Does the Labor Law provide for the number of days absent from work10

1. Article 18 of the original "Regulations on Rewards and Punishments for Employees of Enterprises" If an employee is absent from work frequently without a legitimate reason, and after criticism and education is ineffective, the employee is absent from work for more than 15 consecutive days, or the cumulative absenteeism time within one year exceeds 30 days, the enterprise has the right to remove him/her.

Second, the "Decision on the Repeal of Some Administrative Regulations" was issuedIt is clearly stipulated that the Regulations on Rewards and Punishments for Employees of Enterprises shall be repealed as of January 15, 2008。The reason is that it was replaced by the Labor Contract Law and the Labor Law.

3. Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases provides that the rules and regulations formulated by the employer through democratic procedures in accordance with Article 4 of the Labor Law do not violate national laws, administrative regulations and policies, and have been publicized to the employees, may be used as the basis for the people's court to hear labor dispute cases.

1. What is stipulated here is; Rules and regulations established through democratic procedures"Democratic process".It is necessary to listen to the opinions of workers, labor unions, etc., and make a decision on the employment list.

2. This kind of rules and regulations, toIt must not violate national laws, administrative regulations and policies

3. To toWorker publicity, including the issuance of rules and regulations or publicity.

4. In the event of a dispute, this rule and regulations can be used as the basis.

To sum up, if the employer meets the above conditions, it can implement the "rules and regulations".

The Labor Law does not have specific standards for the punishment of absenteeism, but only stipulates that if the employer causes economic losses due to absenteeism, the employer may claim compensation.

Handling of absenteeism: Employers can formulate their own legal systems to deal with them.

Absenteeism is calculated on the basis of actual working days, and statutory rest holidays are not counted as absenteeism.

At present, the basis for absenteeism is still the Regulations on Rewards and Punishments for Employees of Enterprises (Guo Fa 1982 No. 59).

Article 18 stipulates: "An enterprise has the right to remove an employee from work who is absent from work without justifiable reasons, and who is absent from work for more than 15 consecutive days after criticism and education, or who has been absent from work for more than 30 days in a year." ”

However, I personally believe that if the enterprise does not stipulate the above-mentioned provisions on absenteeism in the internal labor regulations of the enterprise formulated in accordance with legal procedures, the enterprise cannot unilaterally terminate the labor contract in the name of absenteeism.

Legal analysis: The Labor Law does not have a specific standard for the punishment of absenteeism, but only stipulates that if the employer causes economic losses due to absenteeism, the employer can claim compensation.

Legal basis: Interim Provisions of the People's Republic of China on Payment of Wages Article 16 If 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 monthly minimum wage, it will be paid according to the minimum wage.

Legal Analysis] If an employee is absent from work frequently without justifiable reasons, and after criticism and education is ineffective, the continuous absenteeism exceeds 15 days, or the cumulative absenteeism time exceeds 30 days within one year, the enterprise has the right to remove the employee. If the employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract. If the employer suffers economic losses due to absenteeism, the employer may claim compensation.

Absenteeism refers to the absence of an employee from work without a legitimate reason or without approval on a normal working day, which is a serious disciplinary violation. In accordance with the relevant laws and regulations, the employer shall stipulate the punishment measures in the rules and regulations formulated in accordance with the law. Some provinces and municipalities do not clearly stipulate the punishment method for the employer, and if the employee is absent from work for 15 consecutive days, the employer may terminate the labor contract on the grounds that the employee has seriously violated labor discipline.

Legal basis] Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (Morning Hall Round 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 unit, or refuses to make corrections after being proposed by the employer; 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.

The Labor Law does not clearly stipulate that the handling of absenteeism for three days shall be decided according to the rules and regulations of the employee and the employer, and if the company's rules and regulations deem it to be a serious violation of the company's system, the labor contract may be terminated in accordance with the law.

Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract 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 employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, 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 the Labor Contract Law of the People's Republic of China;(6) Those who have been pursued for criminal responsibility in accordance with law.

Legal analysis: 1. Absenteeism shall not deduct employees' wages, and absenteeism can only be deducted according to personal leave, that is to say, there is no salary on the day of absenteeism, and you cannot be absent from one day and fined three days, which is illegal.

