labour law
Article 25
In any of the following circumstances, the employer may terminate the labor contract:
1. It is proved that it does not meet the employment conditions during the probation period.
2, a serious violation of labor discipline or the rules and regulations of the employer.
3, serious dereliction of duty, corruption, causing great damage to the interests of the employer.
4. Being investigated for criminal responsibility according to law.
The State Council "Regulations on Rewards and Punishment of Enterprise Employees"
Article 18?
Workers often absent from work without justifiable reasons, criticize the education is invalid, continuous absenteeism for more than 15 days, or cumulative absenteeism for more than 30 days in a year, the enterprise has the right to be removed.
The second is the compensation (i.e. economic compensation) for dismissed employees (i.e. termination of labor contracts or dismissal).
labour law
Article 28
If the employing unit terminates the labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the state.
The legal basis for punishing employees for absenteeism is the provisions of Article 25 of the Labor Law, which does not fall within the scope of economic compensation as stipulated in Article 28.
Therefore, due to negligence such as absenteeism, the employer can unilaterally terminate the labor contract without paying economic compensation.
Extended data:
In order to reduce labor costs, a company dismissed seven employees on the grounds of absenteeism, fearing that their lack of legal knowledge might miss the best opportunity to defend their rights and thus avoid paying economic compensation.
A few days ago, Beichen District Legal Aid Center accepted the case and took legal measures in time, so that the company took the initiative to find employees to ask for reconciliation, and the employees obtained economic compensation after dissolving the labor relationship.
Seven employees have worked in the company for years ranging from 2 years to 12 years. Later, due to the contraction of the company's business, the service scope was changed from Beichen District to Jinnan District. In order to reduce labor costs, the company proposed to terminate the labor relationship with seven employees on the grounds of absenteeism without paying any economic compensation. After receiving the notice, seven people thought that the company decided to infringe on the legitimate rights and interests of employees and asked the Beichen District Legal Aid Center for help.
After accepting the application, the Center appointed Zhao Jianna, a lawyer from Gina Law Firm, to undertake the case. It is understood that the company dismissed its employees for absenteeism and other reasons, thus exempting them from the obligation to pay economic compensation. Because the labor relationship can't be maintained, employees can get economic compensation if they propose to terminate the labor relationship with the company according to law.
In this case, the key to safeguarding rights is to propose to terminate labor relations before the company. After investigation, the lawyer found that all the workers did not pay social insurance in full, so he proposed to terminate the labor relationship with the company on this ground and demanded economic compensation. The notice of termination of labor relations is sent to the company by express mail, and relevant evidence materials are collected in time, an arbitration application is written, and arbitration filing procedures are handled.
The company received the notice of termination of labor relations, learned that arbitration had been initiated, understood the consequences of the trial, and took the initiative to find workers to ask for mediation before the trial. After many consultations, a mediation agreement was reached, and the employee terminated the labor relationship with the company. The company paid a one-time economic compensation of more than 40,000 yuan, and seven employees went through the withdrawal procedures after receiving the compensation.
Baidu Encyclopedia-Regulations on Rewards and Punishment of Enterprise Employees
Baidu Encyclopedia-People's Republic of China (PRC) Labor Law
China News Network-The company won the compensation for reducing the cost by defending the rights of seven absenteeism employees.