The leave system stipulates that it is illegal to leave your job automatically if you don't take leave for more than three days.
What is voluntary resignation:
The Reply of the former General Office of the Ministry of Labor on How to Define Voluntary Resignation and Absenteeism (Lao Ban Fa [1994] No.48) made it clear that "voluntary resignation" refers to the behavior of employees leaving without authorization. That is, employees leave their jobs without authorization according to the enterprise and their own situation, and forcibly terminate their labor relations with the enterprise. Those who resign are not allowed to leave without authorization; Leave without saying why; Under the temptation of generous treatment, he "jumped ship" without authorization.
The employee didn't ask for leave and didn't go to work for three days. What is this?
The former Ministry of Labor once stipulated that absenteeism refers to force majeure, in which employees neither take time off or leave without approval, but do not go to work. Workers who have not been absent from work for three days should be absent from work. However, absenteeism is not automatic resignation, and the labor contract law has abolished the theory of automatic resignation. It is against the spirit of laws and regulations that the employer stipulates that it will automatically leave after three days of absenteeism, which is invalid.
However, the employer can formulate rules and regulations according to law through democratic procedures, stipulating that absenteeism for three days is a "serious violation of the employer's rules and regulations." If the employer fails to resume work after being urged, it may terminate the labor contract according to the provisions of Item (2) of Article 39 of the Labor Contract Law.
The Labor Contract Law does not provide for voluntary resignation. Article 25 of the Labor Law and Articles 39 and 40 of the Labor Contract Law stipulate that the employer may unilaterally terminate the labor contract.
Labor Contract Law
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
That is, if your behavior conforms to the provisions of the second paragraph of this article, the unit 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 to terminate the labor contract. If you only pay lip service to how you are, even if you leave your job, you will not be notified to terminate the labor contract. The labor contract between you is valid.
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