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In this case, try to take as little leave as possible, and it stands to reason that employees should be given the possibility of taking leave. If the workshop management is very strict, then only explain the situation to the administrator, if the administrator is too excessive, you can apply for labor arbitration.
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In fact, as a worker, if you want to protect your legitimate rights and interests, you should first see clearly why you are asking for leave, and it is best to go through the relevant procedures in the early stage, such as sick leave, it is best to have a diagnosis certificate from the hospital, if it is personal leave. You can clearly state what is going on, and you can also ask the company for leave in advance in the form of written leave, if you don't agree with the workshop, you can find the company's labor and personnel department, if there is a trade union, you can also reflect to the trade union, this is your legitimate rights and interests, as long as you follow the company's rules and regulations, you should be able to ask for leave.
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First of all, the team leader does not give you leave because the reason for your leave is less than the production task, which is an act of abiding by the rules and regulations of the factory! And for some reason, deliberately make things difficult for you, then this is the abuse of power for personal gain, malicious behavior!
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Private companies sometimes have a lot of tasks, and if you take a break, it may affect the delivery, so you can't take a break under special circumstances. If you insist on resting on how they handle it, you may not be able to accept it. There are things that need to be understood by each other.
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It is a violation of the labor law for the workshop not to allow absenteeism, and you can go to the local labor arbitration to complain about him.
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First of all, you didn't ask for leave and then didn't come to work to remember that your absenteeism is correct, and secondly, you have to figure out why you don't agree to your leave, because the workshop is too busy, or the other party deliberately embarrasses you, find the right reason to prescribe the right medicine.
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First of all, why don't you ask for leave, whether there is a personal grudge between you, a personal vendetta from the team leader or a deliberate attempt to make things difficult for you, or there are other reasons, such as the reason for your leave does not meet the leave requirements.
Not all reasons can be taken off, and it is normal not to approve it.
Secondly, if the other party intends to make things difficult for you, what about the workshop director? Or what about other superiors?
Have you ever reported to someone higher that you do have a valid reason to take a leave of absence and that you have been harassed?
Do you have? If you don't do this, it's right to leave and remember that you are absent from work, because you are indeed absent from work.
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Do not ask for leave to take your behavior as a giant absenteeism administrator.
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That is responsible for the work, the rules and regulations of the workshop.
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It's very simple to complain to the Labor Bureau
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It has the right not to use it, and it will be invalid when it expires.
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The ways to deal with the reputation of an employee who is absent from work without reason are: it can be resolved in accordance with the employment regulations of the employer.
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 chain judgment section of the employee who proves that he does not meet the employment requirements 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 after criticism and education is ineffective, he or she is absent from work for more than 15 consecutive days, or for more than 30 days in a year, the enterprise has the right to dismiss him.
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Employees who are absent from work without reason can be dealt with in the following ways:
1. It can be solved 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;
2. If the employee is absent from work for more than 3 days without reason within 7 days, the employment relationship shall be terminated or the labor contract shall be terminated;
3. If an employee is absent from work for more than 7 days without reason, he or she will be directly dismissed or unilaterally terminated from the labor relationship.
An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.
The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.
In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings. In resolving labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling.
After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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 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 relevant provisions;
(6) Those who have been pursued for criminal responsibility in accordance with law.
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Legal analysis: In the event of an employee leaving the company without authorization, the employer shall serve a notice in writing, restricting the employee to return to work within the specified time, and proposing measures to deal with the employee's failure to work within the time limit. Second, when an employee resigns without authorization and reaches the standard of dismissal, the employer shall make the termination of the employment relationship public and serve a notice of resignation on the employee in writing, notifying him or her to come to handle the handover and resignation procedures.
Article 25 of the Labor Law stipulates that if an employee falls under any of the following circumstances, the labor contract may be terminated if the employer is in a good position:
1) During the probationary period, it is proved that they do not meet the employment requirements; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.
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Employees who are absent from work without reason can be dealt with in accordance with the employer's regulations on absolute loss of employment.
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 and within 7 days, the employment relationship shall be terminated or the labor contract shall be terminated; If an employee is absent from work for more than 7 days without reason, he or she will be directly dismissed or unilaterally terminated.
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) it is proved that the employee does not meet the employment requirements 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, causing a serious impact on the completion of the work tasks of this order, 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 behavior meets the requirements of the second paragraph 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 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 frequently without justifiable reasons, and after criticism and education is ineffective, the employee is absent from work for more than 15 consecutive days, or the cumulative absenteeism time exceeds 30 days in one year, the enterprise has the right to remove him/her from work.
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Legal analysis: If an employee is absent from work, it will affect the normal operation of the company, bring losses to the company, and also violate the law and the company's rules and regulations, and the company has the right to punish him.
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) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the employer's rules and regulations;
3) Serious dereliction of duty, malpractice in the interest of the source of rent, 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 after being proposed by the employer;
(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.
After all these years, I still remember the kindness of my predecessor, he gave me a lot, and I am very grateful.
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