How To Protect Employees' Sick Leave If They Refuse To Resign Voluntarily?

Wang, a woman, was hospitalized because of illness.

Rejected, "privately" after going out to see a doctor, was rejected by the unit, in a rage, unilaterally proposed to dissolve the labor contract with the unit, the original work unit should be compensated by nearly 14 thousand yuan by the arbitration, the unit refused to accept it to the court.

Recently, the Huaiyin District People's Court of Huaian city of Jiangsu province concluded the case, and sentenced Wang's original work unit to pay her related economic losses totaling 15701.95 yuan.

The 35 year old Wang was originally a unit operator in Huaiyin District of Huaian, with an average monthly salary of more than 2000 yuan. The two sides signed a labor contract with a fixed term, and the contract period was from May 1, 2013 to April 30, 2016.

But in July 23, 2015, Wang himself sent a copy of the labor contract to the unit through the post office.

Under the premise that the labor contract did not expire, she took the initiative to terminate the contract with the unit from July 24th.

According to Wang, she took a leave of absence in July 23, 2015 to see a doctor. Because the workshop director did not go to work for a week, she found the other person in charge of the unit to ask for leave. Whoever was scolded, she could not help but made a few complaints.

However, after Wang came back from the hospital, the security officer said that the relevant person in charge of the unit refused to allow her to enter the factory area, so she called the responsible person who had had a quarrel with her before.

Wang felt that he was sick and refused to go out to see a doctor. He was rejected by the unit after seeing the disease and was forced to dissolve the labor relationship with the unit in disguised form.

So she wrote a "release" on the spot.

The notice is mailed to the unit, which requires the termination of the labor contract relationship with the unit from 24 days.

Because he felt that he was forced to terminate the labor contract with the unit, Wang applied for labor arbitration to the labor and personnel dispute arbitration committee of Huaiyin District, Huaian, and asked her original work unit to pay for his overtime, economic compensation, economic compensation, payment in lieu of notice, unemployment compensation, and so on.

In November 17, 2015, the Huaiyin District Arbitration Commission ruled that Wang's original work unit paid her 13945.8 yuan for the economic compensation of her labor contract.

The employee himself proposed to quit, and the unit still lost money. Wang's original work unit could not figure it out, so Wang went to court.

The court held that Wang really went to hospital on July 23, 2015 and 24 days to two days. For the sick workers, the employer should give sick leave, but Wang's original unit failed to give her sick leave. The unit damaged the legitimate rights and interests of Wang as a laborer, causing Wang to be forced to terminate the labor relationship with the original unit. Therefore, Wang's work unit should pay for the loss of economic compensation such as Wang's rescission of the labor contract.