Employee providing false diagnosis to fraudulently obtain sick leave pay and dismissed
2024-08-02
Can the employer terminate the labor contract based on the false diagnosis provided by the employee to obtain sick leave wages? Recently, the Third Intermediate People's Court of Beijing announced a labor dispute case of this kind. 【 Case Review 】 Gao is an employee of a transportation company who signed an open-ended labor contract with the company starting from June 1, 2016. On November 17, 2020, Mr. Gao applied to the company for a three-month sick leave and submitted a diagnosis certificate issued by a hospital with a diagnosis conclusion of "depression" and a recommendation to rest for three months, stamped with the hospital's diagnostic seal. After receiving the diagnosis, a transportation company agreed to Gao's sick leave application and paid him wages during the sick leave period. Later, after communicating with a certain hospital and checking the hospital's official website, a transportation company found that the doctor Lin shown on the diagnosis certificate did not have the qualification to issue a "depression" certificate. A transportation company determined that the diagnosis provided by Gao was false and terminated the labor contract with Gao on the grounds of violating company rules and regulations. Mr. Gao disagrees and believes that the company has illegally terminated the labor contract, which has harmed his legitimate rights and interests. Therefore, after labor arbitration, he finally filed a lawsuit to the court, requesting the court to order a transportation company to pay compensation for the illegal termination of the labor contract. During the trial process of the case, upon the application of a certain transportation company, Beijing Third Intermediate People's Court investigated and verified the authenticity of the diagnosis certificate submitted by Mr. Gao to a certain hospital. The hospital's reply stated that "the seal is not true... Mr. Gao has no registration information in our hospital". After the court trial, it was found that both the employer and the employee should abide by the principle of good faith and trustworthiness during the performance of the labor contract. The duty of integrity of workers lies in truthfully stating the basic information directly related to the labor contract, completing labor tasks, and complying with labor discipline and professional ethics. In this case, Gao applied for sick leave from a certain transportation company on the grounds of illness. Based on their trust in Gao, the transportation company paid him sick leave wages. However, according to the confirmed facts, the diagnosis certificate submitted by Mr. Gao from a certain hospital was not issued by that hospital, and Mr. Gao did not provide a reasonable explanation for it. His behavior violates the professional ethics and morals of workers, and is also inconsistent with the socialist core values. In this case, a certain transportation company has the right to terminate the labor contract with Mr. Gao. The court ultimately determined that a certain transportation company had sought the opinion of the labor union on the termination matter and sent a termination notice to Mr./Ms. Therefore, the transportation company was legally terminating the labor contract and did not need to pay compensation for illegal termination of the labor contract. Honesty and credit are important principles of labor law, the cornerstone for employers and workers to establish and fulfill labor relations in accordance with the law, and also an important content of socialist core values. Article 3, Paragraph 2 of the Labor Law stipulates that workers shall complete their labor tasks, improve their vocational skills, comply with labor safety and health regulations, and abide by labor discipline and professional ethics. Accordingly, workers should uphold professional ethics, consciously safeguard the interests of the company and their own professional image. In practice, there are differences in whether employers have made clear provisions on the professional ethics of workers in their rules and regulations. It is generally believed that professional ethics, as the code of conduct for workers' professional activities, is the basic moral requirement for workers at work. Due to the diversity of their production activities, employers may not be able to set standards or establish rules for every violation of professional ethics in their rules and regulations. Therefore, regardless of whether there are clear provisions in the rules and regulations of the employer regarding violations of professional ethics, employees should abide by basic professional ethics, be honest and trustworthy, diligent and responsible. Otherwise, the employer may exercise the unilateral termination right of the labor contract in accordance with the relevant provisions of the Labor Contract Law. In this case, the worker fraudulently obtained sick leave pay for up to three months with a false diagnosis certificate, which violates professional ethics and has a negative impact on the normal management order of the company; Their behavior also violates the principle of good faith and is inconsistent with the socialist core values. Even if the employer's rules and regulations or labor contract do not explicitly stipulate it, the employer can still terminate the labor contract in accordance with the law. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：workercn.cn
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