After the leave was not approved, I was absent from work for three days, and the factory asked me to

After the leave is not approved, it is illegal for the factory to ask the employee to leave the job on his own after being absent from work for three days. If the employee seriously violates discipline, the employer may terminate the contract, but the employer must pay wages.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

1. If you have not signed a labor contract, you can apply to labor arbitration to double the salary of the second and third months of employment (deduct the part of your own salary, and the remaining part is the company needs to make up for you).

2. However, if you are absent from work for three consecutive days without approval, you can be removed from work according to the company's system, and the company can deduct the amount of your absenteeism according to the company's system.

These two items do not conflict.

The content of the labor contract law is relatively small and simple, and it will be helpful for you to read it yourself. The establishment of an employment relationship is based on actual work, not a contract. As long as you go to work, your employment relationship has been established and is protected by the Labor Contract Law.

However, it should be noted that labor relations disputes must go through arbitration, and only those who are dissatisfied with arbitration can file a lawsuit, which has the problem of pre-arbitration, and I think it is not necessary for the unit to negotiate, you must first go to the labor arbitration commission to apply for arbitration, and if you are not satisfied with their handling (arbitration result), you can file a lawsuit. Go directly to the court, the court will not accept it.

Absenteeism for three days is considered a violation of discipline, and employees can be fired in some units.

On the other hand, if you have signed an employment contract, you can apply for labor arbitration separately and claim 2 months' salary.

Exercise! And such leaders, go sue them (don't forget the evidence).

It is legal to leave the company without approving absenteeism for three days, the company does not give you leave, and if you do not come to work, it is absenteeism, and the company can terminate the contract and fire for absenteeism, which is normal. Absenteeism for three days or 15 days in a year is a serious violation of the rules and regulations of the employer, and the employer may terminate the labor contract with the employee on this basis in accordance with the relevant provisions of the Labor Law. However, the employer must pay the employee's wages.

Disputes arising from the voluntary resignation of employees that cause losses to the enterprise and the enterprise requires the employee to compensate or pay liquidated damages are called voluntary resignation disputes.

According to the relevant provisions of the Reply on the Scope of Dispute Handling of Employees' Unauthorized Resignation and Voluntary Resignation (Lao Ban Zi 1992 No. 45), the Reply on How to Define Voluntary Resignation and Absenteeism (Lao Ban Fa [1] 1994 No. 48), and the Reply on the Issue of Calculating Continuous Absenteeism (Lao Shehan 1998 No. 5), if an employee requests to leave his post without pay, but leaves without the approval of the enterprise;

or if the employee does not request to return to work at the original unit within one month after the expiration of the period of leave without pay, and does not go through the resignation procedures, the enterprise has the right to handle it as voluntary resignation. It is the behavior of the employer to treat it as voluntary resignation.

According to the provisions of the relevant administrative reply, the treatment of voluntary resignation here means that the employer shall remove the employee from the list in accordance with the relevant provisions of the Regulations on Rewards and Punishments for Employees of Employers. For this reason, disputes arising from voluntary separation should be treated as delisting disputes.

Legal basis: Labor Law of the People's Republic of China

Article 25.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

4) Those who have been pursued for criminal responsibility in accordance with law.

Legal analysis: If the employee voluntarily leaves the job in the form of absenteeism, the employer shall calculate the salary based on the attendance, but the employee shall also compensate for the loss.

Absenteeism refers to absence from work without justifiable reasons, without asking for leave, or without permission to ask for leave. Voluntary resignation after absenteeism is actually a serious violation of discipline and an illegal termination of the labor contract by the employee. According to Article 90 of the Labor Contract Law, if an employee causes losses to the employer as a result, the employer shall be liable for compensation if there is evidence to prove it.

According to the Interim Provisions on Payment of Wages issued by the Ministry of Labor, even if an employee terminates the contract illegally, the employer shall settle the employee's salary according to attendance.

The settlement of wages and compensation for losses shall be calculated separately and settled together.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Interim Provisions on Payment of Wages".

Article 6 The employer shall pay wages to the workers themselves. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf. The employer may entrust the bank to pay the wages on behalf of the employer.

The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.

Article 7 Wages must be paid on the date agreed between the employer and the worker. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

Legal analysisThere are not many legal provisions for personal leave; It belongs to the category of negotiation between the two parties, you have to guess the reason why you must ask for leave, if the other party does not have the corresponding reason not to give you leave, it is illegal to directly deal with it as absenteeism; If the other party terminates the labor contract on this basis, you can apply for labor arbitration and demand payment of compensation; 2 months' salary for 1 year of service.

Legal basisLabor Contract Law of the People's Republic of China

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

When the employer is at fault, the employee proposes to terminate the contract.

Sick leave, marriage leave, maternity leave, bereavement leave. The above four must be approved. It depends on what reason you took the leave.

It is also illegal to be absent from work for three days without paying wages.

In the event that you cause economic losses to the employer, you may not deduct more than 20% of your salary. In addition to withholding tax, there are reasons such as paying various types of insurance. The employer shall not deduct the employee's wages.

I suggest you apply for labor arbitration.

If it's not legal, you can call the labor bureau and ask them to help you.

Legal analysis: No matter what the situation, leaving the job without the consent of the employer is indeed absenteeism. If it is a personal leave, the leader has the right to decide whether to approve it, and not showing up without approval is absenteeism.

In addition to the influence of irresistible factors, the employee is unable to perform the leave procedures, and the employee does not perform the leave procedures in accordance with the regulations, does not commute to and from work on time, and is absent from work for more than 15 consecutive days, or has been absent from work for more than 30 days in a year, which is a frequent absenteeism without justifiable reasons.

Legal basis: Article 18 of the Regulations on Rewards and Punishments for Employees of Enterprises provides that if an employee is often absent from work without a legitimate reason, and after criticism and education is invalid, the continuous absenteeism exceeds 15 days, or the cumulative absenteeism time exceeds 30 days within one year, the enterprise has the right to remove him.