Is it illegal for an employee who is absent from work to be required to write a resignation report?

Absenteeism is a violation of the rules and regulations of the enterprise, and it is not illegal for the employer to require the employee to write a resignation report and there is no conflict with the current law.

Businesses have their own rules and regulations, which are valid as long as they do not conflict with the law. The labor law does not have mandatory provisions on dismissal after a few days of absenteeism, and generally you can be dismissed after three days of absenteeism per month.

If an employee's absenteeism seriously violates the rules and regulations of the employer, the employer has the right to dismiss the employee instead of requiring him or her to write a resignation report.

The employer does not have the right to require the employee to write a resignation report, if the number of days of absenteeism meets the conditions for dismissal, it can be dismissed after paying wages and economic compensation, if the employee writes a resignation report according to the requirements of the unit, it will be handled as the employee's voluntary resignation.

Resignation Report: Dear XX Total:

Hello! In these days, although my work is not perfect, but with the help and assistance of my colleagues in the company, especially your trust and support, I also require myself to be conscientious, and every job has been treated with my own efforts. Speaking from the heart, the leaders are favored, and the colleagues are harmonious, which is really the best working environment I have encountered since I worked.

But after much hesitation, I wrote this letter anyway.

I'm leaving the company!

I really didn't want to, but I had to choose this way.

You know, even though I'm a girl, I'm not a person who is afraid of hardship. What embarrassed me was that my poor health actually became the reason for me to leave the company this time. Although my problem was not a big problem, the doctor's repeated instructions for me to recuperate made me have to take it seriously.

You know, a good job is important for a girl, but a healthy body is the foundation of everything.

I am a rational and realistic person, although career progress is also my dream, but I dare not fight for any youth. Health is really more important to me than anything else. With my physical condition, I can no longer do the work you gave me, so I don't want to embarrass myself, let alone you and the company, I have to leave.

I really need to take a break, and I don't want to have one or another hidden illness at my age. Although I know that such a reason may not seem like much to others, it is really important to me, and I hope you understand and understand it.

Since joining the company, I am very touched by your respect and trust in me, and it has also become a motivation for me to work hard. With the enthusiastic guidance and careful help of you and your colleagues, my personal improvement of business literacy and social experience are very obvious. I often think that I should use a grateful heart to repay you and the company for my love, and really want to use my own efforts to do a good job in every task you give, but my ability is really limited, and I may not be able to do anything that satisfies you, so if there are any mistakes and deficiencies in the work, I can only say sorry to you, please forgive me!

I beg you to accept my request to resign!

Thank you! Signature**

YYYYYYYYYYYYYYYYY

Legal Analysis: Absenteeism, i.e., the act of absenteeism without asking for leave by a single employee who violates the work system. If the employer does not agree to terminate the labor contract immediately after submitting the resignation report, and the employee is absent from work and the employer terminates the labor contract in accordance with the rules and regulations, the employee is deemed to have terminated the labor contract in violation of the law and is not required to pay economic compensation.

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

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

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.

Legal analysis: The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract. If the employer has not immediately agreed to terminate the employment contract immediately, it is considered absenteeism if it has to arrange for work or duty.

If the employer fails to agree to terminate the labor contract immediately after submitting the resignation report, and the employee is absent from work, causing the employer to terminate the labor contract by using the formulated rules and regulations, the employee shall be deemed to have terminated the labor contract illegally. However, the employer shall still issue a resignation certificate for the employee, and if the employer refuses to issue it on the grounds that the employee is absent from work, the employee may file a complaint with the labor inspection brigade.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

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

The handling of an employee's unexcused absence from work can be resolved in accordance with the employer's employment regulations.

For example, if an employee is absent from work for 1-3 days without reason, 2 days of basic salary will be deducted; If an employee is absent from work for more than 3 days without reason, the employment relationship or labor contract shall be terminated within 7 days; Employees who are absent from work for more than 7 days without cause will be dismissed directly or unilaterally.

According to Article 39 of the Labor Contract Law, 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 or malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, seriously affecting 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 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.

If the conduct meets the requirements of paragraph 2 of this article, the employer may unilaterally terminate the labor contract on the grounds of serious violation of the rules and regulations of the unit, and give the employee a notice of termination of the labor contract.

Article 18 of the Regulations on Rewards and Punishments for Employees of Enterprises stipulates that if an employee is absent from work without justifiable reasons, and is absent from work for more than 15 consecutive days or more than 30 days in a year after criticism and education is ineffective, the enterprise has the right to dismiss him.

Legal Analysis: The employment contract can be terminated. 1. If the employee has not returned or requested to return to work after the disputed absenteeism date, but directly initiates labor arbitration after receiving the notice of termination of the labor contract, demanding that the company pay double compensation for the illegal termination of the labor contract.

In practice, it is deemed that the labor contract is "deemed to have been terminated by the company and agreed upon by both parties", and the company only needs to pay double the economic compensation. 2. If the employee requests to return to work after the disputed absenteeism date and initiates labor arbitration after receiving the notice of termination of the labor contract, then in this case, once the legality of the company's termination of the labor contract on the grounds of absenteeism is not recognized, it will be deemed to be "illegal termination of the labor contract" and double the compensation shall be paid.

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 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 or 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 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.

According to what you said, you are a voluntary resignation. Voluntary resignation refers to the voluntary resignation of the employer without asking for leave and resigning from the employer without a written application, and leaving the job for more than the period specified by the employer.

As for the resignation certificate, you can still go to the original company and ask for it to be issued for you, depending on how he wrote it for you, whether it is written as a voluntary resignation or the unit dismisses you, if it is written the latter, it may have some impact on your new job in the future.

Summary. Before submitting the report, they are considered to be incumbents before they are approved, and absenteeism should be handled in accordance with the requirements of the incumbents.

Before submitting the report, they are considered to be incumbents before they are approved, and absenteeism should be handled in accordance with the requirements of the incumbents.

Hello. I work for a listed company.

Same. The resignation report handed in, the leader changed it to the number, and then I didn't pay attention, took it to the leaders to sign, and the leaders also signed, and I laughed at it, and changed it for me, and then I didn't miss work.

This was told to me after I asked for leave, saying that according to the requirements, I should take the leave slip from Mingchun to the leader to sign, but everyone else was taken by the squad leader to sign, so I asked the squad to shout Naichang, why didn't he tell me that he couldn't ask for leave continuously during the resignation.

Hello, see the reply, thank you.

All right. In the case you are talking about, it may be that the company wants to brush you.

Play. The leaders have all signed, in this case, if I don't go, is it absenteeism?

Yes, there will be no compensation if you are absent from work.

When you joined the company, did the contract you sign say that the employee should be compensated if he leaves the company?

The company wants to add an insurance so that you don't go to work without asking for leave, so that even if you leave the job voluntarily, the company doesn't have to hold on to any liability and compensation.

The resignation report will be in the unit.

You can say that you don't want to quit anymore and see if you can get the resignation report back.

When you get it back, call in sick.

Go to the hospital to issue a certificate that you are not fit for work, stay at home, and the company needs to give money.

Go to the relevant department for an occupational disease evaluation.

You pretend to be sick yourself.