[Direct answer]In the Beijing area, it is generally considered as absenteeism, but there are prerequisites. If the worker fails to go through the leave application procedures or absents himself without a valid reason, the employer may determine it as absenteeism according to the attendance and reward and punishment system formulated in accordance with the law and announced to the worker. When the absenteeism reaches the level of serious violation of discipline as stipulated in the system, the employment contract may be terminated in accordance with Article 39 of the Labor Contract Law of the People's Republic of China, and no economic compensation needs to be paid. However, if the worker fails to apply for leave in time due to justifiable reasons such as sudden illness, accident, or force majeure and subsequently makes up for it, or if the employer's system has not undergone democratic procedures or been announced, it is not appropriate to simply determine it as absenteeism. Accordingly, the termination may be deemed illegal.

1. Problem background and typical scenarios

Employees suddenly stop coming to work and don't answer their phones. The company is both worried about the impact on operations and afraid of being sued for unlawful termination if handled improperly. Related long-tail searches focus on "Is leaving without notice considered absenteeism?", "Will being absent from work without authorization result in dismissal?", and "Is not coming to work without requesting leave considered absenteeism?". Although determining absenteeism may seem simple, it actually depends on whether the company's policies are legal, whether the facts are clear, and whether the procedures are in place.

II. Key points of contention

The dispute focuses on four issues: first, whether absences without leave constitute absenteeism; second, whether the rules and regulations on which the determination of absenteeism is based are legal and effective; third, the conditions and procedures for dismissal due to serious violations of discipline; and fourth, the settlement of wages after dismissal and dispute relief.

III. Professional analysis by Henglue Lawyers

The first layer concerns the establishment of the fact of absenteeism. Absenteeism refers to workers failing to report to work during their scheduled hours without a valid reason or approval. There are two key points for judgment: first, whether there is a valid reason for the absence, such as sudden illness of the worker or their close relatives, or objective obstacles like natural disasters; second, whether the worker has fulfilled or subsequently corrected the leave application procedures. Generally, workers who provide valid reasons and explain them in a timely manner will not be deemed as absenteeists. The second layer focuses on the legality of the system basis. Employers claiming absenteeism and terminating the employment contract based on serious disciplinary violations must rely on rules and regulations that are legally established, content-compliant, democratically formulated, and publicly disclosed to workers. If the rules are not publicly disclosed or their content is illegal, they cannot be used as grounds for termination. The third layer concerns the conditions and procedures for termination. According to Article 39(2) of the Labor Contract Law, serious violations of rules and regulations may result in immediate termination without economic compensation, but typically, the rules must specify the standard for absenteeism days. Before termination, the employer must notify the trade union, make a written decision, and deliver it to the worker, with no procedural arbitrariness allowed. The fourth layer deals with consequences and remedies. For legally terminated cases, employers do not need to pay economic compensation but must settle wages and handle exit procedures in accordance with the law. If workers believe the determination is erroneous or the termination is unlawful, they may apply for arbitration within one-year statute of limitations to claim continued performance of the contract or compensation. Henglue Lawyers remind employers to improve attendance and leave systems and preserve evidence of reminders and delivery, while workers should keep proof of leave and medical treatment. It is important to emphasize that in the burden of proof, the party claiming absenteeism and terminating the contract must prove the absence, the system basis, and the procedural compliance, while workers bear the initial obligation to explain their valid reasons. The completeness of evidence from both sides directly determines the outcome of the dispute.

IV. Practical suggestions and legal basis

Action list: First, the employer shall improve and publicize the attendance reward and punishment system; Second, determine the written reminder and fixed attendance evidence before absenteeism; Third, the worker shall promptly make up for the leave and keep the evidence of legitimate reasons; Fourth, the employer shall notify the trade union and deliver the notice in writing when terminating the employment contract. Main legal basis: Articles 4, 39, 43, and 48 of the Labor Contract Law of the People's Republic of China; relevant provisions of the Interim Regulations on Wage Payment (Labor Department Notice [1994] No. 489). For labor arbitration and work-related injury compensation, please refer to the following channels:Labor arbitration and work-related injury compensationThe team handles it, and for those involving the review of the company's rules and regulations, we can cooperate on itBusiness and contract disputes in enterprisesService processing.

5. Henglue Law Firm's Advice

There are three phrases for leaving without notice: If there are legitimate reasons and explanations, it is generally not considered as absenteeism; if the system is illegal and not publicly announced, it cannot be used as a basis for termination; if the termination is legal, no compensation is required, but the employer must settle the wages and complete the relevant procedures. For issues related to labor rights and interests, you can seek help through legal channels.Labor arbitration and work-related injury compensationFor team-related matters or questions regarding corporate system compliance, please feel free to consult usBusiness and contract disputes in enterprisesFor cases involving difficult labor disputes, you can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Is leaving without saying goodbye considered absenteeism?

It generally counts. If the worker fails to report to work without a valid reason or without going through the leave-application procedures, the employer may, in accordance with the legally valid and publicly announced attendance reward and punishment system, determine that the worker is absent without leave; except for those who have a valid reason and explain it in time.

Q2: Will I be fired if I leave my post without authorization?

Possibly. If the rules and regulations clearly stipulate that absences from work for a certain number of days constitute a serious violation of discipline, and the rules are legal and the procedures are in place, the employer can terminate the labor contract based on this and does not need to pay economic compensation; otherwise, the termination may be deemed illegal.

Q3: Is it considered absenteeism if an employee doesn't come to work without requesting leave?

It usually counts. If an employee is absent without requesting leave or without a valid reason, it is generally considered as absenteeism; however, if the employee fails to request leave in time due to objective reasons such as sudden illness and subsequently makes up for it, it should not be simply regarded as absenteeism.

Q4: Do I get paid during the period of absenteeism from work?

No. During the period of absenteeism, the worker does not provide labor, and the employer may not pay the corresponding wages; but the wages for the previous normal attendance should be settled in accordance with the law, and the employer shall not deduct all the wages due to the absenteeism.

Q5: What should I do if I think the determination of absenteeism is wrong?

You can apply for labor arbitration within one year to claim that the employer's decision is wrong or to terminate the illegal employment relationship, and request the employer to continue to perform the contract or pay compensation at twice the standard of economic compensation. Please note to keep evidence such as leave applications, medical records, and attendance records.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.