[Direct answer]In the Beijing area, there are no unified legal provisions on the number of days, which depends on the legal and effective regulations. According to Article 39(2) of the Labor Contract Law of the People's Republic of China, if the employee seriously violates the employer's rules and regulations, the employer may terminate the labor contract without having to pay economic compensation; "how many days of absenteeism constitute a serious violation of discipline" is usually specified by the employer in the rules and regulations. In practice, it is common for employees to be absent for three consecutive days or for more than five days in total. However, this system must be formulated through democratic procedures, have legal content, and be publicly announced to employees. When terminating the contract, the employer should also follow procedures such as notifying the trade union. Otherwise, it may be deemed an illegal termination.

I. Problem Background and Typical Scenarios

The employee has not come to work for several days in a row. The company wants to terminate the contract on the grounds of "serious disciplinary violations", but is worried that if the number of days has not reached the required threshold or the procedures are not correct, the company might face lawsuits instead. Related long-tail searches focus on "how many days of absenteeism are needed to dismiss an employee", "can a labor contract be terminated after three days of absenteeism", and "is there compensation for being dismissed due to absenteeism". The outcome of such disputes often depends not on the number of days, but on whether the system is legal, the procedures are standard, and the evidence is sufficient.

II. Key points of contention

The dispute focuses on four points: first, who sets the standard for determining the number of days of absenteeism; second, whether the rules and regulations are legal and effective; third, the procedural requirements for termination; and fourth, the settlement of wages and compensation liability after termination.

III. Professional analysis by Henglue Lawyers

The first layer concerns the source of the number of days of absenteeism. The law does not stipulate a unified "number of days of absenteeism", which is set by the employer through rules and regulations, falling within the scope of the employer's autonomy in employment management. However, this autonomy is subject to legal constraints. The content of the rules and regulations must not violate laws or administrative regulations, and provisions that are obviously unreasonable or excessively severe may not be adopted. The second layer focuses on the legality of the rules and regulations. According to Article 4 of the Labor Contract Law, rules and regulations that directly involve the workers' vital interests shall be discussed and determined by the workers' representative conference or all workers, and consulted with the trade union or workers' representatives, and then be publicized or notified to the workers. Rules and regulations that fail to comply with the democratic procedures or are not publicized cannot be used as grounds for termination. The third layer concerns the procedures and evidence. When terminating the contract, the employer shall notify the trade union of the reasons in advance, make a written decision to terminate the contract and deliver it to the worker; the employer shall keep attendance records, notices to report for work, and delivery certificates to prove the facts of absenteeism and the number of days. The fourth layer deals with the consequences and remedies. In the case of lawful termination, no economic compensation is required, but the employer shall settle the wages and issue a termination certificate; in the case of unlawful termination, the worker may request to continue the contract or be compensated with twice the standard of economic compensation. Henglue Law Firm reminds employers that they should clearly define absenteeism, set standards for the number of days of absenteeism, and specify the consequences of termination in their rules and regulations, and promptly keep records of reminders in daily management. This case is handled by Beijing Henglue Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: Firstly, the unit shall specify the standard of the number of days of absenteeism in the rules and regulations and go through the democratic procedures and public announcement; Secondly, after the occurrence of absenteeism, the unit shall promptly send written reminders to the employees to return to work and keep the records; Thirdly, the unit shall notify the trade union and make and deliver a written decision before terminating the employment contract; Fourthly, if the employee believes that the termination is illegal, he/she shall apply for arbitration in a timely manner. Main legal basis: Articles 4, 39, 43, 48, and 87 of the Labor Contract Law of the People's Republic of China; relevant provisions of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Labor Disputes (No. 26 of 2020). For labor arbitration and work-related injury compensation, please refer to the following channels:Labor arbitration and work-related injury compensationThe team handles matters related to corporate regulations and employment compliance, which can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Advice

There are three key points to dismissing an employee for absenteeism: 1. There is no unified standard for the number of days; it depends on what the company's rules stipulate. 2. The rules must be legal, approved through democratic procedures, and publicly announced. 3. If the dismissal process is not followed properly, even if the absenteeism is confirmed, the dismissal may still be considered unlawful. For labor-related disputes, you can seek legal assistance through the following channels:Labor arbitration and work-related injury compensationFor team-related matters or questions about corporate systems, please feel free to consult usBusiness and contract disputes in enterprisesFor cases involving difficult labor disputes, you can refer to the following materials for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: How many days of absenteeism are required to be dismissed?

There is no standard number of days in law. It depends on the rules and regulations formulated and announced by the employing units in accordance with the law. The common provisions are that continuous absenteeism for three days or more than five days in total constitutes a serious violation of discipline; and the employment contract can only be terminated according to these provisions if the rules are legal and the procedures are in place.

Q2: Can the labor contract be terminated if an employee is absent from work for three days?

Yes, but two prerequisites must be met: the rules and regulations must explicitly define three consecutive days of absenteeism as a serious violation of discipline, and the rules and regulations must have been subject to democratic procedures and been publicly announced. When terminating the employment contract, procedures such as notifying the trade union must be followed. Otherwise, it may be deemed illegal.

Q3: Is there any compensation if one is dismissed for absenteeism?

If the termination is deemed legal (due to serious disciplinary violations), the employer does not need to pay economic compensation; if the system or procedure is found to be flawed and the termination is deemed illegal, the employer should continue to perform the contract or pay compensation at twice the standard of economic compensation.

Q4: Can the system be used as a basis even if it hasn't been publicly announced?

Generally, it is not allowed. Rules and regulations that directly affect the workers' vital interests should go through democratic procedures and be publicized or informed to the workers; unpublished rules and regulations cannot be used as the basis for terminating the labor contract, and terminations based on such rules and regulations are often deemed illegal.

Q5: How is the salary calculated during the period of absenteeism from work?

During the period of absenteeism, if the employee does not provide labor, the employer may not pay the corresponding wages; however, the wages for the employee's normal attendance before the absenteeism should be settled in accordance with the law, and the employer shall not deduct all the wages or refuse to pay the remuneration for the part of work already done on the grounds of absenteeism.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.