By Linda LIANG, LIU Piao King & Wood Mallesons
On April 24, 2017, Beijing Higher People’s Court and Beijing Labor and Personnel Dispute Arbitration Commission jointly issued the Answer on the Legal Application of Labor Dispute Cases (hereafter referred to as “the Answer”). Article 11, Section 3 of the Answer adopts a lenient attitude towards the standard of reviewing unlawful dismissals during the probation period. The Answer clearly points out that, when determining whether laborers meet the recruitment conditions, the standard applied during the probation period may be moderately lower than that after the expiration of the probation period. More than one year has passed since the Answer was issued, by reviewing recent judgments made by arbitration commissions and courts on dismissals during the probation period, further analysis is made regarding new changes as below. Continue Reading New Trends in the Judiciary: How to Dismiss Employees during the Probation Period?
生病看医生是人之常情，谁也不能保证自己百毒不侵永远健康，请病假休息也是劳动者的法定权利。《劳动法》、《劳动合同法》均规定劳动者在病假期间享受病假工资和相应的社会保险待遇，且一定程度上免于在无过错的前提下被单方解除或终止劳动合同。但劳动者请病假也并非随心所欲，《企业职工患病或非因工负伤医疗期规定》进一步规定了医疗期以明确劳动者享受病假的方式和限制。虽然对生病的员工应该给予阳光般的关怀，但对于恶意请“病假”和病假超过了法定额度的情况，用人单位还是不得不严肃对待，下面我们就说说用人单位需要注意的病假那些事儿。 