With the intensification of social aging, only child families and migrant children are facing more family affairs problems of caring for the elderly. In this case, should employers grant employees the right to personal leave? How to balance "protecting the legitimate rights and interests of workers" and "maintaining the normal operation of the company"?

Case Review

Wang applied to a company for 2 days of annual leave and 8 days of personal leave because he needed to accompany his father for surgery, and the relevant personnel of a company agreed to approve. During the leave period, Wang assisted in office work online. Since Wang's father was not fully awake after the operation and still needed to be accompanied, Wang applied for personal leave for 5 days, but a company did not approve, and Wang continued to accompany his father. Later, a company sent a Notice of Termination of Labor Contract to Mr. Wang.

Wang Mou believed that the reason for his leave was reasonable, and a company terminated the labor relationship with him accordingly, which was illegal, so he sued a company to the court. A company argued that Wang was absent from work. According to the company's rules and regulations, the company has the right to terminate the labor relationship with Wang, which is legal.

The court held that Wang applied for personal leave from a company on the ground that his father needed to go home to take care of him when he was ill, which conformed to the traditional ethics and good customs of the Chinese nation. Mr. Wang went through the formalities of asking for leave according to the procedures, which met the company's requirements. However, a company refused to approve this, which was obviously unfriendly and violated the purpose of setting up the personal leave system.

A company cancels the labor contract on the ground that Wang is absent from work, which is an act of ignoring the background of the incident, the applicable rules and regulations of machinery, and the strict implementation of employment management, which is obviously improper and illegal.

To sum up, the court decided that a company constituted an illegal termination and required to pay Wang 40000 yuan of compensation for illegal termination of labor contract.

[People's view]

"It is the responsibility and obligation of children to take care of and accompany their sick parents." Shen Jianfeng, a professor at the School of Law of the Central University of Finance and Economics, believes that employers should follow the principles of law, rationality, good faith and limitation in the process of using work management rights, and try to meet the interests of workers within the necessary limit to ensure the realization of business interests; When workers handle personal or family emergencies, they should respect and understand as much as possible, and protect the legitimate rights and interests of workers according to law.

Wu Yangfan, a judge of the Third Intermediate People's Court of Beijing, suggested in an interview with "People's Opinions" that in similar circumstances, employees should go through the leave procedures as required by the company, submit the certificate of leave, abide by the company's rules and regulations, maintain the company's labor order, and respect the employer's employment management rights; In the process of management, employers need rigid systems and more humane temperatures. They should reasonably use the right to work management, follow the principles of rationality, good faith and limitation, give employees some respect and understanding, and avoid rigid application of rules and regulations to directly terminate labor contracts. (Gao Qingyang intern Su Manke)

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