home For a beginner If an employee is absent without a valid reason. Long absenteeism: the difficulties of dismissal. Sample entry in the work book

If an employee is absent without a valid reason. Long absenteeism: the difficulties of dismissal. Sample entry in the work book

Dismissal for absenteeism: step by step procedure, a diagram of what is considered truancy according to the labor code and whether it is possible to fire a pregnant woman for absenteeism. Samples of documents for dismissal for absenteeism. Step-by-step instruction and challenging the dismissal in court

The article will tell you about the concept of "truancy" according to the Labor Code of the Russian Federation and how to operate it. How to properly fire for absenteeism and how to arrange absenteeism for an employee in 2018, as well as what nuances and features apply to forced absenteeism. What are the limitation periods for providing explanatory and drawing up an act of absenteeism are applied and whether they consider the period of sick leave or vacation in them.

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When faced with misconduct in the form of absenteeism for no good reason, both the employee and the employer can make common mistakes. The employer - having rudely drawn up the procedure for dismissal for absenteeism with violations and the risk of entering into legal proceedings, the employee - not knowing the nuances and rights, reconcile with illegal termination labor agreement... The law must be observed. How to correctly record a “crime”, dismiss a boss for absenteeism and be able to defend the correctness of his actions to an employee in court, we analyze in the article.

What is considered a truancy according to the Labor Code of the Russian Federation?

The law says: dismissal under the article for gross violation of the norms of the Labor Code is drawn up on the initiative of the employer, on the basis of a corresponding written order (in the form of T-8). One of the disciplinary offenses is truancy. The Labor Code of the Russian Federation defines that absenteeism is absence from the workplace without good reason during the entire shift, regardless of its duration, or 4 hours in a row without a good reason. That is, the duration is from 4 hours to one day. This is recorded in the timesheet. The report card will become indisputable proof.

The fact that the employee is absent from the workplace.

The worker performs his duties in accordance with job description... According to it, a specific place is determined where the fact of absence during the working day is recorded. The Labor Code of the Russian Federation refers to, where workplace- this is the entire territory of the employing company.

The time of absence of the employee and the beginning of his countdown (in the accounting sheet).

Absence from work is a gross violation of an employment contract and entails a sanction in the form of termination of relations and dismissal for absenteeism. The labor law article indicates absence from the workplace for more than 4 hours in a row during the working day. The lunch break is not taken into account. If an employee at the workplace, without good reason and circumstances, was not continuously for 4.5 hours, during which the regulated lunch fell, then it is impossible to issue the employee's dismissal under the article for absenteeism on the initiative of the employer. Violated? For this reason, warnings are issued by the supervisor, and if these warnings are ignored, a reprimand is issued. In order to record the moment of arrival at the enterprises, passes, marks by fingerprint or written recording of the actions of arrival and departure are introduced.

Reasons for absence from the workplace

Circumstances are different. The worker may not appear due to both compelling and insignificant reasons for absence during the working day and must make an explanation.

Good reasons for being absent from work for more than 4 hours in a row (they are documented):

Illness of an employee or close relative, such as a child;
Death of relatives;
Utility accidents and road accidents;
Force Majeure.

Important

What needs to be proved to the employer is the fact of forced absenteeism. To confirm, certificates from the traffic police, utilities, medical institutions, and testimony are accepted. An explanatory note is also written about the circumstances that forced to skip.

Disrespectful reasons for absence from work are other events that are not valid for obtaining the leniency of superiors. The specific case of absenteeism without good reason and circumstances remains at the discretion of the manager, based on the value and personal characteristics of the employee. Several reasons for absence during the shift good worker can be forgiven. After all, one order can ruin a person's life.

Dismissal for truancy: step by step instructions

To avoid further trouble for management, including due to the receipt of subpoenas for court proceedings, it is required to comply with the formalities in the paperwork and to be fired for absenteeism. It should also be remembered that the period for the collection for the absence of an employee without good reason for more than four hours in a row is limited to 1 month from the date of the violation. The dismissal procedure will be as follows:

Registration of a work book: payments

Employment registration upon dismissal for absenteeism completes the dismissal procedure. Supplied with:

Sequential number of the record;
Dismissal date that coincides with the day of the order;
Record of dismissal for absenteeism and a link to Article 81 of the Labor Code of the Russian Federation;
Personnel officer's signature and organization's seal.

