[Direct answer]It's usually legal. Article 39 of the Labor Contract Law of the People's Republic of China (amended in 2012) stipulates that if a worker seriously violates the rules and regulations of the employing unit, the employing unit may terminate the labor contract. Article 4 requires that the rules and regulations involving the workers' vital interests must be formulated and publicized through democratic procedures. Using forged or false sick leave certificates is a violation of the obligation of good faith and attendance management; if the unit's rules and regulations have clearly listed providing false sick leave certificates as a serious violation of discipline, and it can be proven that the certificates are forged, the termination of the labor contract will generally be supported.

I. Problem Background and Typical Scenarios

In practice, false sick leave is often seen in situations such as purchasing forged sick leave notes, having others issue certificates on their behalf, or fabricating long-term leave for minor illnesses. Common disputes include: the employer making a termination decision solely based on suspicion; the employer obtaining hospital certificates to confirm the lack of medical records; and the employee claiming that they were indeed ill but the proof was not in the standard format. When courts in Beijing adjudicate such cases, they will review whether the employer has fulfilled its obligation to inform the employee of the system, whether the employee was given an opportunity to defend themselves, and whether the termination decision was made within a reasonable timeframe. Moreover, such issues often involve multiple parties and legal relationships. Clarifying the parties' positions, responsibilities, and applicable rules is a prerequisite for resolving the dispute. The more complete the materials and clearer the timeline, the greater the initiative the parties can grasp in subsequent negotiations and litigation. When conducting a detailed analysis, it is recommended to take the timeline as the main line and correspond the contract, certificates, communication records, and relevant legal basis one by one, forming a clear processing framework to facilitate the determination of the priority and feasibility of various claims.

II. Key points of contention

First, whether providing false sick leave certificates constitutes a serious disciplinary violation. Second, whether the conditions for the effectiveness of the rules and regulations are met. Third, the burden of proof and standard of proof for the unit to prove the falsity of the certificates. Fourth, whether the union's notification and defense procedures have been carried out. Fifth, whether the proportion between the severer punishment of dismissal and the lighter punishments of warnings and demerits is appropriate. Sixth, whether the order of rights claims and preliminary procedures has been satisfied. Seventh, whether the authenticity, legality, and relevance of the evidence can withstand scrutiny. Eighth, how to balance the interests of third parties with public interests. Ninth, how to trade off the advantages and disadvantages of efficiency and results between reconciliation, mediation, and adjudication. In addition, attention should also be paid to whether the form of evidence is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path to be advanced should be determined.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that such cases revolve around two aspects: "facts" and "procedures". On the factual level, the employer generally needs to provide evidence by verifying with the hospital that there are no medical records, authenticating the authenticity of the appraisal seal, or comparing the format of the certificates. Mere suspicion is not enough to support the termination; if the evidence is indeed false, the worker's defense space is limited, especially when the worker's position involves integrity requirements or has repeatedly engaged in similar behaviors, the possibility of being deemed to have committed a serious disciplinary violation is even greater. On the procedural level, the employer should ensure that the rules and regulations are legal and effective and have been publicly announced and notified. The termination decision should be notified in writing and with reasons, and where a trade union has been established, the trade union should be notified in accordance with the law, while giving the worker the opportunity to defend himself. If there are obvious procedural flaws, even if the facts are established, the termination may still be deemed illegal, in which case the worker can claim corresponding compensation. It should be noted that once the fabrication of sick leave is confirmed, it may also affect subsequent job-hunting background checks and the trust foundation of the labor relationship.

