This year " 514 days of holidays, spell a holiday to travel " , " as long as courage is which days false greatly " the article encircles heat to pass in the friend, a few netizens still plan to ask sick leave to spell a long holiday to go out travel. To this, judge of front courtyard of dispute of labor of Beijing Haidian court reminds, ask sick leave to travel fact is unworkable, because this desertions,work carefully. Last year, because ask sick leave to go vacationing to be basked in in friend circle,have a female stuff according to, be discovered by the company and dismiss, sue a requirement this company pays break the law remove working relationship compensation, be sentenced eventually refute.
This white young lady enters office at the year before last year company of a science and technology undertakes research and development checks, bilateral autograph has 3 years period labor contract. Last year " 51 " before she refers manual of diagnostic proof, anamnesis, medical treatment to expend a receipt to the company through email, say to headache to be borne hard see a doctor, the doctor thinks problem of its cervical vertebra is serious, need complete rest two weeks of lie in bed sanatorium, whether to after waiting for further examination, need to be admitted to hospital certainly cure.
After the company approves a holiday two weeks, white young lady did not work to hillock. However " 51 " hind, company of science and technology sends service to her mail " remove labor contract informs " , during offerring false information ill will to cheat company, sick leave with her, go abroad swim for, dismissed her. Later, white young lady mentioned early or late labor dispute arbitration and lawsuit, ask this company pays break the law remove working relationship compensation.
In lawsuit, white young lady showed manual of diagnostic proof, anamnesis, medical treatment to expend a receipt, say the hospital diagnoses his really sick rest of sicken, doctor's advice. But this company shows, stem from the accredit to employee and care, the company tests key period to approve a holiday in research and development, paid sick leave to her, but she not lie in bed rests, go filling in however class island goes vacationing. The company referred friend of white young lady to encircle check scheme, show her " sick rest " during outer go vacationing, wait in local parachute, dive, think " need lie in bed recuperates " the illness bears impossibly long-distance flight and dive. White young lady says to rest during sick leave, oneself have authority to go out recuperate, loosen body and mind.
Final, the court supported the view of this company, think laborer violates the work discipline of unit of choose and employ persons and regulations system badly, have be contrary to mutual respect and accredit, bring about labor contract to lose the base that continues to fulfill. 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 with ask for leave main content conform to. 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, accordingly this company removes to bilateral labor concerns and be not had undeserved.
Judge Cai Xiao of front courtyard of dispute of Haidian court labor thinks, white young lady is in " 51 " before ask sick leave to spell a holiday to travel, violate system of regulations of unit of choose and employ persons not only, still violated the basiccest principle of honest credence. Accordingly, unit of choose and employ persons has authority removes with its labor concerns, and need not pay remove to compensate gold or break the law remove compensation, this it may be said " spell a holiday temporarily bright, unemployed two tears " .
Reporter: Lin Jing