女青年发短信请假被公司开除

　　□首席记者刘广超记者韩景玮通讯员郭瑜

　　本报讯 一青年女工因身体不适，以手机短信向公司请假，结果公司以旷工为由将其开除，记者昨日获悉，漯河市源汇区法 院做出判决：公司须在十日内，恢复与该女工的劳动关系。

　　魏小姐于2007年6月进入漯河某电子设备公司工作,perfume sale，双方签订了一年的劳动合同。去年4月22日晚7时，已怀孕5个月的魏小姐在家感到身体不舒服，用手机发短 信给公司总经理请假，总经理收到后没有回复。第二天，魏小姐又用电话向总经理请假，还说妇幼保健院出具了建 议其休息一个月的医疗证明单。总经理只是“噢”了一声，就把电话挂了。但到了第三日，公司却以魏小姐“擅自 连续旷工三天、严重违反公司管理制度”为由，解除了劳动关系。

　　魏小姐不知道此事。她仍感到身体不好，又发短信请假。当月28日，总经理发短信回复魏小姐，告知她因旷 工已被解除劳动关系。

　　去年5月5日，魏小姐向劳动争议仲裁委员会申请仲裁，要求公司恢复与她的劳动关系。同年7月3日，该仲 裁委员会作出裁决，某电子设备公司于裁决书生效之日起恢复与魏小姐的劳动关系。公司不服，向法 院起诉。

　　法院认为，被告在去年4月22日晚上以短信的形式向总经理请假，总经理收到短信后未予答复，也未提供其 未批准被告请假的证据，被告已经履行了请假手续。原告以被告连续旷工三天为由解除双方的劳动关系，缺乏事实 和法律依据，原告应恢复与被告的劳动关系。

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