Question:
Due to my seriously ill mother and family responsibilities, I submitted a request to the company to take an unpaid leave of absence for 1 month to take care of my mother at home. Due to my mother’s deteriorating condition, I stayed in my hometown for an additional 10 days and informed the company via phone. In reality, I took a leave of absence for 1 month and 10 days, and then I returned to work. However, the company did not allow me to return, stating that I exceeded the approved leave period, and they considered it a violation of company discipline, allowing them to unilaterally terminate my employment contract. Is the company’s response correct?
Answer:
Your request for an unpaid leave of absence for 1 month, as stipulated by labor law, constitutes an agreement between you and the company to temporarily suspend the implementation of the employment contract for 1 month. By taking an additional 10 days off and then returning to work, the company’s refusal to reinstate you is in violation of labor law.
Specifically, Article 31 of the Labor Code 2019 regulates the reinstatement of an employee after the temporary suspension of the employment contract as follows:
“Within 15 days from the expiry of the suspension period of the employment contract, the employee shall be present at the workplace and the employer shall reinstate the employee under the employment contract if it is still unexpired, unless otherwise agreed by both parties or prescribed by law.”
Therefore, as you returned to work within 15 days from the end of the temporary suspension period, you complied with the provisions of labor law. Consequently, the company does not have the right to unilaterally terminate your employment contract. You can file a complaint or legal action against the company to protect your legitimate rights and interests.
