Absenteeism for a few days counts as voluntary resignation

The old and new laws stipulate that those who are absent from work for less than three days will be deducted one month's salary and quarterly bonus; Those who are absent from work for a total of five days will be deducted from three months' salary and half a year's bonus, and the year-end assessment will be regarded as basic competence. Those who are absent from work for more than 10 days will be deducted from their half-year monthly salary and annual bonus, and the year-end assessment will be regarded as incompetent.

If the employee is absent from work for a total of 15 days, the unit has the right to dismiss him in accordance with relevant regulations.

Absenteeism does not include statutory holidays. However, if you are absent from work for less than three days, it will generally be handled according to the company's regulations.

Q&A. First of all, the law does not stipulate how long an employee is absent from work to automatically leave the company, and how many days of absenteeism can be terminated.

Second, if the employer has rules and regulations, it can terminate the employment contract on the grounds that the employee has seriously violated 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) 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.

Hello, it depends on the company's internal legal and effective regulations in this regard, there was a provision before, but now it is invalid, mainly by the company's internal regulations, but the regulations must go through the democratic degree system, and through publicity.

Legal Analysis: The law does not stipulate the time for voluntary separation of absenteeism. Voluntary resignation is the resignation of employees according to the enterprise and their own circumstances.

Employees who are often absent from work without justifiable reasons, and who are criticized and educated for being ineffective, reach the prescribed number of days of absenteeism, that is, more than 15 consecutive days of absenteeism, or more than 30 days of cumulative absenteeism within one year.

Legal basis: Civil Code of the People's Republic of China

Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 469:The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 509:The parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 929:In a paid entrustment contract, where the client's losses are caused by the trustee's fault, the client may request compensation for the losses. In the case of a gratuitous entrustment contract, if the client suffers losses due to the trustee's intention or gross negligence, the client may request compensation for the losses.

Where the trustee exceeds his authority and causes losses to the client, the losses shall be compensated.

Article 930:Where a trustee suffers losses due to reasons not attributable to him or her when handling entrusted affairs, he may request compensation from the client.

Absenteeism for 15 days or more than 3 consecutive days is considered voluntary resignation, as follows:

1. If the employee is generally absent from work for 15 days, or for three consecutive days, it is a serious violation of the rules and regulations of the employer, and the employer may unilaterally terminate the labor contract;

2. The specific date is determined by the rules and regulations of the employer, and there is no clear provision in laws and administrative regulations. If the employer dismisses the employee for negligence, it is not required to pay economic compensation, but it shall pay the labor remuneration due to the employee in accordance with the law.

After a labor dispute arises between an employee and an employer, it can be resolved through a variety of procedures, as follows:

1. The two parties negotiate and settle the matter on their own, and the parties negotiate and reach an agreement on a voluntary basis;

2. In the mediation procedure, if the two parties are unwilling to negotiate on their own or fail to reach an agreement, the two parties may voluntarily apply for mediation by the enterprise mediation committee and consciously perform the agreement reached through mediation. If the mediation fails, the applicant may apply for arbitration. The parties may also apply directly for arbitration;

3. Complaints: When the rights and interests of the worker are infringed by the employer or illegal employment intermediary agency, etc., the worker may file a complaint with the labor security supervision agency.

Labor Law of the People's Republic of China

Article 21 A probationary period may be stipulated in a labor contract. The probationary period shall not exceed a maximum of six months. Article 25 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) Serious violation of labor discipline or the rules and regulations of the employer; Acacia and Song.

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

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

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.

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 employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to turn a blind eye to the rectification 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.

That is, if your behavior meets the provisions of the second paragraph of this article, the employer can unilaterally terminate the labor contract on the grounds of serious violation of the rules and regulations of the unit, and give you a notice of termination of the labor contract.

1. Absenteeism for a few days is considered automatic resignation.

1. Absenteeism for more than 3 days is generally regarded as automatic resignation, unless otherwise agreed in the articles of association. According to the regulations, wages should be paid to the worker himself in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

2. Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating 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 an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

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

2. The number of days of absenteeism can terminate the labor contract.

1. The law does not stipulate that the contract can be terminated if the employee is absent from a few days, but it stipulates that if the rules and regulations of the employer are seriously violated, the employer may terminate the labor contract. The termination of the labor relationship cannot simply be equated with removal or dismissal, but the final result is that there is no longer an employment relationship;

2. The company can terminate the labor contract for employees who have seriously violated discipline according to national regulations. And it does not fall into the form of severance required to be paid under the Labor Contract Law. Therefore, the company can clarify and institutionalize the nature of absenteeism.

If the definition of a miner is 3 consecutive days, absenteeism for 5 days within a month and a serious violation of discipline is regarded as a serious violation of discipline, the company can terminate the labor contract. No financial compensation is required;

3. The regulations on rewards and punishments for employees who have been absent from work for 15 consecutive days and have been absent for a total of 30 days can be dismissed, and now this provision has been abolished and implemented in accordance with the provisions of the labor law.