According to Article 39 of the Labor Contract Law, the circumstances under which an employer may terminate an employment contract include: the employee is proved to be ineligible for employment during the probationary period, seriously violates the rules and regulations of the employer, seriously neglects his duties, commits fraud for personal gain and causes significant damage to the employer, the employee has established labor relations with other employers at the same time and has a serious impact on the work tasks of the employer and refuses to make corrections, the labor contract is invalid due to statutory circumstances, and the employee is investigated for criminal liability in accordance with the law. In real life, it is not uncommon for employers to dismiss workers due to absenteeism. So, can an employer terminate the labor contract and dismiss an employee who is absent from work?
Absenteeism refers to the absence of an employee from work without asking for leave or not approving the leave on a normal working day. China's Labor Contract Law does not clearly stipulate that an employee who is absent from work can terminate the labor contract, and absenteeism is not a statutory reason for the employer to terminate the labor contract. In the process of performing a labor contract, the completion of labor tasks is the basic obligation of employees, and it is also the premise and basis for them to enjoy labor rights. When an employee is absent from work, the employer is unable to achieve the purpose of the labor contract and may terminate the labor contract. Because no employer will allow employees to be absent from work without reason, otherwise the employer will not be able to maintain a normal and stable production order, and the employer will not be able to talk about the management of employees. However, as to whether it is an act of unexcused absenteeism, it is necessary to comprehensively consider factors such as the nature of the employee's behavior, objective reasons, and whether there is fault.
Dedication, diligence, honesty and credibility are the social virtues that employees should abide by. Absenteeism without reason is obviously contrary to the mutual respect and trust between the employee and the employer. Attendance management of employees is the basic condition and management scope for enterprises to carry out normal production and business activities. The employer may formulate the relevant provisions on dismissal for absenteeism in the company's rules and regulations in a legal and democratic manner, and publicize and inform the relevant contents. During the performance of the labor contract, if an employee is absent from work without reason, it is a serious violation of the rules and regulations of the employer, and the employer has the right to terminate the labor contract without paying severance compensation.