[Direct answer]In the Beijing area, forging sick notes is usually considered fraud, and employers can terminate the employment contract on the grounds of serious violation of the rules and regulations according to Article 39 of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012), without the need to pay economic compensation. However, the employer must provide evidence to prove that the sick note is indeed forged, that the relevant rules have been legally publicized and informed to the employee, and that the termination procedure is legal; otherwise, it may constitute an illegal termination, and the employer shall pay compensation at twice the standard of economic compensation. It is recommended to first fix the evidence, check the rules and procedures, and then decide whether to terminate the contract.

1. Problem background and typical scenarios

In the management of attendance and leave, it's not uncommon for workers to forge hospital sick notes for personal reasons, part-time jobs, or to evade performance evaluations. Common scenarios include: modifying the date of medical visits with software, asking others to issue certificates on their behalf, purchasing fake diagnostic materials, or using online screenshots to pretend they are official sick leave documents. After the employer discovers this, they often dismiss the employee directly for "serious disciplinary violations", and disputes arise between the two parties over whether the sick notes were forged, whether the company's rules were properly publicized, and whether the dismissal was legal. In practice, employees often argue that the company failed to inform them of the rules or that the dismissal process was flawed, while the company emphasizes that the bottom line of integrity cannot be violated. For more information on relevant rules, please refer toLabor arbitration and legal services for work-related injury compensation.

II. Key points of contention

The dispute focuses on three points. Firstly, the determination of the fact of forgery: Whether the sick note is forged needs objective evidence such as a statement issued by the hospital, registration records, and medical visit records. The employer cannot terminate the contract solely based on subjective suspicion. Secondly, the legality of the system basis: The employer must prove that "forging sick leave materials constitutes a serious violation of discipline" has been written into the rules and regulations formulated and announced in accordance with the law, and the employee is aware of this. If the rules are not formulated through democratic procedures or the employee is not informed, it is difficult to use them as a basis for termination. Thirdly, the compliance of the termination procedure: According to Article 43 of the Labor Contract Law, the employer shall notify the trade union in advance before terminating the contract. The lack of procedural requirements may be deemed illegal. In the judicial practice of Beijing, the standards for the employer to provide evidence of the disciplinary violations and the system basis are relatively high and strict.

III. Professional analysis by Henglue Law Firm

A labor dispute handled by Attorney Feng Na clearly explained the principle that "dismissal must have statutory grounds and comply with legal procedures". In August 2025, A Company issued "Notices of Termination of Labor Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that the recruitment procedures were found to be irregular during an inspection. All 12 employees had provided labor services, accepted management, and received salaries during their employment, and some of them had even renewed their labor contracts. A Company claimed that the labor contracts were not registered and that the unlawful recruitment and renewal violated the system, so the dismissal was legal. Attorney Feng Na represented the 12 employees in arbitration, first-instance, and second-instance litigation, pointing out that the labor relationship is established from the date of employment, and the written contract becomes effective upon signing and stamping by both parties. The human resources registration is merely an administrative matter. By comparing Article 39 of the Labor Contract Law and Article 19 of the Implementing Regulations of the Labor Contract Law, the inspection and rectification and irregular recruitment are not statutory grounds for unilateral dismissal. The company's dismissal essentially constitutes an illegal dismissal to evade legal obligations. According to Article 48 of the Labor Contract Law, the employer should continue to perform the contract if the employee requests to continue the employment relationship. All three instances adopted the lawyer's opinion, determining that the dismissal was illegal, revoking the dismissal, and ordering the employer to continue the employment relationship. The second-instance court rejected the appeal and upheld the original judgment, achieving three consecutive victories. This case reminds us that employers are not allowed to dismiss employees on non-statutory grounds such as internal rectification and unregistered contracts. The dismissal of employees for violating disciplinary rules must also meet the three essential requirements of facts, systems, and procedures. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 39 (dismissal due to negligence), Article 43 (notice to the trade union for termination), Article 47 (calculation of economic compensation), Article 48 (consequences of unlawful termination), and Article 87 (double the amount of economic compensation as compensation) of the Labor Contract Law of the People's Republic of China (effective January 1, 2008 and amended on December 28, 2012); and Article 19 (statutory circumstances for termination) of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (effective September 18, 2008). Action list: 1. First, verify and document the written explanations and registration and payment records from the hospital where the employee sought treatment if suspected falsification is found; 2. Second, check whether the clauses on "forging sick leave materials" in the employee handbook have been formulated through democratic procedures and publicly announced and notified; 3. Third, fulfill statutory procedures such as notifying the trade union before terminating the contract; 4. For cases with insufficient evidence, prioritize flexible measures such as verification, interviews, and written warnings; 5. Seek professional legal advice promptly in case of disputes; for more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

