Grassroots lawyers also have spring

Chapter 348 Fake Sick Leave

"No way! We don't know each other. If you have anything to ask, I will definitely help you." Wang Chuan said with a smile.

Many friends have many paths. Besides, Wu Zhe is also the head of the company's legal department, and he still has some power in his hands. It will be of great benefit to him to make more friends like this!
The two chatted for a few more words and hung up the phone.

Just as he was about to get off work, Wang Chuan received a call from the Chaoyang Court that Wanhui's case would start at nine o'clock in the morning on Thursday, November 27.

Originally thought that Zhao Xiaohua would take the initiative to contact herself after taking the money, but she didn't receive a call after a whole week, Wang Chuan couldn't sit still: this time it won't be a waste of work again!

Early on Friday morning, Wang Chuan went to the Xicheng District Labor Arbitration Tribunal, where the labor dispute case of China Tajikistan International was held.

The applicant's human resources manager did not come forward. She hired a female lawyer to represent her case.

"Has there been any change in the applicant's request?" asked a female arbitrator in her 40s.

"There is no change. We require the respondent to pay compensation for illegal termination..." said the female lawyer.

"It goes without saying if there is no change, the respondent should make a defense! The respondent, the defense should be concise and to the point, don't go into too much detail and make a long speech." The female arbitrator impatiently interrupted the female lawyer's speech.

"We disagree with the applicant's request.

First, the respondent did not terminate the labor relationship illegally.The reason why the respondent terminated the labor relationship with the applicant was that the applicant submitted a false sick leave certificate. The applicant's behavior violated the company's rules and regulations, so the labor relationship between the two parties was terminated.

The defense is over! "Wang Chuan said.

"The applicant has to provide evidence," said the female arbitrator.

"The first piece of evidence is the "Notice of Termination of Employment Relationship" issued by the respondent, which proves the purpose: the applicant and the respondent have a labor relationship.

The second piece of evidence is the certificate of asking for sick leave submitted by the applicant. The original copy is at the respondent's place, and the purpose of the proof is: the applicant has strictly followed the rules and regulations of the respondent to perform the leave system.There is no violation of laws and regulations, and the termination of the labor relationship by the respondent is an illegal termination.

The third piece of evidence, the applicant's salary income, proves the purpose: the average monthly salary of the applicant before being illegally dismissed was [-] yuan.The respondent should pay the claimant twice the compensation of [-] yuan.

The proof is over! " said the female lawyer.

"The respondent cross-examined. Remember to be brief and clear," said the female arbitrator.

"We recognize the authenticity, relevance and legitimacy of the first piece of evidence.

The originals of the second evidence are indeed in the respondent's possession, but we do not recognize the authenticity of the other sick leave certificates except the authenticity of the first one.We also do not endorse applicants for certification purposes.

The authenticity of the third evidence income is recognized, but not for the purpose of proof.The respondent did not have any illegal termination of the labor relationship, so compensation should not be paid.

Cross-examination is complete! "Wang Chuan said.

"The respondent presented evidence," said the female arbitrator.

"The first piece of evidence is the notarial certificate issued by the notary office regarding the photo of the applicant's Koukou space. Under the photo of the applicant, there is a message from the applicant: For example, I went to the Bund today, it was so beautiful! I came to the West Lake again, the water of the West Lake My tears, Fahai, I’m going to copy your lair! Arrived in Hong Kong this afternoon, the weather is very good, everyone has something to buy, please leave a message for me.

Proof that the applicant has traveled to the Bund in Shanghai, West Lake in Hangzhou and Hong Kong during sick leave.The diagnosis time of the sick leave certificate submitted by the applicant overlaps with the time of the photo and message on QQZone, which proves that the sick leave certificate submitted by the applicant after the second time is false, the applicant did not actually go to see a doctor, and the applicant asked for sick leave The purpose is to travel.

The second evidence is the rules and regulations of the respondent and the receipt and training records signed by the applicant.Evidence that the claimant is aware of the respondent's rules and regulations.

The proof is over! "Wang Chuan said.

"The applicant's cross-examination should be concise." The female arbitrator said routinely.

"The first piece of evidence, the authenticity approval, proves that the purpose is not approved.

The applicant went to other provinces to seek medical treatment, and to visit tourist attractions along the way to relax.The claimant has submitted the leave certificate as required by the respondent, and the respondent has also approved the claimant's leave, so it does not constitute absenteeism.

The second evidence, the applicant's approval.Cross-examination is complete! " said the female lawyer.

"Applicant, you said that you went to other provinces for medical treatment. Do you have a medical diagnosis certificate? Or other supporting materials?" the female arbitrator asked.

"The applicant went to Shanghai, Hangzhou and Hong Kong this time to see several Chinese medicine practitioners in private clinics. Do you understand that private clinics are the kind of barefoot doctors to put it bluntly. Therefore, there is no diagnosis certificate," the female lawyer said.

"You also went to Hong Kong to see a barefoot doctor?" the female arbitrator asked.

"Uh...there is a qigong master in Hong Kong, who is said to be able to heal diseases with qigong, so the applicant went to Hong Kong." The female lawyer rolled her eyes and said.

"You have said so much, do you have evidence?" the female arbitrator asked.

"No!" said the female lawyer.

"Let me ask again, how did the community hospital issue a diagnosis certificate when the applicant went to other provinces to see a so-called barefoot doctor?" the female arbitrator continued to ask.

"It should be opened by her parents." The female lawyer had thought of this issue before, so she communicated with the applicant on this issue before the trial.

"That means the applicant was not present." The female arbitrator said.

"Yes." The female lawyer had to admit.

……

"Now it's up to both parties to make the final statement. The applicant makes the final statement," said the female arbitrator.

"The applicant believes that it has already submitted the application for leave to the respondent, and the respondent has also approved it, so there is no violation of the applicant's leave application.

In addition, although the claimant went to Shanghai, Hangzhou, Hong Kong and other places during the sick leave, and engaged in activities that were inconsistent with the sick leave, which was likely to aggravate his illness, the behavior of the claimant was inconsistent with the original intention of the respondent to approve the sick leave.

However, the sick leave certificates issued by the applicant are all true and valid, and the respondent has approved the applicant's sick leave, so where the applicant goes and what to do during the sick leave should not be restricted by the respondent. That is to say, the applicant can freely control the time, which is the right of the applicant.

Therefore, the respondent's termination of the labor relationship with the claimant on this ground is an illegal termination, and compensation should be paid.

That's it! "The female lawyer said sonorously.

"The respondent made a statement." The female arbitrator glanced at her watch, feeling a little impatient.

(End of this chapter)