Travelling Abroad During Sick Leave: Are You Kidding Me?

作者/编者:Xu Xiaodan, Li Hongchuan
作者单位:金杜律师事务所
创作年代:2017
出处/来源:金杜律师事务所
学科分类:劳动法学
所属机构:金杜律师事务所
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摘要

An employee joined the company last March. At the end of March, he submitted a “Certificate of Diagnosis” of cervical spondylosis, claiming that he needed to rest for half a month as per doctor’s advice. Three days after approval of his sick leave, the company found that he posted several selfies took on the beach on his WeChat Moments, with the location shown as Brazil. The company believed that this employee intentionally applied for sick leave to take a holiday abroad, and the company was completely deceived by his dishonest behavior. On the ground of “gross misconduct”, the company terminated his employment contract. Consequently, the employee submitted the dispute to the Arbitration Commission. After reviewing case materials, the Arbitration Commission found that the diagnostic was signed by the attending physician and sealed by the hospital, which means it is authentic. Meanwhile, the company’s internal policies do not restrict the location where employees may take their sick leaves. This article will analyze some questions in this case.

关键词: Sick Leave; Gross Misconduct; Labor Dispute

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