"Migrant workers" are dismissed for taking care of their sick mother and asking for leave for three days? Xiamen court ruled that
Tune 2021-05-04 06:11:51

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


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“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


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“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


Xiao Lin Yu 2016 year 8 month 16 Day in A company , Working as a general worker .

2020 year 6 month 6 Japan

Xiaolin's mother was hospitalized due to sudden illness , Urgent need for personnel to deal with hospitalization procedures and follow-up care work .

2020 year 6 month 7 Japan

Kobayashi immediately left for his hometown to take care of his mother , At the same time, I used wechat to inform my colleague Huang of this situation , Ask for leave from the company .

2020 year 6 month 10 Japan

When Kobayashi returns to work , But was told that he had been dismissed .

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


after , Kobayashi filed a labor arbitration with the Arbitration Commission , Request the ruling company to pay compensation for illegal termination of labor contract to Xiaolin 33000 element . After all the arbitration claims have been rejected by the ruling , Kobayashi sued Tong'an court .

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


Kobayashi complains that

His mother had a sudden illness on Saturday , Had to rush to the hospital , I hereby entrust my colleagues to ask for leave on my behalf , And work on Wednesday will be related to the situation 、 Inform the company of medical records, etc , The company dismissed without reason , This behavior is illegal termination of labor contract , basis 《 The labor contract law of the People's Republic of China 》 Article 48 , Compensation payable 37018.08 element .

The plaintiff has not been approved , Three days of unexplained absenteeism , Ask a colleague to help you with your leave , Not in line with the company's leave procedures , Be deemed to have resigned automatically .


A The company argued that

Tong'an court

After hearing, it is held that

Kobayashi's mother 2020 year 6 month 6 I'll be in the hospital on the 7th , Xiao Lin Yu 6 month 7 I went back to my hometown hospital to take care of my mother , And in 6 month 10 Return to work in the company , be perfectly logical and reasonable . In an emergency , Kobayashi entrusts his colleague Huang to ask for leave orally , Although not in accordance with the company's prescribed procedures , But it did not achieve the goal of serious violation of the company's rules and regulations A The extent to which the company can directly terminate the labor contract with Kobayashi . therefore ,A The company broke the labor relationship with Kobayashi , Compensation should be paid according to law .

The Tong'an court ruled as follows : The company paid compensation for Xiaolin's illegal termination of labor relations 37018.08 element .

however ,A The company did not accept the first instance judgment , Appeal to Xiamen intermediate people's court .

The mediation was conducted by a specially invited mediator of Xiamen intermediate people's court , The two parties reached an agreement voluntarily :A The company agreed to pay Xiaolin a lump sum compensation for the termination of labor relations 29000 element .

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


Need to leave work in an emergency , Temporarily entrust a colleague to ask for leave orally , Can the company unilaterally terminate the labor contract on the ground that the employee has seriously violated the rules and regulations ?

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


During the performance of the labor contract , Both the employer and the employee have the obligation to fully and reasonably perform the contract . Workers have the right to consciously abide by the rules and regulations of the employing unit 、 The obligation to maintain the labor order of the employing unit ; It should be reasonable for the employer to exercise the management power 、 Goodwill . Rescinding the labor contract is the most severe disciplinary measure , The employer should use it carefully after comprehensive consideration . Whether the workers are in serious violation of labor discipline , The characteristics of the industry should be taken into consideration 、 jobs 、 Behavioral environment 、 The degree of influence on the production and operation order of enterprises 、 The subjective fault degree of the laborer and other factors .

In this case , Xiao Lin was hospitalized due to his mother's sudden illness , Under the feeling be nasty , Entrust colleague Huang to ask for leave orally , Although not strictly abide by the company's rules and regulations , But there is a reason for Kobayashi's departure , It's an accidental act of filial piety as a son of man , It's different from the deliberate repetition of violations of rules and regulations . After settling down with his mother, Xiao Lin immediately returned to work and submitted relevant medical records , His behavior of asking for leave orally on behalf of his colleagues did not cause serious damage or heavy losses to the company's production and operation order .

Sum up , Xiaolin's behavior did not reach the situation that the employer could directly terminate the labor contract in serious violation of rules and regulations , When the company deals with related issues , We should also think in an appropriate way , With tolerance 、 Treat with empathy .

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


reminder

Employers should pay attention to :
When an employee enters the workforce , Employers should conduct induction training immediately , Employees should be clearly informed of the company's internal rules and regulations , Including work discipline related to workers . The employing unit should adhere to the principle of rationality when exercising the management power 、 Goodwill . Rescinding the labor contract is the most severe disciplinary measure , The employer should use it carefully after comprehensive consideration .

“ Workers ” He was dismissed for taking care of his sick mother for three days ? Xiamen court ruled that ……


Legal link

《 The labor contract law of the People's Republic of China 》

Article 47 Economic compensation according to the number of years that laborer works in this unit , The standard of paying one month's salary every year to the laborer . More than six months and less than one year , By the year ; Less than six months , An economic compensation of half a month's salary to the laborer .

The monthly salary of laborer is higher than unit of choose and employ persons is in municipality directly under the central government 、 The people's Government of a city divided into districts announced that the average monthly salary of the local staff and workers in the previous year was three times that of the previous year , The standard of economic compensation to be paid is three times the average monthly salary of the employees , The maximum period of economic compensation paid to them shall not exceed 12 years .


The term "monthly wage" as mentioned in this article refers to the average wage of a laborer in the 12 months before the termination of the labor contract .
Article 87 The employing unit rescinds or terminates the labor contract in violation of the provisions of this law , Compensation shall be paid to the laborer in accordance with the economic compensation standard stipulated in Article 47 of this law .

source : Xiamen Tong'an District People's court

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