Legal if the conditions are met. According to the regulations on rewards and punishments for enterprise employees, delisting refers to an administrative treatment that the employer takes to forcibly terminate the labor relationship in accordance with the law against employees who are often absent from work without justifiable reasons, whose criticism and education are ineffective, and whose absence time exceeds the legal limit. The specific conditions are As follows:
1. Employees are often absent from work without justifiable reasons.
2. Criticism and education are ineffective.
3. Reach the specified number of days of absence from work. That is, the continuous absence from work exceeds 15 days, or the cumulative absence from work within 1 year exceeds 30 days.
When calculating the duration of continuous absence from work, the number of holidays and rest days during the absence should be deducted from the calculation. When accruing absenteeism, it shall be calculated on a calendar year basis. There is no time limit for delisting, but employees who meet the conditions for delisting should be processed in a timely manner. It should be noted that the above regulations on rewards and punishments for enterprise employees only apply to state-owned enterprises and urban collective-owned enterprises.
Article 39 of the "Labor Contract Law" If the employer unilaterally terminates the labor contract (dismissal due to negligence) and the employee has any of the following circumstances, the employer may terminate the labor contract:
(1) Those who are proven not to meet the employment conditions during the probation period.
(2) Serious violation of the employer’s rules and regulations.
(3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer.
(4) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes.
(5) The labor contract is invalid due to the circumstances specified in Article 26, Paragraph 1, Item 1 of this Law.
(6) Being held criminally responsible according to law.