What Is the Connection Between Absenteeism and Turnover?

Voluntary resignation is an employee's unauthorized resignation according to the company and its own situation, and it is an act of forcibly dissolving the labor relationship with the company. Some employees leave or leave because of resignation or permission to terminate the contract without authorization; some employees leave without explaining the reasons; others are tempted to "skip" because of good treatment, all of which fall into the scope of automatic resignation.

Automatic departure

Voluntary resignation refers to the behavior of a worker who does not say hello to the employer and is free to leave the job and unit. According to the "Replies from the General Office of the Ministry of Labor on How to Define Automatic Resignation and Absenteeism," the explanation of "automatic resignation" in Article 2 (1) of the "Regulations on the Settlement of Labor Disputes of Enterprises of the People's Republic of China" refers to the employee leaving without authorization the behavior of.

Voluntary termination of employment causes losses to the enterprise. Disputes that arise when an enterprise requires employees to compensate or pay liquidated damages are called voluntary termination disputes.

It should be noted here that according to the Reply Letter on the Scope of Dispute Settlement of Employees' Unauthorized Resignation and Automated Resignation Handling (Labor Office [1992] No. 45), Reply on How to Define Automatic Resignation and Absenteeism (Labor Office Send [ ^[1]

Difference between termination of employment contract, resignation and voluntary resignation

Resignation and voluntary resignation (also known as unauthorized resignation) refer to the act by which a worker terminates the labor relationship with an employer. in"

At present, the main reasons for handling automatic termination disputes are:

(1) The Labor Law.

(2) "Compensation Measures for Violating the Labor Contract Provisions Related to Labor Contracts" (Ministry of Labor [1995] No. 223).

(3) Regulations on Rewards and Punishments for Enterprise Employees. (Deprecated)

(4) "Notice on Enterprise Employees Asking for" Suspension of Pay and Stay "(Labor Plan [1983] No. 61, Labor Plan [1984] No. 39).

(5) "Interim Provisions on the Movement of Technical Workers in the Units Owned by the Whole People" (Lao Ren Lao [1987] No. 14).

(6) "Response on the Enterprise's Handling of Unemployed Employees" (Lao Ban Fa [1993] No. 83).

What to do if the employee leaves without permission and stays for a period of time without pay

Former Ministry of Labor and Personnel, National Economic Commission, "Notice on Enterprise Employees' Request for" Suspension of Salaries "(Labor Plan [1983] No. 61) Article 2" ... Termination Treatment ". Article 3 "... If within one month after the expiration of the period of suspension of employment, I have not requested to return to the original unit and have not completed the resignation procedures, the original unit has the right to deal with the automatic resignation" and other provisions with the original Ministry of Labor and Personnel Article 11 of the "Interim Provisions on the Reasonable Movement of Technical Workers in the Units Owned by the Whole People" (Lao Ren Lao [1987] No. 14): The provisions for "delisting" are consistent. If you leave the company without approval, or within one month after the expiration of the period of suspension of employment, if you have neither requested to return to your original work unit, nor completed the resignation procedures, you will be absent from work for no reason, and the absenteeism time is sufficient to be removed. Deadline, so it can be treated as delisted. The above reply was reiterated in the Reply Letter No. 45 [1992] of the former General Office of the Ministry of Labor.

In what ways does the enterprise notify employees to return to the unit to deal with those who do not return overdue?

According to the regulations of the former General Office of the Ministry of Labor on Notifying employees of returning to the unit through the news media and dealing with issues of automatic resignation or absenteeism for those who do not return after the due date (Labour Office [1995] No. 179), the enterprise notified the leave and release Employees who take a long vacation or have a long sick leave to report back to the unit or go through relevant procedures within the prescribed time shall follow the principle of being responsible to the employee and shall be delivered directly to the employee in writing; if he / she is not present, he / she shall submit it to his / her adult relatives who live together to sign for it. If it is difficult to deliver directly, it can be delivered by mail. The date of receipt indicated on the registered inquiry receipt is the date of delivery. Only if the whereabouts of the employee to be served is unknown or cannot be delivered by the above-mentioned delivery methods, can the service be announced by publication, that is, posting an announcement or notification through the media. After 30 days from the date of the announcement, it shall be deemed to have been served. On this basis, the enterprise can deal with absenteeism and employees who violate regulations in accordance with the provisions of the "Regulations on Rewards and Punishments". Can be served by direct delivery or by mail but not used, served directly by announcement, deemed invalid.

