1. Case Introduction
Mr.Wang joined in Construction Company A in 1997 as an manager
with no written agreement about remuneration. Wang and Company A
both agreed in the labor contract that the company is entitled to
adjust Wang's position according to the actual condition and
Wang's performance. Also, Wang's remuneration depends on
the position, i.e. position adjustment would lead to remuneration
changes. In 2013, adjusted by the group company, Wang was
transferred into Company B and served as the Vice General Manager
with remuneration and benefits maintained, and right and obligation
of Company A agreed in labor contract were taken over by Company
B.However, Wang applied for several sick leaves out of his lumbar
disc herniation from 2014, and has been absent from work since July
2015. Among these years, Wang has been in sick leave for 103 days
in 2015, 327 days in 2016 and 268 days in 2017 so far, while he
also enjoyed the statutory holiday and rest days.
