Recently, some media announced a case involving a labor dispute: an employee in Beijing was fired by the company for absenteeism for taking 37 consecutive days of personal leave. The court held that Li Xing (pseudonym) asked the company to take personal leave when three close relatives fell ill one after another and his wife gave birth, which was not only necessary to perform statutory duties, but also a manifestation of abiding by human ethics, and ruled that the company should pay compensation of 87,679.04 yuan.
The company involved is a BMW MINI dealer and has been involved in a number of labor disputes
Recently, the Beijing No. 2 Intermediate People's Court heard a case. When Li Xing (pseudonym) wanted to take 37 consecutive days off work in two months to take care of his family, his company did not agree to his request to continue taking leave. Li Xing, on the other hand, couldn't leave because he was taking care of the sick, so he didn't show up for work without the company's approval for leave. After that, the company dismissed him for absenteeism.
It is understood that Li Xing's mother was hospitalized due to mental problems, his father was in poor health, his wife's due date was postponed, and his eldest son was diagnosed with hydronephrosis and needed surgery. The daughter was diagnosed with hemolytic jaundice the day after she was born and was transferred to the hospital for treatment for more than a week. "I worked for the company for 8 years, and in the end, I was dismissed for absenteeism when my family was in difficulty and I was needed, and I was very puzzled!" he believes that the company's actions constitute an illegal termination of the labor relationship, and he should pay compensation and sue the court.
The court finally ruled that the company should pay compensation of 87,679.04 yuan.
The reporter flipped through the enterprise check APP and found that the company involved was Beijing Carson Automobile Service Co., Ltd., which was established in February 2011 with a registered capital of 20 million yuan, and was a BMW MINI brand dealer and had been involved in a number of labor dispute cases.
Is it reasonable for an employee to take continuous leave, and is it appropriate for the employer to fire him/her?
Strictly speaking, there are no detailed provisions on personal leave in the current labor laws and regulations in mainland China. However, in the Labor Law, it is clearly stipulated that workers have the "right to rest and vacation" and "the right to enjoy social insurance and benefits". Allowing employees to take personal leave in addition to sick leave, maternity leave, marriage leave, etc., to deal with personal and family emergencies and difficult matters, is the proper meaning of ensuring employees' rest and vacation, and it is also the most basic social welfare.
The court's decision that the company should pay compensation follows the spirit of the labor legislation and sends a strong signal to protect the rights and interests of workers.
From a personal point of view, Li Xing fulfilled the procedures for taking personal leave, explained the reason why he could not come to work through DingTalk, WeChat, etc., actively indicated that he could not come to work in the short term, and provided the medical records of many close relatives, and fulfilled the obligation to fully explain the personal leave. For an ordinary person with social attributes, such rights and interests are legitimate and necessary. In the case of three close relatives falling ill one after another, his wife giving birth, and his own income plummeting, any "Li Xing" may not have a more thoughtful choice based on human instinct except to ask the employer to take personal leave to take care of the family. The employer shall exercise the right to approve and manage personal leave reasonably and prudently.
The court gave a resounding answer with its judgment: When three of his closest relatives fell ill one after another and his wife gave birth, Li Xing's request for personal leave from the company was not only necessary to perform his statutory duties, but also a manifestation of abiding by human ethics. As emphasized in the court's judgment, the employer should take into account the "special circumstances" of the parties. After all, the personal leave system protects the rights and interests of employees in the event of handling personal emergencies or family affairs that they are not able to handle.
Asking for leave is a "small thing" and the human care behind it is a big thing
Looking through the reports, the reason why Li Xing has asked for personal leave many times is that he has encountered great "family difficulties", and so many "housework" have been saved together, which is very disturbing for everyone, and it really takes a long time to deal with it.
Li Xing's situation is relatively rare, a veteran employee who has worked for 8 years, experienced such a difficult moment, the company should not be too difficult and harsh on him. Even if it is true that the labor contract with the employee is terminated due to the actual needs of management and work, compensation should be made in accordance with the law.
In today's society, asking for leave is a normal "little thing" in the workplace. Only by standing in the position of employees and fully respecting and implementing the right of employees to take personal leave granted by law can the company stimulate the enthusiasm of employees to perform their duties and enhance their loyalty to the company. As an employee, we should also learn how to use the law to protect legitimate and legitimate rights and interests.
The times are advancing rapidly, and the law must keep up with it to better protect the rights of workers. In the context of paying more and more attention to the protection of workers' rights and interests, a more scientific, reasonable and flexible leave system is necessary.
In the long run, it is necessary to uphold the people-oriented spirit of the rule of law, improve the details of the relevant labor laws, and specifically clarify the norms for employees' personal leave, including the rules for taking leave and the standard of wage payment during personal leave, so as to achieve "mutual benefit and win-win" for both parties in labor relations.
Poster News Editor Yu Chunhong Comprehensive Workers' Daily, Red Star News, Qichacha, etc