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If the employee is unable to work for a period of time other than due to work-related injury or illness, or is proved to be ineligible for employment during the probationary period, or if the employee is incompetent for the job, and is still incompetent for the job after training or job adjustment, or violates laws and regulations, the employer may terminate the labor contract in accordance with the relevant laws and regulations.
And if an employee is fired for violating laws and regulations, there is generally no financial compensation.
However, if the employer dismisses an employee on the grounds of violating the rules and regulations, it should be fair, reasonable, reasonable, and not arbitrary, and if the party concerned feels that it is unreasonable, he should be given the opportunity to appeal.
As for whether there is compensation for the termination of the labor contract, it should be determined according to the actual situation of the parties. Generally speaking, compensation should be given except for violations of law and discipline.
In accordance with the provisions of the 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.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
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If the employee violates the regulations of the employer, the employer may terminate the labor contract, but it cannot voluntarily leave the company, and the attendance record is deleted, and the employer's practice violates the labor contract law, and the employee shall report to the labor bureau for resolution and apply for compensation.
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Q&A. First of all, the law does not stipulate how long an employee is absent from work to automatically leave the company, and how many days of absenteeism can be terminated.
Second, if the employer has rules and regulations, it can terminate the employment contract on the grounds that the employee has seriously violated the rules and regulations of 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.
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It is legal for an employee to leave the job automatically after three days of absenteeism. This is not required by law. If an employee is absent from work for three days, he or she cannot be cautious and automatically resign, but the unit 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.
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.
Article 3 of the Labor Contract Law of the People's Republic of China.
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 in Kuansongdong. 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 employee may terminate the labor contract if they reach an agreement through consultation.
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Legal basis: According to Article 39 of the Labor Contract Law of the People's Republic of China, the employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) Promoted early and proved to be ineligible for employment during the trial period; 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.
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The law does not provide for voluntary resignation, depending on the company's rules and regulations.
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Employees should abide by the company's rules and regulations. It is stipulated that absenteeism for three consecutive days is a voluntary resignation, which is not illegal and legal and valid.
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There are provisions in both the Labor Law and the Labor Contract Law. The company has the right to stipulate rules and regulations according to the actual situation. The company may stipulate that absenteeism from work for several consecutive days counts as voluntary resignation.
However, it shall be made public, and if the individual is not notified in advance of the circumstances of the regulations, the provisions shall be invalid for the workers. Workers can be subject to labor arbitration.
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The company stipulates that absenteeism for 3 consecutive days is considered voluntary resignation, because it is a supervision restriction on employees.
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The company stipulates that absenteeism for 3 consecutive days is considered to be automatic resignation, as long as it is publicized through the "Employee Handbook", notices, etc., and you also sign or know about it (the unit must have evidence), then it is a matter of internal management of the enterprise; Such an approach is not contrary to our country's labor regulations.
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I think it's legal for the company to list the rule that three days of absenteeism counts as automatic resignation and inform all employees. I believe that all employees have read this rule before hiring.
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Absenteeism refers to leaving the job without the approval of the leader of the unit, which is called absenteeism, and absenteeism is a violation of labor discipline. The Labor Law stipulates that the employer may formulate corresponding rules and regulations to manage the employment requirements in accordance with the requirements of the Labor Law, and in order to strictly enforce the labor discipline of employees, the company stipulates that it is legal for employees to leave their jobs automatically after three consecutive days of absenteeism, which meets the requirements of the Labor Law. The methods for dealing with employee absenteeism vary from employer to employer, some are looser, some are stricter, and some are subject to disciplinary punishments, such as wage deductions, fines, and even stricter dismissals.
These penalties are all imposed by the employer within the scope of the labor lawNot illegal.
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Neither the Labor Law nor the Labor Contract Law clearly stipulates that an employee who is absent from work for a few days can be treated as voluntary resignation. The employer should have relevant factory discipline and factory rules to stipulate the limit of absenteeism and the regulations on how to deal with it.
