Is Absenteeism Grounds For Termination?

First, let’s talk about the labor contract. This document is like a marriage certificate between the employer and employee—both parties are bound by it, for better or worse. If the contract specifies that an employee can be terminated after playing hooky for a certain number of consecutive days or total days, then the employer has every right to say, “Adios!” after those missed days pile up.

Next, we have company rules. These are the dos and don’ts set by the company, kind of like the rules of a board game. If these rules explicitly state that excessive absenteeism leads to termination, then it’s game over for the absentee. But remember, these rules have to be created through a democratic and legal process and made known to the employees. So, if your boss slips a rule under your door at midnight, that’s not playing fair.

Finally, there’s the law. According to Article 25 of the Labor Law , an employer can terminate an employee for “serious violation of labor discipline or company rules.” So, even if there’s no specific contract clause or company rule about absenteeism, if you push the boundaries of reasonable absence, you might be shown the door. However, the law doesn’t clearly define how long is too long to be absent. Some places have their interpretations, like Zhongshan City, where disappearing for more than five days in a row or ten days within six months can get you fired.

Now, let’s talk about when playing hooky doesn’t get you kicked out. If you have a valid reason for your absence and your boss refuses your leave, they can’t fire you. For instance, if you broke your leg and are admitted at the hospital with the correct documents, this is sick leave. However, if you’re in jail for breaking the law like smoking weed, then it’s considered your fault and you can be let go. If your absence is because of something the employer did, like forgetting to give you access to the office, then firing you for absenteeism is also illegal.

If you disagree with a job transfer and express it by not showing up, the employer can usually fire you. However, if the transfer is unreasonable, like moving you to a different city, then firing you for not reporting to the new location is not justified. If your way of requesting leave (like via a quick text) doesn’t align with formal procedures, but the employer’s rules aren’t strictly enforced, you might still be safe. If you’ve informed your direct supervisor through informal means, it can be considered a valid leave request.

Let’s wrap up with a real story. John worked for a food company and fell into a dispute over some debts. He handed in his keys and stopped showing up. The company claimed he was AWOL and terminated him. John took them to court, asking for unpaid wages. The court ruled in his favor because the company couldn’t prove he was truly absent without cause or that they followed proper procedures.

Therefore, if you are fired for being absent unjustly, you will be entitled to a nice sum of compensation which we call severance pay. For illegal terminations, you are entitled to 2 months of salary per year of work. For example, if you have worked at the company for 3 years and 2 months, you will be entitled to up to 7 months of wages in this case.