What are the legal provisions for absenteeism?

The legal provisions on absenteeism are as follows:

1. If the employee's absenteeism is a serious violation of the rules and regulations of the employer, the employer may terminate the labor relationship with the employee. It depends on the company's rules and regulations;

2. How to identify absenteeism as a serious violation of discipline by almost all enterprises, and stipulate that "the employer may terminate the labor contract if the employee seriously violates the rules and regulations of the employer". Therefore, many enterprises identify absenteeism for more than a few days as one of the serious violations.

Absenteeism without reason can be dismissed in the following ways:

1. Employees who have been absent from work for 7 days can be fired. Employees' absenteeism without reason can be solved in accordance with the employment regulations of the employer;

2. The employee is absent from work without reason 1 to 3 days, and the basic salary will be deducted for 2 days;

3. The employee is absent from work for more than 3 days without reason, and terminates the labor relationship or labor contract within 7 days;

4. If the employee is absent from work for more than 7 days without reason, he will be directly dismissed and unilaterally terminate the labor relationship.

To sum up, the employer how to deal with employee absenteeism, just like the situation in the consultation question, if the employee absenteeism without reason, the employer will terminate the labor contract with the employee, because the employee absenteeism for several days in a row constitutes a serious violation of discipline. If employees refuse to accept the punishment of the enterprise and labor disputes occur, if employees do not recognize the attendance records provided by the enterprise without employees' signatures and their own absenteeism, the enterprise is likely to bear the risk of losing the case.

Legal basis:

Article 39 of People's Republic of China (PRC) Labor Contract Law

(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 50

The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.