How Do Employees Deal With Violations?

In practice, employers should distinguish between employees who have committed sick leave in violation of regulations.

First of all, if the employee fails to fulfill certain procedural requirements in the leave procedure (such as delaying the filing of sick leave, failing to fill in the application form for sick leave, not submitting the attached materials, etc.), because the employee's right to health is more important, the employer can not deprive the employee of the substantive rights of sick leave, so it is unreasonable to dismiss sick leave.

However, the employing units may formulate corresponding rules and regulations in accordance with the law, and make clear the violation of the procedures for taking leave, and give appropriate treatment.

Secondly, if the employee fails to fulfill the substantive requirements in the leave of absence procedure (if the sick leave is not submitted), because these are the basis for determining the sick leave, the employer may not recognize the sick leave.

However, the employer should promptly urge the staff to fill in the sick leave formalities, and the employees can not be treated for absenteeism without proper reasons.

Third,

Reaching a certain number of days, the unit can be determined by rules and regulations that it is a serious violation of discipline.

If a serious violation of discipline is constituted, the unit may terminate the labor relationship.

Fourth, for

During a sick leave or sick leave, part time traveling or traveling outside is not only absenteeism, but also a serious breach of honest behavior. Units with serious circumstances can directly deal with serious violation of discipline.

When she submitted the last sick leave note, she did not inform the company of the actual situation of the issuing of the fake article. There was no other evidence to support its physical condition.

It also violates the requirement that workers should abide by basic labor discipline.

The forty-second provision of the labor contract law stipulates that in the period of pregnancy, childbirth and lactation, the employer shall not terminate the labor contract in accordance with the provisions of the fortieth and forty-first articles of this law.

However, the company can terminate the labor contract on the basis of the thirty-ninth second paragraph, that is, "serious violation of the rules and regulations of the employing units".

The court held that Miss Sun's fake sick leave, failing to report the time of departure according to the company's requirements, and failing to return the overdue time, not only violated the company's labor discipline, but also violated the basic principles of honesty and credibility of the workers.

Ms. sun constituted a serious violation of discipline and was not dissatisfied with the company's dissolution of the labor contract.

Therefore, the court will not support her claim for paying compensation for breaking the labor contract illegally.

[related cases] during the world cup, fans began to "plan" all kinds of reasons for asking for leave.

In order to meet the needs of fans watching the ball at night, online stores quietly sell sick leave.

A Taobao seller said that there was a sale of sick leave in Shanghai's third grade hospital, "1-3 days 60 yuan, 7 days 100 yuan, 14 days 120 yuan."

In addition, the seller also sells hospital registration forms, medical records, drug orders, etc., each 50 to 100 yuan.

In this regard, many hospitals in the city have indicated that the "sick leave" is not reliable.

It is reported that the hospital has strict rules and regulations for the registration of sick leave, and the seal on the sick leave is numbered, which represents the doctor's office.

In addition, there are stubs in the hospital's sick leave.

Friendship reminder: do not use fake sick leave, or be careful to be smashed.