If you are absent from work for several days in a row, the company may terminate the labor contract.

I recommend lawyers from Yiyuan County, Licang District, Chengwu, pinghu city, jianyang city, Changzhi County and Xixian County. In reality, some employees don't go to work on time, or even miss work for a long time. Some employees are absent from work 15 days, and the employer will deal with it accordingly and dismiss them. However, is it reasonable to terminate the labor relationship and dismiss after being absent 15 days? Although employees have been absent from work for a long time in a row, the dissolution of labor relations and dismissal must comply with the provisions of the labor law, otherwise it is unreasonable. The following small series will introduce in this article how the labor law stipulates the dissolution of labor relations and dismissal. 1. Absenteeism/kloc-Is it legal to terminate the labor relationship and dismiss after 0/5 days? The labor law does not specify the cumulative number of days of absenteeism and dismissal. The specific number of days, the employer can be agreed in the rules and regulations. Article 18 of the repealed Regulations on Rewards and Punishment for Employees in Enterprises, if employees are often absent from work without justifiable reasons, and the criticism and education are ineffective, the continuous absenteeism time exceeds 15 days, or the cumulative absenteeism time exceeds 30 days in a year, the enterprise has the right to be removed. There are relevant regulations, but they have been abolished. You can learn from it. 2. Termination of the contract due to absenteeism The law does not stipulate that a few days of absenteeism can terminate the contract. The law does not stipulate that the employer can terminate the labor contract if it seriously violates the rules and regulations of the employer. The termination of labor relations cannot be simply equated with dismissal or expulsion, and the final result is that there is no more labor relations. If the employee seriously violates the discipline stipulated by the state, the company may terminate the labor contract. And it does not belong to the form of economic compensation required by the Labor Contract Law. Therefore, the company can make the nature of absenteeism clear and institutionalized. If a miner is absent from work for three consecutive days, and absenteeism for five days or more in a month is defined as a serious violation of discipline, the company may terminate the labor contract. No economic compensation is needed. The previous Regulations on Employees' Rewards and Punishment clearly stipulated that those who have been absent from work for 15 days in a row and accumulated absenteeism for 30 days can be dismissed. Now this provision has been abolished and implemented in accordance with the provisions of the labor law. The labor law does not stipulate how many days they can be dismissed, but only stipulates that those who seriously violate the rules and regulations of the employer can terminate the contract. Therefore, it should be implemented in accordance with the rules and regulations of the enterprise. Third, the Labor Contract Law does not stipulate absenteeism, and the legal basis for absenteeism is the way that the employer proposes to terminate the labor relationship with the employees who are absent from work without justifiable reasons as stipulated in the Regulations on Rewards and Punishment for Enterprise Employees. The conditions for dismissal are: (1) employees are often absent from work without justifiable reasons; (2) criticizing the ineffectiveness of education; (3) Reach the stipulated absenteeism days, that is, the continuous absenteeism time exceeds 15 days, or the cumulative absenteeism time exceeds 30 days in 1 year. It should be noted, however, that this provision was explicitly abolished by Decree No.5 16 of the State Council on June 55438+1October 5, 2008. For example, the current rules and regulations of enterprises still stipulate relevant provisions such as "dismissal" or "dismissal", which obviously lacks legal basis. As for absenteeism for a few days, the unit may terminate the labor contract and formulate its internal management system according to the situation. Absenteeism 15 days can terminate the labor relationship and dismiss it according to the actual situation and specific reasons. If the employee ignores the reminder and warning of the employer and still absenteeism without reason, the employer may terminate the labor relationship and dismiss the employee according to the relevant provisions of the Labor Law. But as employees, we should also consciously fulfill the responsibilities and obligations of the unit and abide by the basic rules and regulations.