Fired for Attending Father's Funeral, Folk Customs and Human Relations Should Be Respected

Compiled from: Shanghai No. 2 Intermediate People's Court, Xinhua Micro Commentary
 
Case review
Wang is a security guard at a certain property management company in Shanghai. According to the company's attendance system regulations, if an employee accumulates three or more days of absenteeism (inclusive of three days), it is considered a serious violation of the company's rules and regulations. The company has the right to terminate the labor contract early and, according to the law, will not provide economic compensation.

 
 

On January 6, 2020, due to his father's serious illness, Wang submitted a leave request to his supervisor and hurried back to his hometown in Anhui. The leave period was from January 6 to 13. Because Wang worked a two-days-on, one-day-off schedule, the 7th, 10th, and 13th were his rest days.
 
The next day, because the company did not approve leave, Wang returned to Shanghai. On the way back, he learned that his father had passed away. Wang reported this to his supervisor, who told him to return home and handle the arrangements for his father's affairs. Wang then went home again. After that, the company did not contact Wang again. On January 14, Wang returned to Shanghai and went to work the next day.
 
On January 31, the company terminated the labor relationship with Wang due to his accumulated absenteeism reaching 3 days.
 
Wang applied for labor arbitration, requesting the company to pay compensation for illegal termination of the labor contract, among other things. The labor arbitration committee ruled that the company pay 7.5 yuan in compensation for the illegal termination of the labor contract. The company was dissatisfied and filed a lawsuit with the court.
 
 
First-instance judgment
The court of first instance holds that when exercising management rights, an employer should follow the principles of reasonableness, limits, and good faith. Terminating a labor contract is the most severe disciplinary measure, and employers should be especially cautious in using it.
 
On January 6, Wang took leave, and the company did not approve it in time on the same day, so that day should not be considered as absenteeism. Wang's hometown is in another province, and the travel time was considerable. After deducting 3 days of bereavement leave, Wang actually only requested 2 days of personal leave, which falls within a reasonable period. The company's refusal to approve is obviously inconsiderate and also contradicts the purpose of establishing personal leave regulations. The company's termination of the labor contract ignored the context of the situation, mechanically applied the rules, and strictly enforced labor management, which is clearly inappropriate. Accordingly, the first-instance court ruled that the company should pay Wang compensation for the illegal termination of the labor contract.
 
The company disagreed and appealed, arguing that Wang suddenly requested leave early on January 6 and left without waiting for company approval, indicating an intentional absence; moreover, the proof Wang provided regarding his father's death and cremation was issued by the village committee, making its authenticity unverifiable, and the company had doubts about the timing of his father's death and cremation; the state has established statutory bereavement leave, and for leave beyond the statutory period, the employer has full authority to approve or deny it.
 
 
Second-instance judgment
The Shanghai Second Intermediate People's Court holds that during the performance of a labor contract, both the employer and the employee have the obligation to perform the contract earnestly, fully, and properly. Employees have the obligation to consciously maintain the employer's labor order and abide by the employer's rules and regulations; the boundaries and methods of exercising the employer's managerial rights should also be in good faith, tolerant, and reasonable.
 
Wang did not actually go to work for 9 days, of which 3 days were his rest days and 3 days were statutory bereavement leave. Among the remaining 3 days, Wang had requested leave from the company on January 6, but the company did not approve it in time. Wang only learned on January 7 that the company had not granted the leave. Since the company did not exercise its approval authority in a timely manner, January 6 should not be considered as absenteeism.
 
Regarding whether the remaining 2 days of personal leave should be approved, the Shanghai Second Intermediate People's Court believes that, looking at the case as a whole, Wang's request for leave was justified. He returned to his hometown to handle his father's funeral, which aligns with the traditional ethics and good customs of the Chinese nation, and is beyond reproach. The company should also treat him with the tolerance and empathy of an ordinary good person.
 
Regarding the company's objections to the timing of Mr. Wang's father's death and funeral and cremation, the Shanghai No. 2 Intermediate People's Court held that the certificate issued by the relevant village committee showed that the time between Mr. Wang's father's death and his cremation and burial was within a reasonable range. Respecting customs and showing consideration for the specific difficulties and misfortunes of employees is also an obligation that employers should fulfill; therefore, the company's claims were not accepted.
 
In summary, the Shanghai Second Intermediate People's Court ruled to reject the appeal and upheld the original judgment.
 
 
[1] The author's perspective
Respecting the elderly and caring for the young, as well as honoring and respecting parents, are traditional virtues of the Chinese nation. Among all virtues, filial piety comes first. Parents give us life and nurture us as we grow. When they grow old and need our attention, care, and concern, it is the time for us to fulfill our filial duty and take responsibility. This is not only dictated by human nature but also a legal obligation of children.

 

In today's context of promoting the traditional virtues of the Chinese nation and fostering family harmony and social harmony under the socialist core values, the judgment in this case, from the perspective of judicial adjudicators, corrects the deviation in enterprises' understanding of employment management and clearly demonstrates to society the value orientation that the judiciary pursues and advocates.
 
To maintain stable and harmonious labor relations, during judicial review, the law restrains the stronger party and protects the weaker party in order to maintain a balance of interests. As managers, employers naturally have managerial authority over employees, and they have the right to approve employees' leave requests. However, the exercise of managerial authority by employers should be guided by good faith in both boundaries and methods of exercise.
 
When workers request leave due to specific difficulties, employers should review the leave with the obligation of an ordinary reasonable person and should respect local customs and show consideration for employees. The Shanghai No. 2 Intermediate People's Court, in the course of protecting workers, upholds the concept of respecting good customs and safeguarding workers' legal rights. Behind the obscure and difficult-to-understand legal provisions, greater attention should be paid to both natural justice and human sentiment, as well as customs and human ethics.