When absenteeism is found, send a written request for returning to work to employees. After repeatedly requesting to return to work in the future, employees will be sent a written labor contract termination form.
How companies generally punish employees for absenteeism;
1, the Labor Law gives the employer the power to formulate and implement labor disciplines and rules and regulations.
Absenteeism is against labor discipline. Serious absenteeism may even be removed from the employer. It is normal enterprise management for the employer to punish and fine it according to the provisions of labor discipline and rules and regulations.
3. As for the punishment for absenteeism, it is linked to the safety score and year-end bonus, which is also the autonomy allowed by laws and regulations. Because each company has different operating characteristics, it can formulate different labor disciplines and rules and regulations. For example, some companies implement flexible working hours, which will relax labor discipline. Some companies operate 24 hours a day and are not allowed to be short of work, so they have to be strict in labor discipline.
Article 25 of the Labor Law
In any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of labor discipline or the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;
(4) Being investigated for criminal responsibility according to law.
Article 39 of the Labor Contract Law
Article 39 stipulates that the employer 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.
Article 40 of the Labor Contract Law
Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
1. For absenteeism, the relevant provisions of the Labor Contract Law are one of the conditions for an enterprise to dismiss employees, that is, employees are absent from work for a long time and violate the relevant regulations of the enterprise, and the enterprise can terminate the labor relationship.
2. The Labor Contract Law does not clearly stipulate the punishment for absenteeism. However, due to the abolition of the previous Regulations on Reward and Punishment of Enterprise Employees, it is clearly stipulated in the Regulations on Wage Payment and other relevant departments' laws and regulations that enterprises can make economic deductions for employees who violate labor contracts and internal relevant regulations, but the amount of deduction shall not exceed 20% of the monthly salary, and shall not be lower than the local minimum wage standard after deduction.
3. Enterprises have no right to punish employees, let alone fine them. Of course, wages can be deducted if it is reasonable. If an employee seriously violates the rules and regulations of the enterprise, the enterprise may punish him according to law, but it shall not exceed the limit permitted by law. It is obviously illegal to deduct absenteeism for half a month, and you can advocate rights protection, but the decision on whether to protect rights is in your own hands.
Extended data:
Labor law of the people's Republic of China
(65438+1Adopted at the Eighth Session of the Standing Committee of the Eighth NPC on July 5, 1994)
Article 40? During the following festivals, the employer shall arrange employees' vacations according to law:
(1) New Year's Day;
(2) Spring Festival;
(3) International Labor Day;
(4) National Day;
(five) other holidays as prescribed by laws and regulations.
Forty-first due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.
Forty-second? Under any of the following circumstances, the extension of working hours shall not be restricted by the provisions of Article 41 of this Law:
(a) the occurrence of natural disasters, accidents or other reasons, threatening the life and health of employees and property safety, and requiring emergency treatment;
(two) production equipment, transportation lines, public facilities failure, affecting production and public interests, must be repaired in time;
(3) Other circumstances stipulated by laws and administrative regulations.
Article 43? The employing unit shall not extend the working hours of laborers in violation of the provisions of this law.
Forty-fourth? Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of workers during normal working hours according to the following standards:
(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;
(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.
Article 45? The state practices the system of paid annual leave.
Workers who have worked continuously for more than one year are entitled to paid annual leave. Specific measures shall be formulated by the State Council.
Chapter five? salary
Article 46? Wage distribution should follow the principle of distribution according to work and implement equal pay for equal work.
The wage level is gradually increased on the basis of economic development. The state exercises macro-control over the total wages.
Article 47 The employing unit shall independently determine the wage distribution mode and wage level of the unit according to its production and operation characteristics and economic benefits.
Forty-eight The state implements the minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record.
The wages paid by the employer to the workers shall not be lower than the local minimum wage.
Article 49? To determine and adjust the minimum wage standard, we should comprehensively refer to the following factors:
(a) the minimum living expenses of the workers themselves and the average dependent population;
(2) the average social wage level;
(3) labor productivity;
(4) Employment status;
(5) The difference of economic development level among regions.
Fifty? Wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
Article 51 During legal holidays, funeral leave and participation in social activities according to law, the employing unit shall pay wages according to law.
Article 91 If an employing unit infringes upon the legitimate rights and interests of workers in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) Refusing to pay overtime wages to laborers;
(3) Paying workers' wages below the local minimum wage standard;
(4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.