Incident is answered put
Last year in December the middle ten days of a month, penny suffers from went up chronic illness, comply with the doctor enjoins recuperate is in the home, give a department sick leave single cross. Penny of the beginning of the year receives what the enterprise sends suddenly to retreat labour requisition this year, the reason that quits work is termination of contract ends working relationship, ask penny comes to an enterprise deal with as soon as possible leave one's post formalities. After penny receives the requisition that quit work, contact with the enterprise namely, state oneself still are in sick rest, the company cannot stop labor to concern with its. For many times bargaining not if really, penny can apply for labor arbitration only, requirement labor is arbitral appoint cancel enterprise and the decision that its terminate a contract, restore labor relation, labor is arbitral appoint classics after examining, give accept.
Relevant provision
This case controversy focus is the worker is inside medical treatment period, but labor contract already expired, whether can unit of choose and employ persons agree the same term full already, add signs a contract and stop with its no longer with its labor concerns. Basis " rules of Shanghai labor contract " thirtieth sets 9 times, employee is like sicken to perhaps be wounded, although the enterprise tells a worker termination of contract does not renew autograph contract beforehand, want a worker to be in only formulary medical treatment period inside, the enterprise cannot end working relationship with its. Unless the worker disobeys work discipline badly to perhaps servantchoose a person for a job of unit regulations system, serious neglect one's duty, jobbery, cause to profit of unit of choose and employ persons great damage, be found out lawfully of criminal responsibility etc, the enterprise can terminate labor contract with its. Penny although termination of contract, but still be inside medical treatment period, although both sides agrees the same term full already, but enterprise ought to its labor contract comes postpone afore-mentioned case disappear. Accordingly, the enterprise should restore labor relation with penny, continue to fulfill labor contract to expire to medical treatment with penny.
