Last week, one client called and asked: " one of our employee has been absent from work for three days, does that mean the employment contract has been terminated automatically and I can just let him go?”

That’s a totally misunderstanding.  There is no such provision in Labor Law that the employment contract would be automatically terminated, no matter how long the employee is absent from work without any justification.

Of course, being absence from work is definitely a violation of the employer’s rules and regulations, but it too, doesn’t mean that the employment contract would be terminated automatically.  However, labor law do specify that if employee seriously violate enterprise’s rules and regulations,the employer is entitled to terminate the employment contract.  But, as we repeatedly emphasized, in labor relationship, it’s very important for the employer to follow the procedural requirement even it is obvious employee’s fault initially.

Then, what can an employer do to let this undisciplined emplyee go without getting into any trouble?

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