5. Henglue Law Firm's Advice

Employee Tip: Forging sick leave materials may not only result in losing your job, but also damage your professional reputation. If you really need to rest due to illness, you should obtain a certificate through formal channels. Employer Tip: Termination is the last resort, and both evidence and procedures are indispensable. Never dismiss an employee directly on the grounds of "integrity issues" when the facts are unclear, otherwise, the compensation for illegal termination and the risk of continued performance will be significant. When handling similar cases in the Beijing area, it is recommended to follow the following procedures:Beijing Henglu Law FirmUnder the assistance of professional lawyers, we evaluate the evidence and procedures to determine the legal boundaries of the termination based on the facts and legal provisions.

VI. Frequently Asked Questions

Q1: Is it legal for the company to terminate an employee for forging a sick leave note?

Not necessarily. The employer must meet three requirements: First, the facts must be clear. The hospital's written proof must confirm that the sick leave note is indeed forged, not just based on subjective suspicion; Second, the system must be based on legal grounds. The employee handbook must list "forging sick leave materials" as a serious disciplinary violation, and it must be formulated through democratic procedures and publicly announced to inform workers; Third, the procedures must comply with the law. Before terminating the contract, the employer must notify the trade union in accordance with the law. If any of the three requirements are not met, the termination may be deemed illegal, and the worker may claim to continue performing the contract or seek compensation at twice the standard of economic compensation. The outcome of the case will be determined based on the evidence and the court's ruling. No lawyer can unilaterally guarantee that the termination is necessarily legal.

Q2: The company suspects that I'm faking a sick leave. What kind of evidence do they need to prove it?

The employer should provide evidence from three aspects: first, the facts of fraud, including hospital visit records, registration and payment receipts, and a written statement issued by the hospital that no certificate was issued. If necessary, apply for handwriting or stamp identification; second, the basis of the system, relevant provisions of the employee handbook, records of democratic procedures, and records of public notification and receipt; third, procedural materials, termination notices, and receipts of trade union notifications. If the worker is questioned, he/she should keep all the valid proofs of the visit to the hospital to prove that the source of the leave is legal and avoid relying on oral arguments to defend himself/herself.

Q3: How much does it typically cost to resolve a dispute over the illegal termination of a sick leave note?

The case acceptance fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the litigation request as the base and paid in stages; for claims for continued performance, the fee shall not be calculated based on the subject matter of the property, and the fee shall be limited. For claims for compensation, the fee shall be calculated based on the amount. The attorney's fee shall be determined through consultation between the law firm and the client, and there is no unified government pricing. The collection of evidence such as appraisal and investigation may incur necessary expenses. Before entrusting, it is recommended to clarify the charging method and stages, and to calculate the cost and expected results together.

Q4: How long does it usually take from arbitration to the second instance of litigation?

Labor disputes must first be submitted for arbitration. If dissatisfied with the arbitration decision, the parties may then file a lawsuit. Arbitration is generally concluded within 45 days from the date of acceptance, and the time limit may be extended if the case is complex. First-instance ordinary procedures are completed within six months, and summary procedures are completed within three months. Second-instance procedures are completed within three months. If the above-mentioned 12 employees proceed continuously from arbitration to first-instance and second-instance litigation, the overall process often takes more than half a year to over a year. If the facts are clear and the disputes between the parties are minor, the timeframe will be significantly shortened.

Q5: If I'm dismissed for taking a fake sick leave, how should I deal with it?

Five steps to proceed: First, require the unit to issue a written notice of termination and state the reasons; Second, organize authentic medical treatment materials, registration and payment records, and communication records with supervisors to prove that the leave is legal; Third, check whether the unit's rules are publicly announced and notified to the trade union; Fourth, apply for labor arbitration against the illegal termination, and claim to continue to perform the contract or compensation; Fifth, if necessary, hire a professional lawyer. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensationPlease note not to skip work or escalate the confrontation, and prioritize collecting solid evidence.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.