Getting married and drinking was supposed to be a happy event, but to Mr. Xiong's dismay, he lost his job as a result. It is understood that Mr. Xiong's company started work on February 12. Mr. Xiong called Mr. Li, the general manager of the company, in advance, and told him to go back to his hometown on go home to get married and serve drinks. "Please take a few days off.". Unexpectedly, on February 20th, he was informed by the company that he was dismissed due to continuous absenteeism for 3 days. The HR department of the company responded that Mr. Li approved Mr. Xiong to take a 3-day marriage leave. After the leave, Mr. Xiong "never returned" and will be treated as absenteeism according to the company's system.

Employee: Greeted the general manager before the vacation

Mr. Xiong is a warehouse keeper at Guangzhou Jingxin Communication Technology Co., Ltd. He is usually responsible for receiving and sending goods from the warehouse. He joined the company in 2012 and signed a labor contract with the company. He introduced that in the past, the main way of taking leave was to ask for leave from the company manager. "When there is an urgent matter, we usually greet the manager verbally and then follow the process in written or electronic form later.

The company is scheduled to start construction on February 12th, and Mr. Xiong plans to get married and set up drinks in his hometown of Chongqing on February 14th. Mr. Xiong said that there are many wedding customs in his hometown, and the newlyweds need to stay in the wedding room for 3 days before going back to the bride's house. In addition, he needs to register for marriage in his hometown. "To be honest, I'm not sure how many days I need to take off." As the manager resigned before the new year, he called Mr. Li, the general manager, on February 10th to inform him that he would get married on February 14th. "I can't come for a few days," Mr. Xiong said. Mr. Li also agreed to his leave over the phone.

Mr. Xiong then settled down to get married in his hometown and originally planned to return to work on February 20th. However, on the same day, he suddenly received a text message from Mr. Li stating that he had been absent from work for three consecutive days, and the company would follow the automatic departure process. It feels very sudden! "Mr. Xiong said, thinking that when he came back to work after taking leave, he could just go back to the leave application process, but he didn't expect the company to be so unfriendly.

Company: Handle according to company rules and regulations

I am also an old employee of the company, and this kind of handling result is difficult for me to accept, "Mr. Xiong said, stating that his labor contract was originally signed until June 30th next year. He later contacted Mr. Li, the general manager, and the other party emphasized that "his authority can only grant 3 days of marriage leave". At present, Mr. Xiong has been sent a letter by the company to terminate his labor contract on the grounds of absenteeism. Mr. Xiong is preparing to apply for labor arbitration.

We are handling the matter in accordance with the company's rules and regulations, "Mr. H R Wang of the company responded. Mr. Li, the general manager, did approve Mr. Xiong's 3-day statutory marriage leave over the phone. If Mr. Xiong wants to apply for additional personal leave, he needs to go through the electronic leave application process separately. After taking 3 days of marriage leave, Mr. Xiong has not returned to work and has not taken leave according to the company's procedures. He is treated as absent from work according to the company's rules and regulations.

Lawyer's statement: If the employer fails to urge, the dismissal of employees is suspected to be illegal

Lawyer Deng Gang from Guangdong Legal Shengbang Law Firm stated that in labor dispute cases, if a labor dispute arises due to the employer's decision to terminate the labor contract, the employer must bear the burden of proof regarding the legality of the termination behavior. For example, if the employer claims to have only approved Mr. Xiong's 3-day marriage leave, they must provide evidence.

In this case, the employer claims to have only approved Mr. Xiong's 3-day marriage leave, while Mr. Xiong believes that taking leave

In this case, the employer claimed to have only approved Mr. Xiong's 3-day marriage leave, while Mr. Xiong believed that the leave had been approved by the company. If neither the employer nor the employee has strong evidence to prove whether they have taken leave, the employer shall promptly serve a notice to the employee requesting them to return to work at the employer and may require them to provide an explanation. If the employer fails to urge and verify the employee's absence behavior, and the employee has previously taken leave with approval, and it is reasonable to take leave due to handling wedding and other affairs, the employer may bear the consequences of not being able to provide evidence. If there is no such reminder, it cannot prove that the employee has been absent from work, and the employer's dismissal of the employee in this way is considered illegal

Lawyer Deng Gang suggests that when applying for leave, it is best for workers to submit relevant applications in accordance with the company's rules and regulations, and obtain approval from the employer. If the company does not have clear regulations, it is best to request leave from superiors using visible text such as written or email to protect the legitimate rights and interests of workers.