The enterprise shall notify the employee whose period of suspension of employment has not expired for some reason to return to the unit to report or complete the relevant formalities within the prescribed time, and also notify me in the manner prescribed above. On this basis, the enterprise may only apply It is subject to delisting or automatic termination.

Enterprises who do not return after the expiration of the period of suspension of employment may apply for automatic resignation according to the provisions of Article 6 of the Laborer's Document [1983] 61 and the Reply Letter of the Labor Office [1994] 48.

Can voluntary resignation enjoy resignation, resignation or dismissal

There is no essential difference between resignation and resignation. According to the previous regulations, it generally means that

Rights for staff members who leave voluntarily

According to the provisions of the Reply Letter on the Handling of Unauthorized Employees by Enterprises, automatic resignation refers to the failure of the employee to terminate the employment relationship, leave the unit without authorization, or leave the unit without completing the termination procedure. For those who leave automatically, the unit has the following rights:

Exercise administrative sanctions in accordance with the company's rules and regulations

In order to ensure the normal operation of an enterprise, an enterprise usually formulates certain business requirements and corresponding rules and regulations. Observance of various rules and regulations is the basic business norm for each employee. These include the work system in accordance with the work system, no late arrival and early departure, no leave without permission, strict implementation of the leave system, leave after approval, no absence without reason, leave without permission without permission. In this regard, the company has the right to punish employees in accordance with rules and regulations. For employees leaving automatically, the company can deal with absenteeism.

It should be noted that, after making a decision, the company must in fact deliver it to the person to be treated. If the written notice is not available, the company needs to handle the matter with care and cannot take care of it. Because companies deal with personnel, procedures must comply with laws and regulations. Otherwise, the processing decision faces the risk of being confirmed invalid.

Enterprises enjoy the right to terminate labor contracts

Enterprises have the right to formulate rules and regulations that are consistent with the actual production and operation of the enterprise, including provisions on rewards and punishments for employees. As long as the reward and punishment regulations formulated by the enterprise do not conflict with the current legal requirements, the enterprise can apply the punishment measures for the automatically leaving staff, and the provisions of termination of the contract can also be applied.

It should also be noted that the enterprise should send the notice of termination of the labor contract relationship to the person who has left the company automatically. The original Labor Office issued [1995] No. 179 "Notification of Employees' Return to the Unit through the Media and Reply to the Issues of Automatic Leave or Absenteeism for Those Who Do Not Return," stipulating that "the employee shall be directly delivered to the employee in writing; I am absent , If it is difficult to deliver directly to the adult relatives who live together, you can send it by mail, and the date of receipt indicated on the inquiry receipt is the date of delivery. Only if the whereabouts of the employee is unknown, or use the above delivery Only when the delivery method cannot be delivered, can it be delivered by announcement, that is, posting an announcement or notification through the media. "Therefore, when the enterprise exercises the unilateral right to cancel, it should take good care of the cancellation procedures.

The resigned employee has the right to claim damages in violation of the agreement of the labor contract

Article 4 of the former Ministry of Labor's "Compensation Measures for Violating the Labor Contract Provisions" stipulates: "If a laborer terminates a labor contract in violation of the provisions or the agreement of the labor contract and causes losses to the employer, the laborer shall compensate the employer. The following losses: (1) Employer pays for recruitment and acceptance; (2) Employer pays for training costs, both parties agree to agree; (3) Direct economic losses to production, operation, and work; 4) Other compensation expenses stipulated in the labor contract. " It can be seen that when the company exercises the right to claim damages, the object of compensation refers to ordinary employees. If the company has evidence to prove that the aforementioned losses were caused by the default of the employee who left the company automatically, the company's claim for damages can be Get legal support.

4. For employees who violate the duty of confidentiality, competition restrictions, and service periods stipulated in the special training agreement, the company enjoys

Liquidated damages

The Labor Contract Law stipulates the right of an enterprise to claim liquidated damages from workers who are responsible for specific obligations. Article 22, Paragraph 2 of the Labor Contract Law, "If a worker violates the service period agreement, he shall pay the employer to the employer in accordance with the contract. The amount of liquidated damages shall not exceed the training costs provided by the employer. The liquidated damages required by the employer shall not exceed the portion of the shared training costs that have not been performed during the service period; If a worker violates the stipulations on competition restrictions, he shall pay the employer a breach of contract penalty in accordance with the contract. "