Absenteeism, Not The Unit Has The Final Say.

Wu is an employee of an electronics factory.

The factory employee manual provides that six days a week, a day off on Sunday, no more than 40 hours per week, and 3 days of continuous absenteeism. The factory can terminate the labor contract.

On Friday, July 8, 2016, Wu's middle school classmates came to see him, asking him to ask for leave for 1 days.

The chief executive replied to leave in writing and did not accept Wu's request for leave.

On July 11, 2016 (Monday), Wu was told when he returned to the factory to work. He had been relieved of labor contract for 3 days due to consecutive absenteeism.

Wu believed that he had asked for leave on Friday, and Saturday and Sunday were on weekends instead of working.

The factory believes that Wu's telephone leave is not approved. It is absenteeism. The factory works six days a week and does not exceed 40 hours per week, which is in line with the standard working hours, and it does not work on Saturday.

On Sunday, due to a temporary overtime work for 1 days, all employees were notified. Because Wu didn't come back to work for the first two days, he did not see the notice. It was his own reason. So he also belonged to absenteeism.

[problem analysis]

1, the legality of employee handbook is identified from two aspects: entity and procedure.

(in fact, the working hours system is not illegal. It does not work for more than 40 hours per week, and ensures that there is a continuous day for workers to rest. Saturday is working day.

The regulations on the reward and punishment of employees have been abolished. The stipulation of relieving the relationship in 15 days of continuous absenteeism has already lost the basis. The factory's regulations on the termination of the labor contract for 3 days of continuous absenteeism are not illegal.

The procedure depends on whether the employee handbook has been passed through democratic procedures, that is, seeking the opinions of the trade union or the staff representatives. After the discussion of the staff meeting or all the staff members, is it necessary to publicized or informed the employees, after investigation and evidence collection,

No problem.

)

2, identify the problem of absenteeism.

(Wu did not get a phone call off on Friday. Not to work could be identified as absenteeism). Saturday is working day, and no absence from work is considered a problem of absenteeism.

On Sunday, there was a temporary notice of overtime, although the workers who were posted on Saturday knew that, but because Wu was not on duty Saturday, and the unit had not been informed of Wu by other means, the factory had a fault on this issue and absenteeism.

It can't be borne by Wu, so the absenteeism is not confirmed on Sunday.

)

[employment advice]

1. we must pay special attention to procedural legality in formulating rules and regulations or deciding on major matters involving the vital interests of workers.

2. strengthen and improve the daily labor attendance management system.

3., the procedures for relieving labor contracts should be complete (for example, relevant facts and evidence should be released for breach of discipline, written notice in advance 30 days, consultation with trade unions, etc.).

4. the notification service procedure for relieving labor contracts shall be lawful.

Related links:

According to the stipulations of the labor contract law, whether workers should resign in advance should be informed in 4 ways.

1, the resignation of 30 days notice is required: resignation for personal reasons under normal circumstances requires 30 days in advance to notify the employer in writing.

2, the resignation of 3 days notice is required: resignation for personal reasons during the probation period under normal circumstances, and 3 days' notice.

3, it is necessary to notify, but there is no need to advance 30 days' Resignation: the employer has the following illegal situations: 1) labor protection or labor conditions are not provided; 2) pay labor remuneration in time and in full; 3) fail to pay social insurance premiums in accordance with the law; 4) rules and regulations are illegal and damage the rights of laborers; 5) the contract is invalid because of fraud, coercion or danger of taking advantage of others.

That is to say, under these circumstances, the worker can leave immediately after the notification unit.

4, there is no need to notify the resignation of a person who is directly away from the company. The employer forces laborers to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or coercion the dangerous work to endanger the personal safety of the worker, the laborer can immediately terminate the labor contract without giving notice to the employer in advance.

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