If I am dismissed for absenteeism, is there a previous month s salary?

If the employee is dismissed due to absenteeism, the salary shall be settled according to attendance, but if the employer suffers losses, it shall be liable for compensation.

If an employee is dismissed due to absenteeism, the employer shall settle the salary in a lump sum according to the Interim Provisions on Payment of Wages issued by the Ministry of Labor.

Absenteeism refers to the act of not asking for leave without justifiable reasons, or failing to attend work without being approved, which is a serious violation of labor discipline. If an employee suffers losses to the employer due to absenteeism, he or she shall be liable for compensation in accordance with Article 16 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor.

1. Although absenteeism for two or three days is a violation of labor discipline, it cannot be regarded as a serious violation of the rules and regulations of the factory, not to mention that the unit must have rules and regulations in this regard, even if there is a legal principle that whoever asserts it shall provide evidence, the employer must also produce sufficient evidence, one is to provide evidence to explain that the fact of your absenteeism is established, the second is to prove that the number of days of absenteeism is a serious violation of the rules and regulations of the employer, and the third is to show the relevant rules and regulations of the employer to prove that the system is stipulated in advance. Fourth, you should provide evidence to show that this rule has been communicated to you. All four pieces of evidence are indispensable, otherwise it is an illegal termination of the employment relationship. 2. 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 stipulates that "if 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 policy provisions, and have been publicized to the employees, they may be used as the basis for the people's court to hear labor dispute cases."

3. It can be seen that there are three principles for the law to treat the labor rules and regulations of enterprises: first, the procedures are legal, second, the content does not violate the mandatory provisions of the law, and third, it has been publicized to the workers, as long as these three conditions are met, the labor rules and regulations of the enterprise have legal effect, and both the enterprise and the workers should strictly abide by them. 4. According to the above provisions, if the unit does not have a relevant management system, or the management system has mandatory provisions, the establishment of procedures may not be legal, that is, it has not been reviewed and approved by the employee representatives.

Therefore, the rules and regulations themselves are not legal, and workers can not enforce them. 5. For the illegal termination of the labor contract, the employer may be required to pay compensation to the employee in accordance with the provisions of Article 87 of the Labor Contract Law, in accordance with the provisions of Article 47 of this Law. 6. For the illegal act of arrears of wages, the employer may be required to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law.

Legal Analysis: If you are dismissed for absenteeism, you will be paid, and the employer does not need to pay economic compensation. The employer shall pay the employee's wages in a lump sum when the labor contract is dissolved or terminated.

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. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

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 the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in 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 violates rules and regulations and forces the employee to perform risky work that 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 the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he seriously neglects his duties, commits fraud for personal gain, and causes 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, and (6) the employee is investigated for criminal liability 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:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation. Absolute Tree.

Even if a miner is dismissed for violating the company's system, the wages due last month will still be paid normally, and failing to do so is an act of arrears and deduction of wages, which is an illegal act.

According to Article 18 of the Interim Provisions on the Payment of Wages, the labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Legal Analysis: Yes. If a person is dismissed due to absenteeism, the employer will be forced to terminate the labor contract under the Labor Contract Law.

After the employer terminates the labor contract, it shall pay wages in accordance with the law, but is not required to pay economic compensation. The employer shall not deduct wages without a legal basis. Workers have the right to receive wages in accordance with the law.

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

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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and 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 under the jurisdiction of the employer or the city level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation shall be paid shall not exceed 12 years.

For the purposes of this article, the monthly wage refers to the average average wage of the employee for the 12 months prior to the termination or dissolution of the labor contract.

If the employee is dismissed due to absenteeism, the salary shall be settled according to attendance, but if the employer suffers losses, it shall be liable for compensation. If an employee is dismissed due to absenteeism, the employer shall settle the salary in a lump sum according to the provisions of Article 9 of the Interim Provisions on Wage Payment of the Ministry of Labor. Article 16 of the "Interim Provisions on Payment of Wages" stipulates that if an employee causes economic losses to an 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.

The compensation for the economic losses of the bank can be deducted from the wages of the workers themselves. 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.

Article 9 of the Interim Provisions on Payment of Wages When both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. Article 16 of the "Interim Provisions on Payment of Wages" stipulates that if an employee causes economic losses to an 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: It is possible to receive the salary of the regular attendance department. Absenteeism is a disciplinary violation, and employees are not entitled to receive wages and remuneration without providing labor, but the punishment for absenteeism is limited to the day of absenteeism and other penalties specified in the company's rules and regulations, such as dismissal, etc.

However, the employer does not deduct the employee's normal attendance on the grounds of absenteeism, and if a dispute arises, it can file a complaint with the labor arbitration department or the local labor inspection department.

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

Article 36 The employer and the worker may terminate the labor union if they reach a consensus through consultation.

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.

If a person is dismissed due to absenteeism, the employer will be forced to terminate the labor contract under the Labor Contract Law. After the employer terminates the labor contract, it shall pay wages in accordance with the law, but is not required to pay economic compensation. The employer shall not deduct wages without a legal basis.

Workers have the right to receive wages in accordance with the law. If the employer refuses to pay wages, the worker may file a complaint with the labor department, which shall order him to pay the wages. Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the employee in accordance with the provisions of this Law.