IV. Practical suggestions and legal basis

Action list: First, verify whether the unit's rules and regulations are legal and effective and have been publicly announced; Second, request the unit to provide a written explanation and evidence for the termination; Third, preserve evidence of your actual illness or the process of requesting leave; Fourth, review whether the termination complies with the procedures for notifying and defending against the union; Fifth, promptly apply for labor arbitration to claim compensation if the termination violates the law. For disputes involving the termination of labor contracts, you can refer to the relevant provisions of the Labor Contract Law and the Labor Arbitration Law.Labor arbitration and work-related injury compensationFor issues concerning the legality of regulations and rules, you can refer to the following materials for reference.Business and contract disputes in enterprisesLegal basis: Articles 4, 39, 43, 48, and 87 of the Labor Contract Law of the People's Republic of China (amended in 2012). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, providing false sick leave certificates carries extremely high risks and may directly affect labor relations. Secondly, the unit's termination must be based on a legal and valid system. Thirdly, the union's notification and defense process in the termination procedure cannot be ignored. Fourthly, for unlawful terminations, claim compensation in a timely manner, and the arbitration statute of limitations is one year. Fifthly, in the dispute, the unit should be required to provide evidence to prove the falsity of the certificates and the basis of the system. Mere suspicion or unilateral determination is not sufficient to support the termination; if the unit's procedures have defects, even if the facts are established, the termination may still be deemed unlawful. For disputes involving termination and claims, you can seek assistance through legal channels.Labor arbitration and work-related injury compensationThe service is supported, and it can be combined with the review of enterprise systems and employment complianceBusiness and contract disputes in enterprisesFor plates involving the enforcement of compensation payments, you can refer to the relevant information for reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Is it legal to be dismissed for using a fake sick leave note?

It is generally legal. Providing false sick leave certificates violates the obligation of good faith. If the unit's rules and regulations have listed it as a serious disciplinary violation and been formulated and announced through democratic procedures, and the falsity of the certificate can be proven, the termination of the labor contract in accordance with the law will generally be supported. Such issues must also be judged based on complete materials and statutory periods. The parties concerned should promptly fix evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths with the assistance of professional lawyers and claim rights in a timely manner to reduce the adverse effects of insufficient evidence or the expiration of deadlines.

Q2: Can I request compensation if I'm dismissed?

It is necessary to distinguish the circumstances. If the system on which the dismissal is based is invalid, the unit fails to provide sufficient evidence, or there are obvious flaws in the procedure, the dismissal may be deemed illegal, and the worker may claim compensation; if the facts are clear and the procedure is legal, it will be more difficult to obtain support. Such issues must also be judged based on complete materials and statutory periods. The parties should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path with the assistance of a professional lawyer and claim rights in a timely manner to reduce the adverse effects of insufficient evidence or the expiration of deadlines.

Q3: How long does it take to arbitrate such disputes?

Labor arbitration generally issues a ruling within 45 days from the date of acceptance, and the time limit may be extended according to law for complex cases. If the party is not satisfied with the ruling, they may file a lawsuit with the people's court within 15 days. Subsequently, the case will go through first-instance and second-instance trials. Such issues also need to be judged based on complete materials and statutory time periods. The parties should promptly fix evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths and assert rights in time with the assistance of professional lawyers to reduce the adverse effects of insufficient evidence or the expiration of time limits.

Q4: Does the unit need to prove that the sick leave note is fake?

Generally, the burden of proof lies with the employer, which can be proved by verifying the absence of medical records with the issuing institution, comparing the seals and formats, and retrieving surveillance footage. If there are only suspicions but no evidence, it is difficult to support the decision to terminate the employment contract. Such issues must also be judged based on complete materials and statutory timeframes. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate approaches with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects of insufficient evidence or the expiration of time limits.

Q5: What procedures do I need to follow if my employer terminates my contract?

The employer shall notify the worker in writing and provide reasons. Where the employer has established a trade union, the employer shall notify the trade union of the reasons for the termination in advance in accordance with the law, and at the same time give the worker the opportunity to make a statement and defense. Procedural defects may affect the legality of the termination. Such issues must also be judged in combination with complete materials and statutory periods. The parties concerned should promptly fix evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths and claim rights in time with the assistance of professional lawyers to reduce the adverse effects of insufficient evidence or the passage of time limits.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of rulings in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.