In the process of work, if there is no reason and the consent of the managers, the holiday is not allowed to affect the production process of the company's business. However, many workers are still wondering whether you can be fired when the property does not allow for a few days, and whether there is unemployment insurance after quitting your job. To answer these questions, let's SureHCS learn the case that employees can be fired when unauthorized absences and their rights in this situation through the following article.
1. When employees voluntarily leave without permission will be dealt with how?
Labor law specifies that the voluntary leave without permission is a violation and can be handled according to the corresponding regulations.
According to article 122, staff behavior, quitting without notice or do not sufficiently valid reason will be considered a breach of contract workers and employers have the right to request compensation for damage or return requests work if there is demand.
However, according to article 126, the employee voluntarily quit in time work but have not contracted labor will not be dealt with under the provisions of the law. If this behavior leads to economic damage or cause danger to others, who noted the holiday can be prosecuted for criminal liability.
So when you want to stay the staff need to comply with the process, please stay right regulations, inform the employer to have the consistency and find a way to solve the remaining work before leaving.
At the same time, to avoid violating the discipline of the company, employees need to comply with regulations on the number of days of leave and not stay without permission, in an arbitrary way. If violated, the employee may take the form of discipline such as reprimand, not increase wages, dismissal or dismissal.
2. Stay not, please allow a few days fired?
According to the provisions of Labor Law, each company can have its own regulations, however, the dismissal of the employee if they leave without permission, so long as can perfectly done.
According to paragraph 1 of Article 36 of The Labor Code 2019, from date 01/01/2021, the employer is allowed to terminate the employment contract unilaterally, if the employee voluntarily leaving employment within 5 consecutive working days without reason.
However, this does not apply to the case of a legitimate reason, such as natural disaster, fire, sickness of themselves or relatives are confirmed by the clinics have the authority or other circumstances specified in the internal labor regulations. In this case, the employee will not be fired.
Worthy of note, employers do not need to inform employees about the layoffs if they violate this rule.
3. Any case be disciplined when fired?
According to the provisions of Labor Law, the case of any violation of the rules and the internal labor regulations of the business can be handled discipline, including dismissal. Specifically, the case of disciplinary dismissal include:
- The holiday is not allowed from 5 days or more
- Violation of the rules of safety and sanitation labor guide to labor accidents serious, forge documents, records and documents related to the work of the business, causing economic damage, serious for business or division of the business.
- Disclose the trade secrets of the business or in violation of the regulations on information security.
- Deliberately disorder in the production activities of business, behavior, fighting, use of force or cause public disorder at work.
- Not fully implemented, the right term of the obligations and responsibilities at work, voluntarily leaving employment from 5 days or more and there is no reason.
However, when the disciplinary dismissal, the business must follow the correct process and the provisions of the labor law. If the disciplined't follow the correct process, workers have the right to appeal and demand compensation for damage in authority.
