Absenteeism for three days a month is not considered voluntary resignation

The Ministry of Labor and Social Security has a special explanation on the issue of continuous absenteeism in the Regulations on Rewards and Punishments for Employees of Enterprises, which states that the calculation of continuous absenteeism must deduct statutory holidays and rest days, and only the absence on weekdays can be calculated. As you said, this situation is not enough to be absent from work for 15 consecutive days, so it cannot be removed from the list in accordance with the "Regulations on Employee Rewards and Punishments". Hint:

If your company is not a state-owned enterprise, you do not have to handle it accordingly, even if it is less than 15 days, you can still terminate the labor contract, but you must make corresponding provisions in the company's rules and regulations. In your day-to-day management work, it is best not to set the original management methods for employees under the conditions of the planned economy, but to handle them in accordance with the principles of the "Labor Law", that is, not to remove the name and other methods, but to terminate the labor contract in violation of discipline. When we do internal consulting for some enterprises, that is, to help enterprises formulate rules and regulations and corresponding agreements, we find that it is difficult for many human resources managers to get rid of the methods of managing employees under the original planned economy.

Attachment: Ministry of Labor and Social Security, "Reply to the Issue of Calculating Continuous Absenteeism" (Lao She Han [1998] No. 5) Fujian Provincial Department of Labor: Your Department's "Instructions on Calculating Continuous Absenteeism" (Min Lao Zhong Ban Han 1998 No. 1) has been received.

After research, the reply is as follows: Regarding Article 18 of the 1982 "Regulations on Rewards and Punishments for Enterprise Employees", "Employees are often absent from work without legitimate reasons, and after criticism and education are ineffective, they are absent from work for more than 15 consecutive days,......On the issue of whether the rest day (i.e., whether to deduct the weekend) for 15 consecutive days in which the enterprise has the right to be removed, it should be understood that the absence from work for more than 15 consecutive working days shall be understood as the continuous absence from work for more than 15 working days. Rest days and statutory holidays should be deducted when calculating the specific number of days.

Absenteeism for three days automatic resignation process:

1. The employee shall automatically go through the resignation procedures in accordance with the company's regulations, and if it causes losses to the employer, the employer may require the employee to compensate for the losses based on the provisions of the law.

2. If the employer confirms that the employee has not fulfilled the leave formalities in accordance with the regulations and leaves the post without justifiable reasons, and the employer makes a decision to terminate the labor contract based on the fact that the employee has acted, the following procedures shall be carried out:

1) Employees should be contacted through various channels to go to work, such as preparing a notification letter to be sent to any address of the employee, keeping evidence of receipt, preferably using ** letter.

2) Settle the employee's salary and go through the social security procedures.

3) Keep all the files and related information of employees, such as complete attendance sheets.

It depends on what your company's articles of association say!

If the rules and regulations of the employer stipulate that absenteeism for three days is considered voluntary resignation, then absenteeism for three days is regarded as voluntary resignation. The employer may unilaterally terminate the employment contract without compensation. The law does not make specific provisions on absenteeism, but the rules and regulations of the employer stipulate that if the employee is absent from work for three consecutive days or 15 days in a row, it is a serious violation of the rules and regulations of the anti-employer and the employer may be dismissed.

If Li Chao goes through the resignation procedures, the salary, deposit and economic compensation must be settled in a lump sum when he leaves, and the number of days of absenteeism can be deducted. The employer shall not arbitrarily deduct the deduction, and the party concerned may report to the Labor and Hidden Welfare Bureau.

If an employee is absent from work for three days without any justifiable reason, he or she may request the termination of the labor contract, and the company shall promptly serve the relevant notice to the employee to perform his or her duties, clarifying the rules and regulations of the illegal unit for the employee's absence from work without a legitimate reason, which shall be deemed to have unilaterally terminated the labor contract with the company, and the content of the termination of the labor contract shall be kept as evidence.

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

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] 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) 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.

This is not stipulated in the Xun Zao Law. If an employee is absent from work for three days, it cannot be regarded as voluntary resignation, but the employer can dismiss the employee in accordance with the company's rules and regulations, and the unit can deduct part of the employee's incentive treatment as a punishment, but the employee's salary shall not be deducted.

Absenteeism for a few days in a row can terminate the labor relationship, which can only be accepted and recognized by arbitration if the company's own rules and regulations are required. In addition, the company needs to provide evidence to prove that the Chi Chang Split rules and regulations have been served on the employee himself. In addition, the fact of absenteeism must also be proved by the unit that the worker has indeed been notified, and it is not enough to send text messages and emails, and a written notice should be sent again, and the express delivery record should be retained, and the express delivery record should be inquired about.

Legal basis: Article 9 of the Circular of the Ministry of Labor on Printing and Distributing Article 9 When both parties to the labor relationship terminate or terminate the closed labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Derivative question: whether there is a salary for self-departure.

There is a salary. If the company does not pay the wages, the worker can file a complaint with the labor inspection brigade, or he can apply for labor arbitration. If the employer is in arrears of wages, the labor and social security administrative department shall order the payment of the worker's wages and remuneration, the difference between the worker's wage and the local minimum wage standard, or the economic compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable.

The meaning of voluntary resignation and unauthorized resignation is the same, both of which refer to the behavior of the employee who leaves his or her job and unit at will without greeting the employer. This kind of behavior of not saying goodbye is not in accordance with the law, and often causes economic losses to the employer, and the employer often has to investigate the responsibility of the employee. Employers may treat employees who leave their jobs without authorization as absenteeism and remove them from work.

According to state regulations, workers who voluntarily leave their jobs do not enjoy any benefits.

Legal analysis: If the company's rules stipulate that absenteeism for three days is voluntary resignation, it will be handled in accordance with the provisions of the company's articles of association. If an employee is absent from work without justifiable reasons, and the employee is absent from work for more than 15 consecutive days after criticism and education, or the cumulative absenteeism time exceeds 30 days within one year, the enterprise has the right to remove the employee from work.

Legal basis: Article 18 of the Regulations on Rewards and Punishments for Employees of Enterprises.

If an employee is absent from work without justifiable reasons, and after criticism and education is ineffective, the employee has been absent from work for more than 15 consecutive days, or has been absent from work for more than 30 days in a year, the enterprise has the right to remove him/her from work.

Legal analysis: The law does not specify this content, so it is generally stipulated in the labor contract whether the employee is absent from work for three days and will automatically leave the job.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve in advance and postpone the draft;

6) Other circumstances provided for by laws and administrative regulations.

Whether absenteeism for three days is considered voluntary resignation, there is no relevant provision on voluntary resignation in Chinese law, and the provisions on voluntary resignation belong to the scope of the company's rules and regulations. If the company's rules stipulate that absenteeism for three days is voluntary resignation, it will be handled in accordance with the provisions of the company's articles of association. Article 11 of the "Company Law and Silver Rules" The articles of association of the company must be formulated in accordance with the law to establish a company.

The articles of association of the company are binding on the company, shareholders, directors, supervisors and senior management.

Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of holidays or rest days, 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.

Article 9 of the Interim Provisions on Payment of Wages shall be the case when both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, and the employer shall pay the employee's wages in full at the time of dissolution or termination. Article 16 of the Interim Provisions on Payment of Wages If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.

However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Legal analysis: If the employer is absent from work for three consecutive days in a month, the employer may unilaterally terminate the labor contract, and the specific period shall be determined by the employer's rules and regulations. The employer may dismiss the employee under any of the following circumstances:

Serious violation of the rules and regulations of the employer; Those who have been pursued for criminal responsibility in accordance with law; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

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

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.