Compensation for absenteeism and dismissal, is there compensation for absenteeism

If there is no special agreement in the employment contract, the employer has no right to dismiss you. If the employee terminates the labor contract in violation of the law, he shall pay double the compensation in accordance with Article 87 of the Labor Contract Law. You can apply to the Labor Dispute Arbitration Commission for arbitration.

Attachment: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law. (If you are satisfied, please comment.) Thank you! ）

According to what you said, if you are absent from work without reason, the employer will generally seriously violate labor discipline or violate the rules and regulations of the employer on the grounds of negligent dismissal. In such a case, the employer may, in accordance with the law and the rules and regulations of the employer, unilaterally contact the employment contract and not be liable for the payment of economic compensation. As for your absence from work for 5 days, it depends on the company whether it is considered a "serious violation" in the unit, but if you have any (hidden circumstances) or disputes, you can apply for arbitration (free of charge) at the local labor dispute arbitration commission, and the arbitration is not satisfied with the court to file a lawsuit.

If you want to file a lawsuit, you must first apply for arbitration) The following are two situations of dismissal: 1. Wrongful dismissal: 1) It is proved that it does not meet the employment conditions during the probationary period, and 2) it is a serious violation of labor discipline or the rules and regulations of the employer.

3) Serious dereliction of duty, malpractice for personal gain, causing serious losses to the interests of the employer; 4) Those who have been investigated for criminal responsibility in accordance with law. The other is non-fault dismissal: the employer may terminate the labor contract under any of the following circumstances, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he or she cannot engage in the work that he or she did as a former employee or engaged in the work arranged by the employer; 2) The worker is not competent 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 original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation. I wish you all the best!

It depends on whether there are provisions in the rules and regulations approved by the employee congress of the company, or whether there are provisions in the content of your labor contract, and if you meet the standard of dismissal for 5 days of absenteeism. According to the provisions of the Labor Contract Law, the dismissed employee shall be compensated.

If the employee is absent from work for three days, the employer may terminate the employment relationship with the employee if there is evidence to prove it, but the employee shall be paid the wages during the normal working hours. If an employer terminates the labor relationship with an employee (or dismissal or dismissal) in the following three situations, which can be compared, if economic compensation or compensation should be paid but is not paid, it can apply for labor arbitration within one year to protect its legitimate rights and interests: 1. If the employer and the employee terminate the labor relationship without any legal reason and without paying economic compensation, and the employee does not have the circumstances stipulated in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the "Labor Contract Law". In the case of illegal termination of labor contract stipulated in Article 87 of the Labor Contract Law, compensation shall be paid, that is, 2 months' salary shall be paid for each year of work, commonly known as 2n; 2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the provisions of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;3. If the employee has any of the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

Article 19 of the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law.

Legal Analysis: Absenteeism cannot be compensated for dismissal. Because absenteeism is a violation of the rules and regulations of the employer, the dismissal of the employee on this ground is not subject to severance payment.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the contract by notifying the employer three days in advance.

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.

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 In any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days in advance or paying the worker 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 laborer is not able to perform the job in Fulunyan, 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.

Legal analysis: 1. There is no severance 2. Not all dismissals can receive severance payment, and when the employer immediately dismisses the employee on the grounds that the employee is at fault, it is not required to pay severance payment.

Legal basis: 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) 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, and causing serious damage to the employer;

4) Employee establishes labor relations with other employers at the same time, which seriously affects 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.

Legal analysis: If absenteeism is not compensated by the company, the company will terminate the labor contract with the employee in accordance with the employee's serious violation of the rules and regulations of the employer, and the employee shall be responsible for compensation if the loss is caused to the company.

Legal basis: Article 3 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) 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.

Legal Analysis: If an employee is absent from work, it is a serious violation of the rules and regulations of the employer, and if he is dismissed by the employer, he cannot receive economic compensation.

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

Article 39 Under any of the following circumstances, the employer may terminate the labor contract with a banquet: (1) during the probationary period, it is proved that he does 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 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.