After investigation, Tan entered a department store in Wuxi through online recruitment on March 6, 20 14, and both parties signed a written labor contract. The contract period is from March 6, 20 14 to March 6, 20 17, and the labor remuneration agreed in the contract is 2200 yuan.
On 20/512.28, Tan went to a hospital in Shanghai for eye correction surgery (commonly known as "opening double eyelids") and did not ask for leave in advance. On October 4th, 2065438+ 16/kloc-0, the company made a dismissal decision because Tan failed to fulfill the leave formalities and was absent from work for no reason.
Hou Tan issued a sick leave in a hospital in Shanghai, thinking that he was a "sick leave", and the company illegally terminated the labor contract and demanded compensation from the company.
However, the company does not admit it. According to the company, the company has clear regulations on attendance management: "When employees are sick or need to take time off for private affairs, they should take time off three days in advance, and explain the reasons and days of leave. , and complete the corresponding procedures after approval; In case of acute disease or emergency, you should directly call the superior leader to explain the situation and report it to the Human Resources Administration Department, and report it to the OA process within three days afterwards. " The medical records and sick notes provided by Tan Can in a Shanghai hospital can't prove that the operation was performed due to illness. Although the operation of "opening double eyelids" is called surgery, it is a change of natural appearance and is not urgent. Tan Can applied to the company in advance in the form of personal leave.
The company thinks that Tan's beauty behavior is regarded as an urgent illness, and only hopes to make up the leave afterwards. There is something wrong with her work attitude. Because of the particularity of her career, her behavior also affected the normal operation of the company's business. The company unilaterally terminates the labor contract between the two parties according to the rules and regulations and legal procedures, which does not violate the law and is not illegal.
Is it a personal leave or a sick leave?
Labor dispute arbitration found that the employer did not violate the law.
Whether Tan's behavior belongs to personal leave or sick leave, the two sides can't reach an agreement for a while, and finally submit it to the labor and personnel dispute arbitration institution for arbitration.
However, what Tan didn't expect was that the arbitration institution finally gave the "answer" that it did not support its arbitration request.
In this regard, the relevant person of the labor and personnel dispute arbitration institution replied that in real life, plastic surgery has become very common, and the labor protection they can enjoy varies according to different situations. If restorative plastic surgery is caused by illness or injury and belongs to medical nature, those who have fulfilled the sick leave procedures should enjoy medical treatment. Plastic surgery is purely a private matter out of the love of beauty, not caused by illness or injury, not a medical act, only a personal leave, not a category of sick leave.
"It can be seen that whether it is caused by illness or injury is the key to judging whether it has a medical nature, and it is also the key basis for judging whether it is a personal leave or a sick leave." For example, if the body injury caused by congenital pathological defects such as rabbit lips or cosmetic failure requires plastic repair, it is of a medical nature, and the employer should handle it according to the relevant provisions on sick leave.
According to Wuxi Human Resources and Social Security Department, in 20 16 years, the city handled a total of 24,537 cases of various labor and personnel disputes, of which 8 164 cases were accepted. Relevant parties hope that employers and workers will learn labor laws and regulations, correctly prevent and rationally handle disputes according to law.