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Matters related to the voluntary resignation of an employee who is absent from work for several consecutive days may be formulated in the rules and regulations of the employer.
1. If an employee does not ask for leave, it will not be regarded as voluntary resignation.
Usually, after an employee has taken leave for more than 15 consecutive days, if the company wants the employee to arrive at the post, the company can count the employee as automatically leaving the job three days after the company notifies the employee. There is no clear legal provision regarding separation. Generally speaking, it should be implemented in accordance with the company's rules and regulations.
Or Zheng Sell shall be executed in accordance with the labor contract. If there is no special agreement in the labor contract, in labor arbitration and litigation practice, if the evidence of the employee's absenteeism is collected, as long as it reaches more than one week, the labor contract can be terminated by written notice on the grounds of serious disciplinary violations.
2. Is it reasonable to be absent from work if you are 2 hours late?
Employers are empowered to formulate and enforce labor discipline and rules and regulations. Absenteeism is a violation of labor discipline. If the absenteeism is serious, the employer will even remove the employee.
It is a normal kind of enterprise management for an employer to impose sanctions and fines on them in accordance with the provisions of labor discipline and rules and regulations. As for the penalties for absenteeism, the regulations allow the autonomy that companies should have.
3. How to calculate the monthly salary of the employee who does not slip before absenteeism.
For employees who are absent from work, the salary should be deducted no more than 20% of their monthly standard salary. Employers have the power to formulate and enforce labor discipline and rules and regulations. Absenteeism is a violation of labor discipline, and if the absenteeism is serious, it will even be removed from the employer.
It is a normal kind of enterprise management for an employer to impose sanctions and fines on them in accordance with the provisions of labor discipline and rules and regulations. The amount of fines imposed on employees shall be determined by the enterprise, and generally shall not exceed 20 percent of their monthly standard wages.
According to Article 39 of the Labor Contract Law of the People's Republic of China, the employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; 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 provided for in Item 1, Paragraph 1 of Article 16 of Article 2 of this Law; 6) Those who have been pursued for criminal responsibility in accordance with law.
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Summary. Employees who are absent from work for three days are automatically paid, but they need to go through the resignation procedures, and the salary, deposit and economic compensation must be settled at one time when they leave the company, and the number of days of absenteeism can be deducted. Employers are not allowed to make arbitrary deductions. Otherwise, the person concerned can report to the labor bureau.
Is it legal for the company to stipulate that absenteeism for 3 consecutive days is considered voluntary resignation?
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Employees who are absent from work for three days will automatically leave the company with wages, but they need to go through the resignation procedures, and the salary, deposit and economic compensation must be settled at one time when they leave the company, and the number of days of absenteeism can be deducted from the banquet. The macro pretends to be an employer, and the state bank can be deducted at will. Otherwise, the person concerned can report to the labor bureau.
Employees who are absent from work for three days will automatically leave the company with wages, but they need to go through the resignation procedures, and the salary, deposit and economic compensation must be settled at one time when they leave the company, and the number of days of absenteeism can be deducted from the banquet. The macro pretends to be an employer, and the state bank can be deducted at will. Otherwise, the person concerned can report to the labor bureau.
Employees who are absent from work for three days will automatically leave the company with wages, but they need to go through the resignation procedures, and the salary, deposit and economic compensation must be settled at one time when they leave the company, and the number of days of absenteeism can be deducted from the banquet. The macro pretends to be an employer, and the state bank can be deducted at will. Otherwise, the person concerned can report to the labor bureau.
I didn't go through the resignation procedures.
If you are absent from work, the company will go through the procedures for you according to your resignation.
Sky. The manager said there was no salary and would not pay me.
This is to give you a salary, if not, you can apply for labor arbitration to protect your rights.
Go directly to the labor bureau to shake people.
You can file a complaint with the Labor Bureau for deducting your wages.
The manager said I had signed a contract with the company, and said that there were provisions in the contract.
You can take a look at your employment contract, and if there is such an agreement, you will not be paid.
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