The Labor Law stipulates the number of accumulated absenteeism before terminating the labor contract

The labor law does not stipulate how many days a miner can terminate a labor contract, which is stipulated by the rules and regulations of the unit.

According to Article 39 of the Labor Law, 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 conditions;

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, which has 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. Those who have been investigated for criminal responsibility in accordance with law.

The Labor Law does not stipulate the statutory circumstances under which an enterprise may terminate an employment contract due to an employee's absenteeism.

If the employer terminates the employment contract for this reason, it is a violation of the labor law, and the employee may apply for labor arbitration to request the employer to pay compensation.

PS: The statutory circumstances under which an enterprise may contact a labor contract as stipulated in the Labor Law are:

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 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.

In the past, the regulations on rewards and punishments for employees clearly stipulated that those who were absent from work for 15 consecutive days and were absent from work for a total of 30 days could be dismissed, but now this provision has been repealed and implemented in accordance with the provisions of the Labor Law. The contract can be terminated, therefore, it should be implemented in accordance with the rules and regulations of the enterprise.

Legal analysis: If the rules and regulations of the employer are seriously violated, the employer may terminate the labor contract. The employer may terminate the labor contract if the employee is absent from work for a few days, and the employer may formulate an internal management system for the unit.

In practice, the prevailing standard is to be absent from work for 3 days as the criterion for dismissal. If the employer stipulates in the rules and regulations that the employee can be dismissed if he is absent for 3 consecutive days, and the rules and regulations have been formulated through democratic procedures and the employee has been informed, the court will dismiss the case.

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) 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, 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.

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.

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.

According to Article 4 of the Labor Law of the People's Republic of China, "the employer shall establish and improve rules and regulations in accordance with the law to ensure that the employee enjoys labor rights and fulfills labor obligations. Article 89 stipulates: "If the labor rules and regulations formulated by the employer violate the provisions of the law or the law, the labor administrative department shall give a warning and order it to make corrections; If damage is caused to the laborer, the employee shall be liable for compensation. 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 (Fa Shi [2021] No. 14) 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 policies, and have been publicized to the employees, they may be used as the basis for the employer to punish the employee who violates discipline and regulations, and as the basis for adjudication or labor dispute arbitration in the event of a labor dispute.

Judging from the above-mentioned legal provisions, it is the right of the employer to formulate rules and regulations, and the employer has the right to formulate factory rules and disciplines to regulate the daily work order and the rewards and punishments of employees. However, the rules formulated by the employer itself cannot contradict the laws of the country. If the formulation of rules and regulations violates the provisions of the law, it will not only be invalid, but also bear the corresponding liability for compensation.

If a miner is absent for 3 consecutive days or more within a month, it is a serious violation of discipline, and the company can terminate the labor contract. No financial compensation is required. The state stipulates that the company can terminate the labor contract for employees who have seriously violated discipline.

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.

The state stipulates that the company can terminate the labor contract for employees who have seriously violated discipline. 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 it is defined as a serious violation of discipline if a miner is defined as being absent from work for 3 consecutive days, absenteeism for 5 days within a month and rent more than indiscriminately, the company can terminate the labor contract. No financial compensation is required.

In the past, the regulations on rewards and punishments for employees clearly stipulated that those who were absent from work for 15 consecutive days and 30 days in total could be dismissed, but now this regulation has been abolished and implemented in accordance with the provisions of the labor law.

1. There is no provision on self-separation in the Labor Contract Law.

Article 25 of the Labor Law and 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 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 the act 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 you a notice of termination of the labor contract.

2. The Labor Contract Law does not provide for the removal of absenteeism.

As for the absence from work for a few days, the employer may terminate the labor contract, and the unit may formulate an internal management system for the unit, which shall be formulated by itself according to the situation of the accident.

1. How many days can a miner be absent from work for a total of 3 consecutive days, and 5 or more days of absenteeism within a month is a serious violation of discipline, and the company can terminate the labor contract. No financial compensation is required. The state stipulates that the company can terminate the labor contract of employees who are strict and sensitive to serious disciplinary violations.

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. The state stipulates that the company can terminate the labor contract for employees who have seriously violated discipline.

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 a miner is defined as a miner for 3 consecutive days, and is absent from work for 5 days or more within a month, it is a serious violation of discipline, and the company can terminate the labor contract.

No financial compensation is required. In the past, the regulations on rewards and punishments for employees clearly stipulated that those who were absent from work for 15 consecutive days and 30 days in total could be dismissed, but now this provision has been repealed and is implemented in accordance with the provisions of the Labor Law. Article 25 of the Labor Law, Articles 39 and 40 of the Labor Contract Law stipulate that the employer may unilaterally terminate the labor contract.

Article 39 An employer may terminate a labor contract under any of the following circumstances: (1) It is proved that a worker 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, 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 the act meets the requirements of the second paragraph of this article, the employer may unilaterally terminate the labor defense 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.

3. The Labor Contract Law does not provide for the removal of absenteeism. As for the absence from work for a few days, the employer may terminate the labor contract, and the unit may formulate an internal management system of the unit and formulate it itself according to the situation. To sum up, generally companies have their own systems, for absenteeism for a few days to violate the unit system, the unit has the right to unilaterally terminate the labor contract with the employee, but not orally, although there is a labor law to protect the legitimate rights and interests of the employee, but also in the case of the employee to comply with the relevant legal provisions.