Does being absent from work for 3 days count as automatic resignation? Will wages still be paid?

Being absent from work for 3 days does not count as automatic resignation, and wages will be paid.

This is not legally required. Although an employee's absence from work for three days is not considered voluntary resignation, the company can fire the employee in accordance with the company's rules and regulations, and the company can deduct part of the employee's incentive benefits as a penalty, but it cannot deduct the employee's salary. If you are absent from work for several consecutive days, the labor relationship can be terminated. This requires the company's own rules and regulations before it can be accepted and recognized by arbitration. Moreover, the company needs to provide evidence to prove that these rules and regulations have been delivered to the employees themselves. In addition, the employer must prove that the employee has been absent from work. Sending text messages or emails is not enough. It must also send a written notice, keep the express delivery receipt, check the express delivery record, etc. If you are absent from work for one day, your salary for that day is generally deducted, and your salary for that day is generally calculated by dividing your monthly salary by the actual number of working days. Therefore, the specific amount of salary deduction needs to be determined based on your salary and working days in the month.

Anyone who falls under any of the following circumstances will be considered absenteeism:

1. Leaving the job without asking for leave or without approval;

2. The leave period has expired and the leave is not renewed or the leave extension is not approved and the leave is overdue;

3. Disobeying organizational transfers and work assignments, and not arriving at work on time. Among them, if the employee is absent from work for less than fifteen consecutive days or the cumulative number of days in a year is less than 30 days, and no annual bonus is paid, if the employee is absent from work for more than 15 consecutive days or the total number of days is more than 30 days in a year, he will be dismissed.

In the following circumstances, additional compensation needs to be paid to workers:

1. Failure to pay labor remuneration in full and in a timely manner as stipulated in the labor contract or in accordance with national regulations;< /p>

2. Paying workers wages lower than the local minimum wage;

3. Arranging overtime work without paying overtime pay;

4. Relieving or terminating labor contract and fails to pay economic compensation to workers in accordance with this law.

To sum up, if an employee is absent from work for three days without any reason, it will have a certain impact on the employer. Moreover, many companies clearly stipulate in their rules and regulations that any absence from work for more than three days will be deemed as automatic resignation. But the law has no relevant provisions.

Legal basis:

Article 29 of the "Labor Contract Law of the People's Republic of China"

The employer and the employee shall comply with the labor contract agreement and fully perform their respective obligations.

Article 30

The employer shall pay labor remuneration in full and in a timely manner in accordance with the labor contract and national regulations.

If the employer defaults or fails to pay labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 50

The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle files and social insurance for the workers within 15 days Relationship transfer procedures.

Labourers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.

The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.

Article 9 of the "Interim Provisions on Wage Payment"

When both parties to the labor relationship terminate or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full when the labor contract is terminated or terminated. .