2. Absenteeism is a serious violation of rules and disciplines in many chaotic units, and may be fired, but the wages of employees who have worked cannot be deducted from the single empty travel stall.

3. Smart units will use other methods, such as rules and regulations, to impose administrative penalties, instead of directly deducting wages, which is illegal.

4. Negotiate with the unit first, and if the negotiation fails, you can go to the labor inspection brigade where the unit is located to file a complaint and file a case.

Legal basis: "Regulations on Rewards and Punishments for Employees of Enterprises" Article 18 If an employee is absent from work without a legitimate reason, and after criticism and education is invalid, the employee is absent from work for more than 15 consecutive days, or the cumulative absenteeism time within one year exceeds 30 days, the enterprise has the right to remove him/her.

Legal Analysis: The provisions on absenteeism are that if the employee's absenteeism is a serious violation of the rules and regulations of the employer, the employer can terminate the labor contract and is not required to pay severance to the employee. It depends on 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) 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 unit, or refuses to make corrections after being proposed by the employer; (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 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where employers and high-level units shall, in accordance with the relevant provisions of this Law, pay economic compensation to laborers, they shall do so at the time of handover of the work.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

The legal basis for removal due to absenteeism is the provisions of the Regulations on Rewards and Punishments for Employees of Enterprises (Guo Fa 1982 No. 59), which is a way for employers to terminate the labor relationship with employees who are absent from work without justifiable reasons. The conditions for delisting are:

1) Employees are often absent from work without justifiable reasons;

2) Criticism of the ineffectiveness of education;

3) Reaching the specified number of days of absenteeism, that is, the continuous absenteeism time exceeds 15 days, or the cumulative absenteeism time exceeds 30 days within 1 year.

1. What are the provisions of the Labor Contract Law on absenteeism?

1. If the employee is absent from work without reason, the employer may not pay the wages for the time of non-attendance.

2. There is no concept of private leave in law. In the case of sick leave, the salary during the sick leave shall be paid in proportion to the length of service in the employer. If the employee takes personal leave, the employer may not pay wages during the period of leave.

If you take annual leave, statutory holidays, work-related injury leave, marriage leave, maternity leave, bereavement leave and other paid leave, the enterprise must pay the full amount of wages according to the regulations.

3. Being late for work is a violation of the company's regulations, but the law does not stipulate that you must be fined. If an enterprise wants to be punished in accordance with the company's rules and regulations, the rules and regulations on which the enterprise is based must meet three conditions:

1) The formulation of the rules and regulations must go through a democratic process, that is, with the consent of the workers' congress or the trade union, or to all employees to punish opinions;

2) The content of the rules and regulations must be legal and reasonable, and if it conflicts with laws and regulations or is obviously unfair, it will be invalid from the beginning;

3) The rules and regulations must be truthfully publicized to the employees. If it is not disclosed to the employee, the employee cannot be bound. Article 25 of the Labor Law, Articles 39 and 40 of the Labor Contract Law stipulate that an employer may unilaterally terminate an employment contract.

2. Penalties for absenteeism.

1. For absenteeism, the relevant provisions of the Labor Contract Law are one of the conditions for an enterprise to dismiss an employee, that is, if an employee is absent from work for a long time and violates the relevant regulations of the enterprise, the enterprise may terminate the labor relationship.

2. Regarding the punishment for absenteeism, the Labor Contract Law does not clearly stipulate it, but since the previous Regulations on Rewards and Punishments for Employees of Enterprises have been repealed, there are clear provisions in the laws and regulations of relevant departments such as the Regulations on Wage Payment, that is, the enterprise can make economic deductions for employees who violate the labor contract and relevant internal regulations of the enterprise, but the deduction amount shall not exceed 20 of the monthly salary and shall not be lower than the local minimum wage standard after deduction.

3. The enterprise does not have the right to impose a penalty on the employee, let alone a fine, of course, if the deduction of wages is reasonable, it can be exercised. If an employee seriously violates the rules and regulations of the enterprise, the enterprise may punish him or her in accordance with the law, but not more than the limit permitted by law.