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Legal analysisAbsenteeism refers to the act of not taking leave without a valid reason or not showing up for work without a valid reason. Employees who are administratively detained for violating public security regulations, whose personal freedom is restricted, and who are unable to attend work, are not absent from work. Therefore, the employer's reason for dismissing the employee cannot be established, and it is illegal to dismiss the detained employee on the basis of absenteeism.

No. Absenteeism refers to absenteeism without justifiable reasons, without asking for leave or without permission to ask for leave, which is a violation of labor discipline. The contract may be terminated if the number of days of absenteeism reaches the provisions of the rules and regulations formulated by the employer in accordance with the law, and the employer may terminate the contract in accordance with the relevant provisions; The rules and regulations of the employer do not stipulate the number of days for the termination of the contract for absenteeism, and the employer may terminate the contract if the number of days the contract can be terminated as stipulated by the province or municipality where the employer is located.

If the employee is terminated by the employer because he or she is absent from work and meets the conditions for terminating the contract, there shall be no severance payment. If the employer suffers losses due to absenteeism, it shall be liable for compensation. According to the provisions of relevant laws, the employer may terminate the labor contract if the employee falls under any of the following circumstances:

Serious violation of the rules and regulations of the employer. If an employee is administratively detained and objectively unable to attend work has become a fact, the employer should still be informed or remedial measures taken within a controllable range. Since administrative detention is a compulsory measure restricting personal freedom, requiring the employee to complete the formalities of requesting leave is suspected of being too demanding, and if the employee is not allowed to take leave when the employer does not allow the leave, the employee should be deemed to have fulfilled his or her obligation to inform or take remedial measures under the conditions possible.

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

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.

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A period of 10 days of administrative detention is not considered absenteeism. Absenteeism refers to the fact that the worker can attend work but deliberately does not show up, which requires the worker to subjectively have the intention of not showing up; The inability to attend work during the period of administrative detention is not caused by the subjective intention of the worker, but is due to objective reasons. Although the period of administrative detention cannot be regarded as absenteeism, if the administrative detention is a serious violation of the rules and regulations of the unit according to the company's rules and regulations, the employer can terminate the labor contract with the employee.

Article 9 of the Administrative Punishment Law of the People's Republic of China Types of administrative punishments: (1) Warnings and circulars of criticism; (2) Fines, confiscation of unlawful gains, or confiscation of illegal property; (3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; (4) Restricting the development of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; (5) Administrative detention; (6) Other administrative punishments provided for by laws and administrative regulations.

Legal analysis: If an employee is notified of the company during the period of administrative detention, it is not considered absenteeism, which generally refers to absenteeism without reason, that is, subjectively able to attend work but deliberately not attended. However, if an employee is unable to attend work due to administrative detention because his personal freedom is restricted by the public security organ, which is caused by objective reasons, the employer may suspend the payment of wages and temporarily suspend the performance of the labor contract in accordance with the law.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer may terminate the labor contract: (1) it is proved that he does not meet the employment conditions 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 harm to the employer; (4) Where a worker establishes a labor relationship with another employer at the same time, causing a serious impact on the completion of the work tasks of that unit, or refuses to make corrections after being proposed by the employer with a single button; (5) The labor contract is invalid due to the circumstances provided for 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 an employee is administratively detained by an administrative organ, it is not absenteeism, and the employer may deal with it in the following ways:

1) After the employee is placed under administrative detention, the employer may temporarily suspend the performance of the labor contract with the employee during the period of administrative detention;

2) If the employee violates the illegal act and seriously violates the company's system, the employer may terminate the labor contract.

2. Legal basis: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" 28If an employee is taken into custody for examination, detention or arrest by the relevant authorities on suspicion of violating the law or committing a crime, the employer may temporarily suspend the performance of the labor contract with the employee during the period when the employee is restricted from carrying him or her personally.

During the period of temporary suspension of performance of the labor contract, the employer shall not be responsible for the corresponding Yihong undertaking as stipulated in the labor contract. If it is proved that the employee's personal liberty has been wrongfully restricted, the employee may request compensation from the relevant department in accordance with the State Compensation Law for the losses incurred by the employee during the period of temporary suspension of the performance of the labor contract.

Article 39 of the Labor Contract Law of the People's Republic of China [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 harm 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. Employees can be fired if they don't go to work for a long time.

