After being criticized by the boss, I asked for sick leave and was removed from labor relations by the company


Can the company cancel the labor contract based on sick leave?”Labor contract law” relevant regulation will understand quickly!Zhao mou is A company employee.In early May 2020, A company was not satisfied with Zhao’s working status and performance, and negotiated with Zhao to terminate the labor contract.On May 18, Zhao took A sick leave to A company and went to A hospital in Nanjing. That night, the person in charge of A company suggested zhao to go through the procedures of resignation and go home for A rest. Zhao did not agree in the wechat.Cho went to the doctor again on March 19 and said, I felt depressed and unhappy after being criticized by my boss a week ago.Mental examination “clear consciousness, low mood, anxiety, slow thinking, insomnia, loss of appetite, loss of energy and physical strength, pessimism, lack of self-awareness”.Outpatient diagnosis: depression, recommended 14 days off.On the same day, Cho submitted A sick leave form to company A.Zhao mou sick leave list to verify whether true to hospital, zhao mou has not given reasonable time communication, on the basis of A company on May 20, form by email send zhao mou A terminate the labor contract agreement, set forth the “given your current personal reasons, comprehensive evaluation, salary this month normal distribution to the end of may, since tomorrow need not to work”.Since May 18, Cho did not go to work at company A.Whether the company is illegal to terminate labor relations A company and Zhao chat records reflect that A company is hoping to negotiate with Zhao to terminate the labor contract, but Zhao did not accept, A company to zhao’s personal reasons (that is, illness) to terminate the labor contract.According to legal regulation, laborer falls ill or be not injured because of work, cannot be engaged in former job after expiration of prescribed medical treatment, also cannot be engaged in the job that arranges separately by unit of choose and employ persons, unit of choose and employ persons notifying laborer himself 30 days in advance with written form or after paying a month’s salary extra, can remove labor contract.However, in this case, Zhao submitted A sick leave certificate on May 19, 2020, and the next day A company directly sent an email to notify Zhao that he did not have to go to A company to work, and directly terminated the labor contract with Zhao, which is obviously not in line with the relevant provisions of the Labor Contract Law, and belongs to the illegal termination.In the end, qinhuai District People’s Court in Nanjing, Jiangsu province ruled that Company A should pay compensation to Zhao twice the economic compensation standard stipulated in Article 47 of the Labor Contract Law.Time of universal law about sick leave sick leave is to point to laborer oneself because of sicken perhaps be not injured because of work, when need stops working medical treatment, the enterprise should attend working fixed number of year and work fixed number of year in this unit actually according to laborer, give certain medical treatment holiday.The salary of sick leave shall be paid according to the agreement of labor contract or collective contract. If there is no agreement, it shall not be lower than 80% of the local minimum wage standard.About medical treatment period basis “enterprise worker sicken or be not because of work injury medical treatment period sets”, medical treatment period is because of sicken or be not because of work injury stop the job cure to rest must not remove the time limit of labor contract.According to Article 40 of the Labor Contract Law, an employing unit may terminate a labor contract under any of the following circumstances after notifying the laborer in writing 30 days in advance or paying an additional month’s salary:(1) a laborer is unable to take up his original work or any other work arranged by the employing unit after the expiration of the prescribed period of medical treatment for illness or injury not attributable to work;(2) a laborer is incompetent for his work and is still incompetent after training or adjustment to his post;(3) There is a major change in the objective circumstances on which the labor contract is concluded, so that the labor contract cannot be performed, and the employer and the laborer fail to reach an agreement on changing the content of the labor contract through consultation.Unit of choose and employ persons is in laborer sicken or cannot be competent to work when remove labor contract to should satisfy the following premise, otherwise constitute illegal remove, ought to pay economic compensation lawfully: above all, cannot be engaged in former job after expiration of prescribed medical treatment, also cannot be engaged in the job that arranges separately by unit of choose and employ persons;Second, after training or post adjustment, still not competent for the job;Again, the employing unit notifies the laborer in writing 30 days in advance or pays the laborer an extra month’s salary;Finally, when unit of choose and employ persons removes worker labor contract unilaterally, be sure to inform labor union of reason beforehand.Source: Public account @Qinhuai Court

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