Whether it is 3 consecutive days of absenteeism or 3 days in a month

The Labor Law stipulates that if the employee is absent from work for three consecutive days within a month, the employee will be deemed to have voluntarily left the job. We mean "continuous", that is, uninterrupted. Thank you.

It depends on the specific provisions of the company's rules and regulations or employee handbook (which has been reviewed by the general meeting of employees of large enterprises) that you have signed. If there is a clause such as "3 consecutive days of absenteeism or 3 days in a month", if there is, it is a serious violation of discipline, then it is in accordance with labor laws and regulations. If there is no similar clause or "3 consecutive days of absenteeism or 3 days in a month" is not included in the serious disciplinary violation, then the direct termination of the labor contract is not in accordance with the Labor Contract Law.

Article 39 of the Labor Contract Law of the People's Republic of China stipulates:

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 the rules and regulations of the employer (if any, it is a serious violation of discipline);

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 the employee is absent from work for three consecutive days within a month, it will be regarded as the employee's voluntary resignation.

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 has any of the following circumstances: (2) Serious violation of the rules and regulations of the employer.

Interim Provisions of the People's Republic of China on the Payment of Workers' Lost Capital》 Article 16 If the employer suffers economic losses 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: Absenteeism for three consecutive days is regarded as the self-departure of those who have been dismissed from labor. If the employee leaves the employer by himself, the employer is not required to pay severance compensation, and the employee shall be liable for compensation if the loss is caused by the employee's envy of leaving the employer.

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

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Legal analysis: 1. Although the so-called statement that absenteeism for three consecutive days is considered self-departure is common in small and medium-sized enterprises, in fact, if the employer does not make a decision to terminate the labor relationship and notify the employee concerned in a timely manner on the grounds of continuous absenteeism, the statement "deemed to be self-leaving" has no legal effect, and the labor relationship between the two parties still continues.

2. If the rules and regulations clearly stipulate that "three consecutive days of absenteeism" can only be used as a reason to terminate the labor relationship, the absence from work for two consecutive days, and then half a day of work, and then absenteeism, this situation does not meet the conditions for three consecutive days of absenteeism, and there is no basis for terminating the labor relationship on this ground. However, it is recommended to pay attention to whether there are provisions in the system on the number of days of accumulated absenteeism per month to terminate the employment relationship.

Legal basis: Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract if the worker searches for goods under any of the following circumstances: (2) the employer seriously violates the rules and regulations of the employer.

Legal Analysis: Absenteeism refers to an employee leaving his or her job without a reason and reporting it to his superiors in a timely manner. The company stipulates that miners who leave their jobs automatically for three consecutive days, and after voluntary resignation, wages should be paid as usual (the company can not pay the wages for three days of absenteeism), and it is illegal if wages are not paid.

Legal basis: Article 17 of the Labor Law of the People's Republic of China The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract. According to these provisions, when an employer signs an employment contract with an employee, it should specify the content of the liability of both parties for violating the employment contract, including the liability of the employer for losses caused to the employer by the employee's resignation during the performance of the contract.

In the event that no loss is caused to the employer, the employer shall pay the labor remuneration.

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.

Legal analysis: On the issue of whether accumulating three days of absenteeism in a month will be counted as voluntary resignation, the labor law does not stipulate that three days of absenteeism will be counted as voluntary resignation.

Basis for the law: Article 31 of the Labor Contract Law of the People's Republic of China Article 31 The employer shall strictly implement the labor quota standard, and shall not force or covertly force the worker to work overtime. If the employer arranges overtime, it shall pay the employee overtime pay in accordance with the relevant provisions of the state.

Lawyer's analysis: Within a month, if the employee is absent from work for three consecutive days, it is regarded as the employee's voluntary resignation.

Legal basis]:

Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract under any of the following circumstances: (2) the employer seriously violates the rules and regulations of the employer.

Interim Provisions of the People's Republic of China on the Payment of Wages Article 16 Where an employee causes economic losses to the employer due to his or her 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 monthly salary.

If the remaining part of the salary after deduction is lower than the local minimum monthly wage, it will be paid according to the minimum wage.