1. The so-called absenteeism refers to the absence of a worker without asking for leave, and absenteeism means that the worker should be there but does not show up for work. The only criterion for judging whether an employee is at work is whether he or she has attendance records, the key is whether he or she is at work and whether he should have attended work but did not show up.

2. The law does not stipulate how many days the company can fire the employee. However, the "Regulations on the Personnel Management of Public Institutions" stipulates that if a staff member of a public institution is absent from work for more than 15 consecutive working days, or for a total of more than 30 working days in one year, the public institution may terminate the employment contract.

Paragraph 2 of Article 39 of the Labor Contract Law stipulates that if the employer seriously violates the rules and regulations of the employer, the labor contract shall be terminated immediately and no severance shall be paid.

Hello, no. The following are the specific laws and regulations:

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment 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 harm 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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After the employee and the employer sign the employment contract, both parties shall be bound by the terms of the employment contract. Unless for national statutory reasons.

Statutory leave, etc.) or as permitted by the employer (personal leave, etc.), the employee shall come to work. If an employee does not show up for work for subjective reasons without explaining the reason to the employer, without any justifiable reason or other force majeure factors, then it is considered "unexcused absenteeism".

In this case, the employee was sentenced to administrative detention for a personal fight. This is not the case where the personal liberty of an employee is restricted by the competent authority.

absenteeism without cause". In other words, the employee's failure to show up for work is not of his own volition. Therefore, from the perspective of the correlation between the employee's subjective attitude and the employee's objective absenteeism, the time of the employee's administrative detention does not belong to absenteeism, but should be treated as "termination of the labor contract" in accordance with the law.

Legal basis] Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China

If an employee is suspected of violating the law or committing a crime and is taken into custody for examination, detention or arrest by the relevant authorities, the employer may temporarily suspend the performance of the labor contract with the employee during the period when the employee's personal liberty is restricted.

During the period of temporary suspension of performance of the labor contract, the employer shall not assume the corresponding obligations stipulated in the labor contract. If it is proved that the employee's personal liberty has been wrongfully restricted, the employee may request compensation from the relevant department in accordance with the State Compensation Law for the losses incurred by the employee during the period of temporary suspension of the performance of the labor contract.

It cannot be counted as absenteeism, but can be terminated as an employment contract, and wages and insurance are suspended, and resumed after returning to work.

Administrative detention is a passive restriction of personal freedom, rather than an employee's subjective willingness not to go to work. It's like being kidnapped.

If there is a criminal penalty, the employer may terminate the labor contract without compensation.

Alternatively, the employer may terminate the labor contract if the detention is expressly stated in the effective rules and regulations and the contract.

If an employee is administratively detained, can the employer excuse the employee for absenteeism?

Termination of the employment contract.

The key depends on how the rules and regulations of the unit are stipulated. Article 39 of the Labor Contract Law stipulates that "if an employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract." ”

According to the rules and regulations discussed and adopted by the company's workers' congress and publicized, the general unit stipulates that three days is a serious violation of the company's rules and regulations, and the labor contract can be terminated in accordance with Article 39 (2) of the Labor Contract Law without economic compensation.

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

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

1. According to the "Medium.

The Labor Contract Law of the People's Republic of China stipulates that Article 39 of the Labor Contract Law of the People's Republic of China stipulates that there is a version for workers.

In any of the following circumstances, employment is to be made.

The employer may terminate the labor contract: (1) during the probationary period, it is proved that it does not meet the employment conditions; (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 employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances specified in Paragraph 1, Paragraph 1 of Article 26 of this Law;

2. Therefore, in accordance with the above provisions, the employment relationship between the employee and the employee can be terminated (i.e., dismissed) on the grounds that the employee has seriously violated the rules and regulations of the employer. There is no legal provision on the number of days of absenteeism, which can be implemented in accordance with the rules and regulations of the employer.

3. If the employee's absenteeism causes losses to the employer, the employer has the right to claim compensation from the employee.

Absenteeism, dismissal, or dismissal

It is handled in accordance with the provisions of the Labor Contract Law, and if the DAO employee violates the Labor Contract Law, it is a serious violation.

If the right is against labor discipline, the contract can be terminated in accordance with the law, and the answer of the upstairs man Chentian is based on the regulations on rewards and punishments for employees of the enterprise, and the provisions that can be removed from work for 15 days have been abolished and replaced by the labor law and the labor contract law.