Three days of absenteeism counts as automatic resignation.

Whether absenteeism for three days is regarded as voluntary resignation, there is no relevant provision on voluntary resignation in Chinese law, and the provision on voluntary resignation belongs to the category of company rules and regulations management. If the company stipulates that absenteeism for three days is automatic resignation, it will be handled in accordance with the articles of association.

If the employer's rules and regulations stipulate that absenteeism for three days counts as automatic resignation, the employer may unilaterally terminate the labor contract without compensation. Absenteeism is not stipulated by law, but by the rules and regulations of the employer. Generally, absenteeism for three or fifteen days in a row is a serious violation of the rules and regulations of the employer, and the employer can dismiss it.

Is it illegal to leave automatically after three days of absenteeism?

There is no legal provision for this. Although an employee's absence from work for three days cannot be regarded as automatic resignation, the unit can dismiss the employee according to the company's rules and regulations, and the unit can deduct part of the employee's reward treatment as punishment, but it cannot deduct the employee's salary.

Absence from work for several days in a row can terminate the labor relationship, and arbitration can only be accepted and recognized if the company has its own rules and regulations. And the company needs to prove that the rules and regulations have been delivered to the employees themselves. In addition, the fact of absenteeism requires the unit to prove that it has indeed notified the workers. It's not enough just to send text messages and emails. Need to send a written notice, keep the courier receipt, and check the courier delivery record.

Is it illegal to leave automatically after three days of absenteeism?

How much is the deduction for a day of absenteeism?

If you are absent from work for one day, you will generally deduct the salary of that day, which is generally divided by the salary of the current month and the actual working days. Therefore, the specific wage deduction needs to be determined in combination with my salary and the number of working days in the current month.

Absenteeism and direct resignation to get paid?

Workers who stop work directly due to absenteeism can deduct wages on the same day, but the employer cannot directly deduct wages. Absence is determined as follows:

One is not to provide labor in accordance with the provisions of the employer;

Second, there is no justifiable reason;

Third, without the consent of the employer. According to the specific provisions of our existing laws and regulations and the provisions of judicial interpretation, this is an obvious conclusion.

Treatment of absence

1, enterprises should have a standardized attendance system. The employing unit shall formulate the attendance system through consultation with the workers, and stipulate it through democratic discussion, publicize and issue the attendance system, and clearly inform the workers of the attendance mode and the corresponding reward and punishment system. The lawyer suggested that the employer should take the attendance system as an annex to the labor contract, negotiate with the employee when signing the written labor contract, and the employee will sign it for confirmation or hand over the employee handbook containing the attendance system to the employee for confirmation.

2. Enterprises should establish scientific and reasonable attendance methods. At present, employers generally use attendance machines, that is, recording the commuting time of workers by punching cards or verifying fingerprints. Although it is simple and quick to adopt this attendance method, the resulting attendance record is only made unilaterally by the employer. When there is a dispute, workers often refuse to admit the attendance records that have not been confirmed by themselves. It is suggested that the employer should introduce the link of employee confirmation when designing the attendance mode. For example, before each department submits the attendance records of its own workers to the personnel department of the unit, the workers themselves must first sign for confirmation.

3. Collect other valid evidence of employee's absence. In addition to attendance records, enterprises should also collect other evidence that can prove employees' absenteeism, such as video recordings within the enterprise. Personnel of the enterprise can communicate with employees by telephone, explain when and ask the reasons why employees don't come to work, which not only expresses their consideration for employees, but also understands the reasons why employees don't come to work. Of course, pay attention to the telephone recording.

4. In order to strengthen the evidence, enterprises can also add a procedure to urge them to return to their posts. The enterprise can send a written notice (e-mail) to the employee, indicating the number of days the employee is absent from work without reason, and restricting the employee to report to the company within a certain period of time, otherwise it will be treated as absenteeism, and the company will terminate the labor contract according to certain rules and regulations.

5. Finally, the procedure is terminated. When the employer meets the above conditions, it can issue a notice to the employee to terminate the labor contract, but it should be noted that, first of all, in the notice to terminate the labor contract, the reason for terminating the labor contract must be indicated, that is, to terminate the labor contract due to absenteeism; Secondly, the notice of termination of the labor contract should be served on the laborer. According to the regulations, the service should be delivered directly first, and if I am not here, I will give it to my adult relatives who live with me to sign for it. If it is difficult to deliver directly, it can be delivered by mail, and the date of receipt indicated on the receipt of registered inquiry is the date of delivery. Only when the whereabouts of the person to be served are unknown, or cannot be served through the above-mentioned delivery methods, can the service be served by announcement, that is, posting an announcement or notifying through the news media. Thirty days after the announcement, it shall be deemed to have been delivered. If it can be served directly or by mail but is not used, if it is served directly by announcement, it shall be deemed invalid.

legal ground

People's Republic of China (PRC) labor contract law

Article 39

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 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.