Regarding the dismissal of an employee for absenteeism, can the employee be dismissed for absenteeis

The employer may terminate the employment contract without notice under the following circumstances:

1) It is proved that they do not meet the employment conditions during the probationary period;

2) Serious violation of labor discipline and the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major losses to the interests of the employer;

4) Those who have been investigated for criminal responsibility in accordance with law.

Deductions from wages can be deducted if the company has valid regulations, but not more than a certain percentage.

You can get the basic salary for the days you work, but about 50% of the salary will be deducted, and the company has the right to decide whether to pay a bonus.

The company does not need to produce the notice. Because:

The law stipulates that if the employee does not notify the employer in writing 30 days in advance of voluntary resignation, the employee shall be liable for compensation for the losses caused to the employer.

Here to correct the questioner's misunderstanding, voluntary resignation refers specifically to the employee, has nothing to do with the company, the company does not have any obligation to the voluntary resignation, let alone any notice, on the contrary, the employee must submit a voluntary resignation report within 30 days to terminate the labor relationship, if another employer hires you and you do not terminate the labor relationship with the original employer (there is a labor contract or insurance and other evidence that can prove the existence of labor relations between you and the original employer), then the third-party employer will also bear joint and several liability to be punished.

Legal basis:1Article 45 of the Labor Law stipulates that: "An employer may terminate a labor contract if an employee falls under any of the following circumstances: (3) serious violation of the employer's rules and regulations; (4) Serious dereliction of duty, causing major harm to the unit. ”

2.Article 38 of the Labor Contract Law stipulates that: "An employer may terminate a labor contract if an employee falls under any of the following circumstances:

4) Sick or injured not due to work, unable to engage in the original job, and unable to engage in the work arranged by the employer after the appraisal of labor ability. ”

3.Article 2 of the Regulations on the Supervision of Labor Security stipulates that: "Employers shall establish and improve labor discipline and rules and regulations, clarify the rights and obligations of employees, and deal with violations of discipline and law by employees." ”

Summary: In accordance with the provisions of the Labor Law and the Labor Contract Law, the employer may take measures to terminate the labor contract according to the employee's absenteeism. However, it is necessary to comply with relevant legal procedures and regulations, not to violate labor laws and regulations, and to protect the legitimate rights and interests of employees.

There are no clear provisions in the law, and it needs to be analyzed in light of the actual situation. Generally, it is mainly judged according to the rules and regulations publicized by the employer, if the employer has a rule on how many days of absenteeism can dismiss the employee, then it can be implemented according to the company's rules and regulations.

Article 39 of the Labor Contract Law [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.

Article 40 [No-fault Dismissal] In 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.

1. Precautions for the company's dismissal of employees.

1. To determine that an employee has seriously violated discipline, it must be based on legal and effective rules and regulations, which are an important basis for the employer to dismiss an employee who violates discipline. Blind demolition.

2. The rules and regulations can only have legal effect on employees if they have been publicized. The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

If the employer does not have evidence to prove that the rules and regulations have been publicized or notified to the employee, the rules and regulations cannot be used as a basis for dismissing the employee. Therefore, the employer must publicize or inform the employee of the legal and effective rules and regulations, so that it can be used as an objective basis for judging whether the employee has seriously violated discipline.

3. There must be evidence to prove that the worker has seriously violated the rules and regulations. If the employer fails to collect and preserve evidence that can prove that the employee has seriously violated the rules and regulations, even if the employee has really violated the discipline seriously, the employer will lose the case if it fails to provide evidence in the labor dispute.

Therefore, in the event of an employee's serious violation of rules and regulations, the employer should collect evidence in a timely manner. In practice, it is the most effective and convenient way to require employees to make written reviews or explanations, explanations and commitments, and to keep them on file for future reference.

4. Perform the procedures of notifying the trade union and the person.

Those who are dismissed for absenteeism can receive wages. If an employee seriously violates the rules and regulations of the employer due to absenteeism, the employer may dismiss the employee and may not pay him severance payment, but must pay the employee the wages due to him in accordance with the law.

Article 39 of the Labor Contract Law stipulates that the employer may terminate the labor contract if the employee 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 damage to the employer; (4) The worker 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.