I didn t get approval for leave, and I went to work again afterwards, can I be dismissed again?

1. If the employee does not come to work without approval for leave, the employer can dismiss the employee.

2. Failure to approve leave and not coming to work without permission is a serious violation of discipline.

3. In accordance with the Labor Contract Law

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.

First of all, what leave are you taking, if the personal leave is not approved by the unit, beyond a certain time limit, the company can dismiss you; If it is sick leave, you have sufficient proof of sick leave, and your employer should grant you a break.

Secondly, it depends on the number of days you take off, if it is only 1 or 2 days, the unit cannot dismiss you, and can only be treated as absenteeism, according to the system of each unit, issue a warning and the like.

According to the labor law, Party B can dismiss you.

Cannot be dismissed. Personal leave refers to the employee's request for leave due to personal or personal reasons, and the employer may not approve it unless there are special circumstances, but it cannot be dismissed for this reason. If the employer refuses to approve it, the employee shall not take leave, otherwise it will be considered absenteeism, and if the absenteeism reaches a certain number of days, it constitutes a serious violation of the rules and regulations of the employer, and the employer may terminate the labor contract.

If an employee takes personal leave and the employer approves it, it is an agreement between the two parties, and it is not illegal to be able to take as many days as possible, nor does it violate the rules and regulations of the employer, and the employer has no right to dismiss the employee for this reason.

Legal basis

Article 37 of the Labor Contract Law of the People's Republic of China.

The employee may terminate the 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 of the Labor Contract Law of the People's Republic of China.

The employee may terminate the 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 workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under 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 directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

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, 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 of the Labor Contract Law of the People's Republic of China.

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:

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.

It is unreasonable not to grant leave under special circumstances, and it is impossible to negotiate a complaint with the labor inspection brigade or apply for labor arbitration. The so-called personal leave refers to the leave that employees ask for from the employer because of their own affairs. Since personal leave is not official and is not a state-mandated holiday with a welfare nature, personal leave is usually unpaid.

Article 15 of the Interim Provisions on Payment of Wages Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages: (1) The individual income tax withheld and paid by the employer is distributed.

2) All social insurance premiums withheld and paid by the employer that should be borne by the individual worker. (3) The "alimony" and alimony that are required to be deducted on behalf of the relatives in the court's judgment or ruling. 4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.

If an employee frequently takes personal leave, the company cannot dismiss him if there is a legitimate reason and it does not affect the labor. However, if the employee frequently takes personal leave without finding a reason, which constitutes a serious violation of the rules and regulations of the employer, the company may dismiss the employee without paying severance or compensation.

Article 40 of the Labor Contract Law of the People's Republic of China 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 employee is sick or injured not due to work, and is unable to engage in his original job or work arranged by the employer after the expiration of the prescribed medical treatment period; 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. Article 42 of the Labor Contract Law of the People's Republic of China The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee falls under any of the following circumstances:

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (6) Other circumstances provided for by laws and administrative regulations.