The book is issued on the last day of work. If the dismissed person fails to appear, a notice is sent to receive labor. If the book is not received, then it continues to be stored at the last place of work. It is also possible to send a written permission to send the labor to the place of registration, which will save the boss from a fine for withholding the document.

Payments include all salary debts, sick leave, unspent leave.

Illness Bulletin

Filing a claim for terminating a contract for absenteeism due to illness requires not only the provision of a certificate of incapacity for work, but also proof of notification of the authorities. If the employee has provided a sheet of temporary incapacity for work to the manager, then the court will side with the dismissed. In this case, not only restoration can be assigned, but also compensation for each missed day of work. Intentionally hiding sick leave will leave dismissal for absenteeism unchanged.

Pregnancy

Absenteeism during pregnancy is not uncommon, but is it possible to fire a woman in a position for absenteeism? The Labor Code is on the woman's side here, it prohibits the application of Article 81 in relation to an employee. Exceptions will be violations in educational institutions, or liquidation of the enterprise. However, the wording of the reason in the work book will be different.

If the court decides in favor of the employee and reinstates him in the company, then compensation for absenteeism is not his fault. It is calculated like this:

(About cm x 12 months / K rd) x K vp,

Where Oh cm- average monthly salary,

K rd- the number of working days per year,

K vp,- the number of non-working, forcedly missed days.

Compensation is denied if the employee received unemployment benefits during this period.

Typical mistakes of personnel specialists

More and more employees are becoming "savvy" in matters labor relations... This point is often underestimated by personnel officers who cannot correctly draw up and make mistakes in their work. It's connected with:

Lack of all the necessary papers;
Inconsistent dates;
Late drawing up of the first acts of admission;
Included vacation and illness during absences.

Is it useful to know how to define the categories of workers to whom a reduced working day can be applied?

FAQ

Didn't come to work after lunch. Is this considered truancy? If the employee was absent for more than 4 hours in total, then yes, this is a violation of the contract.

Absenteeism after a 15-day delay in payment wages refers to truancy? No, labor legislation has established a half-month period after which an employee may not go to work without good reason if the fee is delayed.

Was absent from the place of work for about 6 hours. He refused to give written explanations. What are the actions of the leader in this situation? An act of refusal of explanations and a memorandum for the employee are drawn up. She initiates the preparation of a dismissal order.

Do I need to look for a missing employee? Necessarily! Search by available means with the involvement of a police officer. An absent person cannot be dismissed until he is found or the court makes a decision on the missing person.

How many times can you get fired? Dismissal can be after the first misconduct, it all depends on the presence of good reasons and corporate culture companies.

Paid or not if the pass was before the sick leave? A good reason, in this case illness, is not an obstacle to paying for the missed day.

The term for bringing to disciplinary responsibility was violated. In this case, the employee needs to make sure that more than 1 month has passed since the misdemeanor was committed and contact statement of claim or to the labor inspectorate.

For example, a manager, analyzing the discipline of employees, notices from the statistics of receipts that 2 months ago a certain subordinate did not show up for work. You cannot punish him or fire him, because the limitation period for penalties has expired.

The rules for dismissal for absenteeism were violated. Any "shoals" when dismissing in paperwork, labor law allows you to challenge in court.

For example, the notice of termination arrived by mail on December 1, but the order of dismissal itself was drawn up on November 20. This is regarded as a direct violation on the part of the leadership. In this case, the court will take the side of the employee, since the procedure for dismissal for absenteeism must be strictly observed.

Improper performance of work duties cannot be equated with absenteeism. One of typical mistakes personnel officers - dismissal under absenteeism . There must be disrespectful reasons for absenteeism.

For example, a cleaning lady was fired for absenteeism, who did not come to the office and did not clean. Studying the employment contract, the court did not find the specification of the schedule and duration of the shift, which contradicts the concept of “absenteeism”. But failure to fulfill labor duties here will be the correct wording upon dismissal.

