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Zhejiang, because of the death of his grandfather, Xiao Li went home to pay tribute to the leader's funeral. The leader did not approve Xiao Li to go home on the grounds of work, and Xiao Li had no choice but to go back secretly. As a result, the leader said that he would be fired.
What the hell is going on?
Xiao Li's grandfather passed away not long ago, because his grandfather has been very good to him since he was a child, so Xiao Li wants to take funeral leave to go back to the funeral. The company leader told him that the bereavement leave did not include his grandfather, so he did not approve it.
Xiao Li was angry and thought that this company was too inhumane, so he said that he would take a personal leave. But the leader had a job that was busy and rejected his application. Xiao Li is very helpless, filial piety comes first, and he must go back to see his grandfather for the last time. So when the leader didn't pay attention, he drove back.
The day after attending the funeral, Xiao Li hurried back. But the leader sent a WeChat message saying that he would fire him and asked him not to come back.
Xiao Li was very aggrieved, and his relatives said that he would go back the next day if he was not filial, and the leader wanted to fire him, and he was about to be depressed. So Xiao Li posted his experience on the Internet.
On the Internet, many people expressed their dissatisfaction with the company's handling and their support for the guy. Some netizens think that the company is too indifferent and lacks basic humanistic care for employees;On the other hand, some people criticized the guy, thinking that there was something wrong with him rushing back to the company after his grandfather's funeral. Some people believe that the company should pay more attention to humanized management, care for employees, and not only pay attention to performance indicators;Others believe that the company's refusal to allow employees to take leave is due to consideration of work responsibilities and is in line with workplace norms.
So, what should we look at from a legal perspective?
Clause. 1. It is necessary to pay attention to the scope of application of the statutory provisions on bereavement leave. According to the Notice on Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises, when an employee's immediate family members (parents, spouses and children) die, they may be granted one to three days of marriage and funeral leave with the approval of the administrative leader of the unit. However, this provision does not specifically stipulate the bereavement leave of other relatives, resulting in ambiguity in the scope of bereavement leave, so it is not illegal to take bereavement leave.
Clause. 2. Is it illegal not to give personal leave?
There is no mandatory provision in the law on personal leave, and the right to approve personal leave is decided by the company according to the situation of the enterprise, and the company has the final say.
According to paragraph 3 of Article 143 of the Civil Code, the premise for the validity of civil juristic acts is that they do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. When dealing with the issue of employee leave, the company should be reasonable and fair, and should not violate the law due to individual circumstances.
Clause. 3. Is it legal for the company to fire Xiao Li?
On Xiao Li's way home for the funeral, the company's leaders learned that he did not ask for leave in accordance with the company's regulations, and even left after the night shift. The leader's attitude towards Xiao Li was tough, saying, "I'm going to see you early the day after tomorrow!."And threatened: "If you can't rush back, then you can only leave!."In the emergency situation of returning home, Xiao Li could not take leave according to the company's normal procedures, but faced the threat of resignation.
According to the Labor Law, an employer shall follow certain procedures and conditions for the dismissal of an employee, and shall not dismiss an employee in violation of the statutory regulations. If the company dismisses Xiao Li on the grounds that he has taken leave without approval, it may violate the relevant provisions of the Labor Law, which may bring legal consequences. Dismissal of an employee who does not meet the statutory requirements may face legal liability for the payment of compensation.
Finally, I would like to say that in order to be more humane when dealing with the issue of employee leave, companies can make some adjustments in the system. First, consider expanding the scope of bereavement leave to include more kinship to better meet the needs of employees in exceptional circumstances. Secondly, establish a more flexible leave mechanism, so that it is easier for employees to apply for leave and get reasonable arrangements with the support of the company.
Through this series of improvements, enterprises can not only comply with the law, but also show a more humane and warm side in employee management, and enhance employees' sense of identity and loyalty to the company.