Employee Dismissal for Excessive Unauthorized Absence from Work

Illustrative image (source: internet)

Specifically, in Clause 3, Article 126 of the Labor Code 2012, it is stipulated that the disciplinary measure of dismissal is applied for employees who unauthorizedly leave work for 05 cumulative days in 01 month or 20 cumulative days in one year without a legitimate reason.

At the same time, according to Clause 13, Article 1 of Decree 148/2018/ND-CP, which provides specific guidance on this matter as follows:

"1. Employers shall apply the disciplinary measure of dismissal in cases where the employee unauthorizedly leaves work without a legitimate reason as prescribed in Clause 3, Article 126 of the Labor Code as follows:

a) 05 cumulative working days within a maximum period of 01 month (30 days) from the first day of unauthorized leave;

b) 20 cumulative working days within a maximum period of 01 year (365 days) from the first day of unauthorized leave."

Thus, from the first day of unauthorized leave, if the employee is absent without permission and without a legitimate reason for 05 days in a month or 20 days in a year, the disciplinary measure of dismissal can be applied.

An employee's unauthorized leave is considered to have a legitimate reason if it falls under one of the following cases:

- Due to natural disasters, fires;- The employee, biological parents, adoptive parents, parents-in-law, spouse, biological children, or legally adopted children being ill with a certification from a medical examination and treatment establishment established and operating according to the law;- Other cases as stipulated in the internal labor regulations.

Duy Thinh

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