Legal analysis
The Labor Contract Law does not stipulate the specific absenteeism time to be dismissed. The so-called absenteeism means that workers are absent from work without asking for leave, and absenteeism means that workers should be at work rather than at their posts. Whether a worker is on duty is not the only criterion to judge whether he has attendance records, but whether he is on duty. The labor law does not stipulate how many days a worker is absent from work, and the employer can terminate the labor contract. The regulations of each company are different, usually three days. Absenteeism itself violates the relevant regulations of the company, but for human reasons, the company does not dismiss employees at the beginning of absenteeism, only employees who have been absent for three consecutive days. The specific situation of how many days an employee is absent from work should be determined according to the actual situation, especially the relevant situation of dismissal, which needs to be implemented by both parties according to the relevant provisions in the contract, that is, if the employer determines that he is absent from work for three days when signing a labor contract with the employee, the labor contract can be terminated after the relevant situation occurs.
legal ground
Article 39 of the Labor Contract Law of People's Republic of China (PRC) * * * In any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved not to meet the employment conditions during the probation period; (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.