Original title: holiday leave there are so many "exquisite"? Don't ignore, be careful about the salary and job!
Source: Workers' daily
Taking leave due to illness, of course, should be repose at home. However, song aunt (a pseudonym), who works in Shanghai, has been playing in sick days. She has not forgotten to send a friend's circle during the trip. Song aunt was dismissed because of serious violation of the company's rules and regulations, and her claim for prosecution was also dismissed.
People in the workplace have noticed, do you understand these "fastidities" in your leave? Take a look with the ID:grrbwx.
Case: travel during the sick leave of a woman is fired
In July 19, 2012, Auntie song was admitted to a company in Shanghai. She began to take sick leave since February 16, 2017. The disease was diagnosed as a department of orthopedics disease such as lumbago, lumbago, bone arthralgia and so on. In April 26, 2017, the company's sick leave certificate, which she provided, was not in conformity with the actual physical condition. This dishonest behavior, which was a serious violation of the serious violation of the service group's manual, relieved her labor contract.
After applying for labor arbitration, aunt song filed a lawsuit against a court in Pudong, Shanghai.
During the trial, the defendant provided a screenshot of the WeChat friend circle of aunty song and a notary book to prove that, since the injury occurred in March 2016, she had been relieved of labor relations in April 26, 2017, and often played in the outside. The actual physical condition was not in conformity with the condition of the sick leave. And it has been in the circle of friends to show off the holiday behavior, to the company's management and bad influence.
After the court hearing, it was found that there was no serious breach of discipline and termination of the labor contract. The plaintiff asked the defendant to pay a claim for compensation for breaking the labor contract illegally, and the court refused to support it.
It is not the first time for employees to leave during their sick leave and be dismissed by the company.
Although rest and vacations are the rights of laborers, they will ask for leave if they want to take a vacation, so as not to outweigh the gains. In the process of asking for leave and leave, we should pay attention to it.
Honesty is very important. Don't cheat in the workplace.
The types of rest and holidays enjoyed by the workers include the interval time within the working day, the weekly holiday, the annual holiday, the staff visit and other holidays, such as annual vacation, sick leave, and holiday.
Some workplaces are busy in their work, may need more vacations, or want to spend a few more days on vacation. In fact, this behavior of ignoring the company's rules and regulations is very undesirable. Once the employer finds out, it may be difficult to guarantee the job.
To take care of sick leave, it is not good faith to submit "false sick leave" to the employer. Once it is found out, it may face the risk of being expelled and may be prosecuted for punishment.
During sick leave, sick leave workers are not allowed to travel in principle, regardless of whether they are allowed to travel. If there is any need, it should be explained and understood in time. Apart from traveling, part-time job is also a taboo for sick employees. If the employer finds out that the sick and retired employees are engaged in other income work outside the company, the employer can deal with it according to the rules and regulations formulated in accordance with the law.
Please pay attention to your leave as well as avoid making false causes.
At present, the labor contract law has greatly enhanced the protection and protection of workers' rights and interests, but some workers have abused their rights.
In fact, mutual trust and mutual understanding between employers and workers is the cornerstone of harmonious and stable labor relations. In the face of the "invitation for vacation" recommended by the network, the workplace people should be careful not to lose their honesty and character because of the vacation, and finally move the stone to smash their own feet.
Before you take a vacation, you have to do a good job of asking for leave
Rest and vacation are related to the work arrangement of the employer. On a busy day, it is unavoidable for employees to ask for leave, but they must go through relevant formalities when taking a vacation.
Certificate of sick leave should be issued. A formal certificate of diagnosis or certificate of sick leave should be issued by a hospital. In general, the certificate of sick leave should include the name of the patient, the Department, the diagnosis and the days of sick leave, and should be signed or signed by the doctor with the certificate of sick leave and the official seal of the hospital.
The holiday is not a paid vacation. In case of exceptional circumstances, employees must leave their jobs, but the right of approval lies with the employer. The employer can make a decision whether to approve or not according to the specific circumstances of the employee's leave. When you ask for leave, you must comply with the rules and regulations of the unit, and do not leave without permission.
In addition, vacation time with paid annual leave and marriage leave can be negotiated with units, and sick leave units can not be granted.
If the staff and workers leave the job without leave, or are overdue without approval, they should be absenteeism and the employer can not pay the salary during this period.
Pay attention to pay after a vacation
"Employees can get wages without going to work" is a kind of protection that the labor law provides for employees' rest and vacation rights, which only applies at a specific time.
Statutory holidays (New Year's day, Spring Festival, Tomb Sweeping Day, labor day, Dragon Boat Festival, Mid Autumn Festival and national day) are paid holidays. Paid annual leave, marriage and funeral leave, male workers' nursing leave are also paid.
Work-related injury workers stop working and leave the salary and welfare benefits unchanged.
When the workers are sick or do not stop working for the rest of the work, the employer may not relieve the labor contract, and give the legal sick leave work or the disease relief fee, which can be lower than the local minimum wage, but it can not be less than 80% of the minimum wage standard.
The birth allowance of female workers during maternity leave is paid by the birth insurance fund in accordance with the standard of the employer's monthly average salary for the employees of the year, and the employer is paid by the employer in accordance with the standard of the female workers' salary before maternity leave.
Note: the leave of absence is unpaid leave, and the leave is calculated by day or hour. The employee's daily leave rate is /21.75: the monthly basic salary is about /21.75 days; the employee's request for a leave of absence per hour is: the monthly basic salary is /21.75 days, and the hour is /8 hours.
Vacation staff, pay attention to checking the wages in time.
Leave the leave of leave and keep the relevant evidence
Whether it is the employee's own leave, or because of urgent or urgent illness can not be personally asked to leave, and let colleagues and so on, should be done as far as possible the written leave formalities, and copy the bottom, avoid speaking without speaking, leave the absence of leave, affect the job, salary and other important matters.
After labor disputes, the relevant evidence such as leave of absence will play an important role in safeguarding rights and interests.
The relevant departments should improve and implement the state regulations on workers' working hours, legal holidays, and paid annual vacations, and urge the enterprises to arrange staff and workers' rest and vacation according to law, let the workers have a holiday and have the dare to rest.
Editor in responsibility: Yu Pengfei
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