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Hello everyone, I'm Brother Baoshi, have you eaten?
The incident happened in Zhejiang, where his grandfather unfortunately died, and Xiao Li, a worker, applied for bereavement leave from the leader, but the leader did not allow it. So Xiao Li secretly went back, and when the leader found out, he angrily told him that he could go and resign.
Xiao Li, an ordinary company employee, suddenly faced a major change in his life - his grandfather died. At this time, people usually expect the company to understand and care, but the company leader told him that the bereavement leave system does not include grandpa or grandmother.
Xiao Li was unwilling to be bound by this cold system and tried to take annual or personal leave, but the company's leaders rejected his request for leave on the grounds that he was busy, and even said that he could give him a day off at most at the end of the month.
Faced with the rejection of the company's leaders, Xiao Li felt helpless and decided to go home at night after work. However, this action turned into "unauthorized resignation" in the eyes of the leader, who warned him that he must come back early the next morning, otherwise he would have to go through the resignation procedures.
The next day, Xiao Li hurried back to the company after attending his grandfather's funeral, but was misunderstood by the leader and did not come back, and the leader even told him to go through the resignation procedures. All this made Xiao Li's mood even heavier, and he was misunderstood by his family and relatives as indifferent and unfilial.
Xiao Li was unwilling to be misunderstood, so he found the leader to explain and resolve the misunderstanding. However, he found that his family, relatives and friends did not understand and blame him, which made him feel aggrieved. He was caught under the double pressure of family and work.
Under the helplessness of the company and the pressure of his family, Xiao Li decided to express his dissatisfaction on the Internet. He complained about the unreasonableness of the company's refusal to grant bereavement leave, which caused heated discussions in the society at this moment. People are clearly divided in the comments, some think that the company's system is correct, and others support Xiao Li and accuse the company of indifference.
In the case of Xiao Li taking a leave of absence due to the death of his grandfather, we look at the company's handling from a legal point of view. There are three main aspects involved.
First, is it illegal not to grant bereavement leave?According to the circular, the employee's immediate family members, including parents, spouses and children, may take marriage and funeral leave in the event of death. However, the notice does not explicitly state whether the grandfather or grandmother is an immediate family member. From a legal point of view, the company did not break the law.
Second, if it is not allowed to grant personal leave and annual leave, is it illegal?At present, there are no specific mandatory provisions in China's laws. Businesses have greater autonomy in arranging personal and annual leave. Therefore, the company's rejection of Xiao Li's application for annual leave or personal leave is not illegal from a legal point of view.
Third, if an employee goes to the funeral without approval, can the company dismiss the employee on the grounds of absenteeism?According to Article 87 of the Labor Contract Law, if an employee is absent from work for more than 15 consecutive days without excuse during the contract period, or for more than 20 days in total, the employer has the right to terminate the employment contract. However, in Xiao Li's case, he took leave for the funeral and should not be considered as an unexcused absence. Therefore, the company's dismissal of Xiao Li on the grounds of absenteeism may be controversial in law.
Therefore, although the law gives employees a certain degree of protection of their rights and interests, in practical application, the law may have certain limitations. The law often does not cover all situations, and the corporate regime is another set of rules outside the law. Therefore, when disputes arise, especially when the law does not clearly stipulate them, people need not only legal awareness, but also more flexible problem-solving skills.
Finally, I suggest that some business managers should not only look at the system and regulations, but also consider human nature and emotions. It is suggested that enterprise managers should be people-oriented and increase the temperature of the enterprise. This can not only improve the motivation of employees, but also create a better social reputation for the enterprise.