A few days ago, People's Daily Online posted an article on the official account, if you can't buy a return ticket, you can't go to work according to it, whether it is considered absenteeism, which has aroused heated discussions on the Internet, and many experts have also come out to comment. At the same time, there were also several hot spots on the Internet, the air ticket for Sanya out of the island rose to 20,000, the highway was jammed, and the return train ticket could not be grabbed during the Spring Festival. There are also employees at this critical juncture, calling in sick.
If the employee does not return to work in time after the holiday, as an employer, what should be done?
1. The employee did not return to work in time and asked for leave
1. Take personal leave on the grounds that you can't buy a ticket.
2. Take personal leave on the grounds that there is a traffic jam on the road.
Judging from the case studies, these two grounds are difficult for the courts to support. Unless it's really going to Shenzhen, Beijing, and Shanghai, it's really hard to grab a train ticket. If there is a traffic jam on the road, why not ask for leave in advance, the problem of not allowing leave is not too big. If the employer is tolerant from a humane point of view, it can also consider giving priority to arranging annual leave. If it is a traffic jam on the road, there is not much problem with not being allowed to take leave, but there is a certain difference between not being able to return to work and absenteeism at this time, and there is a risk of lifting.
The employer should carefully review whether the reason for taking leave is valid, and then consider it comprehensively in combination with the management and the employee's ability and personal performance.
3. Employees take sick leave.
I really encountered it. Sick leave cannot be disapproved, but the employee should provide proof of sick leave to prove that it is indeed necessary due to illness and not a surprising "coincidence". If, after verification, the employer finds that the sick leave is false, it can be treated as a serious violation.
4. Employees should take annual leave.
The employer will consider whether it is allowed based on the management and the personal performance of the employee. The employer may not allow the employee to be absent from work if he fails to return to work in time without a valid reason.
5. Force majeure leave.
It should be approved. Like last year's snow disaster, it is true that employees cannot go to work because of the weather, and it is understandable for employees to ask for leave. Strictly speaking, because force majeure cannot be attributed to employees, similar to the epidemic control, they cannot go to work, not only can they not be treated as absenteeism, nor is it personal leave, and their wages are also non-stop.
Second, there is no work and no return to work in time, and there is no leave
Absence at this time can be in a variety of situations.
It is possible that the employee just leaves the job and wants to find another job, but is not responsible and does not go through the resignation procedures.
Employees may have accidents, such as injuries in traffic accidents.
Employees may want to take overlord leave.
It's possible that employees have other ideas.
It is recommended to send a notice of return to work, commonly known as three EMS.
The main contents of the return to work notice are:
Ask to return to work. If you don't return to work, you have to explain the reason.
Corresponding legal consequences.
Some people asked, can it be lifted if there is no timely reply after returning to work?
Don't be in a hurry, send about three letters. For example, if an employee is injured in a traffic accident and has no time to ask for leave, and he does not return if you send him to return to work, you will be dismissed as absenteeism, which is an illegal dismissal.
Someone asked, what should I do if he comes back after he returns to work?
When you come back, you have to explain what you were doing during the period when you didn't return to work in time, and whether there is a valid reason. If there is a valid reason, such as an injury, such as weather, then go back to work. If he returns to work without a legitimate reason, he cannot change his previous violations of rules and disciplines, and the company can still terminate the labor contract according to serious violations.