Eastern China Appeals Court Rules on Employer’s Right to Terminate Employee for Unauthorized Absence, Upholds Dismissal

Eastern China Appeals Court Rules on Employer’s Right to Terminate Employee for Unauthorized Absence, Upholds Dismissal in 6,448 Yuan Dispute

Case Overview

A company in Eastern China appealed a lower court decision that found it had wrongfully terminated an employee who was absent after a medical leave. The appellate court reversed key findings, ruling that the employee’s failure to follow proper请假 procedures after his approved leave ended constituted valid grounds for dismissal under company policy. The case involved a dispute over 6,448.52 yuan in compensation and medical expenses.

Case Background and Facts

The employee, Mr. Chen, worked as a welder for Weimeite Company (the employer) under a three-year contract signed on November 8, 2009. His average monthly salary was 3,000 yuan. On June 7, 2010, Mr. Chen sought medical treatment for right eye optic disc vasculitis and requested leave. He was hospitalized from June 9 to June 14, incurring medical expenses of 1,930.16 yuan. The hospital issued medical certificates recommending rest for one week on June 14 and another week on June 20.

Mr. Chen initially received approval for two days of leave on June 7 and then for ten days on June 9. However, after June 19, Mr. Chen did not submit any further leave requests. On June 23, 2010, at 6:00 PM, the company posted a notice terminating Mr. Chen’s employment, citing three consecutive days of unauthorized absence as a serious violation of company rules.

Court Proceedings and Evidence

Mr. Chen filed for arbitration on July 7, 2010, seeking termination compensation of 5,600 yuan, double wages for a period totaling 4,200 yuan, and medical expenses of 2,090 yuan. The arbitration commission awarded Mr. Chen 5,600 yuan in termination compensation and 848.52 yuan in medical expenses, but denied his other claims. The employer challenged this decision in court.

The lower court found that Mr. Chen’s absence was justified by his medical condition and that the employer had a duty to inquire about his situation. It ruled the termination was unlawful and ordered the company to pay 6,448.52 yuan total. The employer appealed.

During the appeal, the employer presented evidence that Mr. Chen had signed an employee record card acknowledging the company’s rules. The company’s internal regulations stated that unauthorized absence of four hours or more counted as one day of absenteeism, and that three cumulative days of absenteeism constituted a serious violation warranting termination. The employer also showed that Mr. Chen had signed leave request forms stating that failure to return or extend leave after the approved period would result in automatic resignation.

The appellate court found that while Mr. Chen had properly requested and received leave through June 19, there was no evidence he sought approval for the period from June 21 to June 23. The court determined this constituted three consecutive days of unauthorized absence under company policy.

Court Findings and Judgment

The appellate court held that the employer had not unlawfully terminated Mr. Chen’s contract. The court found that Mr. Chen’s failure to follow the company’s leave procedures after his approved medical leave expired constituted a valid basis for termination under the company’s regulations, which Mr. Chen had acknowledged. The court noted that the lower court’s finding that Mr. Chen had been absent for fewer than three days was factually incorrect.

However, during appellate mediation, the employer agreed to make a goodwill payment of 5,600 yuan to Mr. Chen. The court approved this arrangement and upheld the lower court’s order regarding medical expenses of 848.52 yuan. The final judgment dismissed the employer’s appeal but effectively confirmed the original monetary award based on the mediated agreement.

Key Legal Principles

This case illustrates the principle that an employee’s right to medical leave does not eliminate the obligation to follow proper请假 procedures as defined by company policy. The court emphasized that when an employee has acknowledged and agreed to company rules, those rules govern the employment relationship. The case also demonstrates that employers may rely on their internal regulations to terminate employees for unauthorized absence, provided the regulations are clear and the employee has notice of them.

Practical Insights

Employees should understand that medical conditions do not automatically excuse them from following company leave procedures. After an approved leave period ends, employees must either return to work or formally request additional leave. Employers should ensure their attendance policies are clearly documented and communicated to employees. This case also shows that while appellate courts may reverse lower court decisions on legal grounds, parties can still reach mediated settlements to resolve disputes.

Legal References

Labor Law of the People’s Republic of China, Article 3
Labor Contract Law of the People’s Republic of China, Articles 39, 47, 48, 87
Civil Procedure Law of the People’s Republic of China (2007 Revision), Article 153, Paragraph 1

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.