Terminating an employee who claims sick leave in China presents
significant legal challenges, even when the employer suspects the
absence may not be legitimate. This case illustrates how PRC labor
protections severely limit an employer's options and why
mutual termination
often becomes the only practical solution.
Background
A Company sought to terminate an Employee who had been absent
from work without applying for leave, but subsequently submitted a
sick leave application supported by medical documentation. As a
result of the Employee's unauthorized absence, the Company had
to assign a different employee for an on-going project at a
customer's site.
Key Facts
- The Employee was absent without Company approval.
