly, company of science and technology removes to bilateral labor concerns and be not had undeserved.
Judge commentate law:
" labor contract law " the right that the first legislative goal that sets labor contract law is party of both sides of specific labor contract and obligation, protect the legitimate rights and interests of laborer, the work that compose is built and expands harmonious stability concerns. Accordingly, the premise condition that protects laborer to close right increase lawfully is laborer and unit of choose and employ persons in jural equality and mutual respect.
In this case, white young lady with be in a bad way must lie in bed sanatorium for rest please sick leave, but in fact, white young lady was not during sick leave lie in bed recuperates, go out however go vacationing and mobile content nots agree with with the illness apparently. Change character, the behavior of white young lady has violate sincere letter. Considering, honest credence principle not only it is the social morals that laborer ought to scrupulously abide by, it is the cornerstone that unit of choose and employ persons and laborer are built lawfully and fulfills working relationship more. Consequently, the work discipline that disobeys unit of choose and employ persons badly when laborer and regulations system, have be contrary to when mutual and honest credence, unit of choose and employ persons can remove according to relevant law provision labor contract.
From this knowable, falsification, exaggerated illness uses sick application for leave to rest please sick leave have those who violate honest honor " spell a holiday " pattern is not desirable.
With " year off " name spells a holiday, feasible?
The old boss that the end of the year left Xiaolin to serve 3 years 2018, join office new company. Considering changed new job, raises rising job, xiaolin is planning 51 belts spelling a holiday parental travel going abroad. However, the company informs small Lin Xin to be versed in into the employee however, entering duty to be not had in those days year off.
Xiaolin was consulting the discovery after relevant law sets: " company worker takes salary year off executive method " the 3rd, the 4th, the 5th regulation " the worker works continuously full of 12 months above, enjoy take salary year off " , " year off day number decides according to working hours of worker accumulative total. The worker is during work of unit of same different perhaps choose and employ persons, and according to law, administrative regulations or regulation of the State Council is inspected during working together, ought to plan for accumulative total working hours " , " the worker takes unit of choose and employ persons newly and accord with what this method sets the 3rd times, spend year of off day to count in those days, according to in this unit the rest convert of calendar day number decides, the inadequacy after convert 1 all the day the part is not enjoyed year off " .
Final, course and human affairs service are communicated, company lawfully business accounting approved Xiaolin year off.
Judge commentate law:
" labor law " the 45th regulation, our country is executed take salary year off system. In plan of law of active labor law, about year off specific measure basically sees at " the worker takes salary year off byelaw " , " company worker takes salary year off executive method " .
About " year off " common problem includes: Does the this year's graduates graduate in those days whether enjoy year off? Find new job after office new unit, whether rest please year off? Convert year when off day is counted, how should be length of service calculated? Year off whether fractionation rests please, whether does go beyond the year rest please? Above these problems, can be in law in find corresponding solution.
From this knowable, with " year off " means, lawful " spell a holiday " the legal rights and interests that is laborer.
Above is 51 " spell a holiday " open way correctly. But need is special those who point out is, although law gifted,laborer rests off right, but laborer is being asked lawfully cease take salary year off when the regulations system that still needs to abide by unit of choose and employ persons, offer off application ahead of schedule according to the specific requirement of unit of choose and employ persons and appropriate arranges the job, because of,avoid " assault " of type rest please year off cause inconvenience and loss to both sides.
