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China Law Insight

Labor & Employment

Suggestions on Employers’ Prudence about “Deemed as Voluntary Quit” Regulation

Posted in Labor & Employment

By Luo Ai  Xie Minru  King & Wood Mallesons’ Commercial & Regulatory Group

luo_aiAn announcement from Ministry of Human Resources and Social Security of the People’s Republic of China (MOHRSS) comes out that “Letter of the General Office of the Ministry of Labor on Answer to Whether Disputes Arised from Determining Employees’ Leaving without Permission as Voluntary Quit Falls into the Scope of Labor Disputes” is officially abolished on April 13th ,2016, while “Letter of the General Office of the Ministry of Labor on Answer to Definition of Voluntary Quit and Termination by Absenteeism” remains in effect.

In the absence of consistent and particular laws and regulations, can the employment relationship between employers and employees be immediately terminated, pursuant to the term, if formulated in employer’s rules and regulations, that “employees’ absenteeism over three working days is deemed as voluntary quit initiated by employees”? This article, by analyzing several judicial cases, attempts to offer some feasible suggestions concerning the question above.

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