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The employee didn't come to work and didn't answer the phone. What should I do?
Legal basis: People's Republic of China (PRC) Labor Law.
Article 25 The employing unit may terminate the labor contract under any of the following circumstances.
1. It is proved that it does not meet the employment conditions during the probation period;
2. Serious violation of labor discipline or rules and regulations of the employing unit;
3. Serious dereliction of duty, graft, causing great damage to the interests of the employer;
4. Being investigated for criminal responsibility according to law.
Article 26 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance.
1. After the expiration of medical treatment, the laborer cannot engage in the original job or other jobs arranged by the employer;
2. The laborer is not competent for the job, and is still not competent for the job after training or adjustment;
3. The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract unable to be performed and the parties cannot reach an agreement on changing the labor contract through consultation.
Article 27 If it is really necessary for the employing unit to reduce its staff during the period of legal rectification on the verge of bankruptcy or serious difficulties in production and operation, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees and report to the administrative department of labor and social security before it can reduce its staff.
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