China Employee Loses S$116,000 For Using Medical Leave To Take Child To Hainan

[beijingwalker]

China Employee Loses S$116,000 For Using Medical Leave To Take Child To Hainan​

By Rachel Fong - 24 Apr 2023, 5:16 pm

The former employee of a company in China has lost a compensation of 620,000 yuan (S$116,000) that he received after being fired for misusing his medical leave.

Back in 2019, the man, whose surname is Xu, was let go by his company on grounds of dishonesty and fraud.

He reportedly misused his medical leave to go on vacation in Hainan with his child.

While a tribunal ruled in favour of Mr Xu at first, a court in Beijing has since determined that the company was within its rights to fire him.

As such, Mr Xu now has to return the full compensation money to his former employer.

Employee outed after colleague spotted him at airport​

According to a report by National Business Daily (NBD), Mr Xu first applied for annual leave from end-July to mid-August in 2019.

At the time, he told his manager that he had already bought flight tickets and was getting ready to take his child to Hainan for a vacation.

However, the company rejected his request, saying that he was needed for an important project, South China Morning Post (SCMP) reported.

Not long after that, Mr Xu applied for medical leave for two weeks in July, citing a headache and serious back condition.

The company approved the leave request.

In August, Mr Xu’s manager questioned him about his whereabouts while he was supposed to be recuperating at home.

Mr Xu allegedly lied and said he had been at home in Beijing. His manager then told him that a coworker had reported seeing him at the Hainan airport.

A couple of days after that, the company fired Mr Xu immediately on the basis that he had breached the company’s trust.

This subsequently set off a years-long legal tussle between both parties.

S$116,000 lost was compensation for sudden termination over misused medical leave​

Following his termination, Mr Xu sought help from a labour tribunal.

The tribunal determined that his former company had gone against labour laws. As a result, it had to pay Mr Xu 620,000 yuan (S$116,000) in compensation.

After that, the company filed an appeal against the decision at the Chaoyang District Court, which ended up overturning the tribunal’s ruling.

On his end, Mr Xu filed a counter-appeal that said he had not cheated his employer.

His reasoning was that he owns a flat in Hainan and had travelled there to recover from his ailments.

Nonetheless, the district court upheld its decision that the company had basis to fire him.

They reasoned that Mr Xu’s travel showed that he still disregarded his doctor’s orders of bed rest.

Consequently, Mr Xu has to return the full amount of 620,000 yuan (S$116,000) to his former company.

Employee In China Fired For Using Medical Leave To Go On Vacation, Now Has To Return S$116K To Company

A man lost 620,000 yuan (S$116,000) in compensation that was awarded to him after he got fired for using his medical leave to go on vacation.

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[beijingwalker]

Some trolls here claim that employers can randomly fire people in a whim. the truth is employees are fully protected by employees' friendly Chinese labor laws, it's not that easy for employers to fire people.