Suspension of work due to non-payment of wages cannot be equated with absenteeism. After a 15-day delay, absenteeism is treated as forced absenteeism. Judicial practice speaks of the illegality of the application of the concept.

Can't you fire an employee who was not allowed to work for absenteeism? The employment relationship begins after the conclusion of the employment contract and the entry in the book.

Illegally dismissed, reinstated and again illegally dismissed. Such cases are rare, since the leader and personnel worker mistakes made at the first termination of the contract are taken into account.

For example, reinstatement in office by a court decision is appointed on a certain date. With the same number, an act on the cancellation of the order is drawn up and sent to the employee. If the notification comes on days when he should already work, then the option of dismissal is considered again. This is illegal again.

When will the court recognize the dismissal as legal? Subject to the rules for dismissal and the absence of good reason for absenteeism.

For example, an employee fell ill, but provided a sick leave, which opened on the third day of his absence. At the same time, he did not contact the management and hoped for a work ability sheet. Absence within 2 days qualifies as a pass.

What are the features of the dismissal of athletes and coaches? The contract between the coach or the athlete is of a suspensive nature, i.e. it can be concluded by one number, and the term of performance of duties is set later. If before this period the athlete writes an application for on their own and does not go to work, the coach does not have the right to fire him for absenteeism. For example, a football player signed a contract on May 1 with an effective date of June 1. On May 28, he writes a statement, but does not receive an answer. On May 30, he is not credited, which is unlawful, tk. the contract comes into force only from June 1.

How to fire an employee for absenteeism using a telephone message instead of an explanatory note? Just! Witnesses are needed, in whose presence the call to the offender will be made. A conversation with a guilty employee must be recorded on a dictaphone. Depending on the content, the telephone message will be involved in the dismissal procedure for a pass.

The employer's responsibility for unlawful actions when dismissing an employee for absenteeism. Leaders can be fined and held administratively liable if their actions have caused harm to the dismissed.

Dismissal for absenteeism: risks for the employer. The employer can be held liable if he violated the norms of labor relations. For example, if he fires an employee who will provide a pregnancy certificate.

What is the limitation period for illegal dismissal? You can file a lawsuit no later than 1 year after your dismissal.

Is it possible to make registration without the presence of an employee? Through written notifications, or in case of refusal to get in touch. In this case, appropriate acts must be drawn up. Or only in the case of an unknown loss, which must be recognized by a judge.

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The percentage of workers recovering from their previous job after being fired for absenteeism is high. In most cases, this is caused by a violation of the termination procedure. Judicial practice and the accumulated experience of companies will help to eliminate the "blank spots" in legislation.

Grounds for dismissal

The employer's right to fire an employee in case of a single gross violation of labor duties, including due to absenteeism, is enshrined in Article 81 of the Labor Code of the Russian Federation. The article defines absenteeism as “absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ".

Additional explanations can be found in judicial practice, in particular, an employee can be dismissed in such cases (paragraph 39 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2):

absence from work without good reason, that is, absence from work during the entire working day (shift), regardless of the length of the working day (shift);
finding an employee without good reason for more than four hours in a row during the working day outside the workplace;
leaving work without a valid reason by an employee on an open-ended employment contract without notifying the employer about termination of the contract;
leaving work without a good reason by a person who has entered into a fixed-term employment contract before the expiration of the contract;
unauthorized use of time off or going on vacation (main, additional).

Determining the period of absence of an employee from work and the validity of the reasons for such absence are especially problematic moments for the employer. Thus, neither the courts nor labor law specialists can clearly answer the question of whether to include breaks for meals in the four-hour period of absence. There are two points of view on this issue.

Position 1. Lunch break should be included in the 4-hour period of truancy. If this is not done, then it is almost impossible to fire an employee for absenteeism. The fact is that the Labor Code of the Russian Federation does not define a working day as work time before lunch and after. This means that the lunch break cannot interrupt the period provided for in Art. 81 of the Labor Code of the Russian Federation (subparagraph "a", clause 6, part I).

Position 2. The lunch break is not included in the 4 hour skip time. Article 106 of the Labor Code of the Russian Federation refers a break for eating to a time of rest. This means that the employee at this time is free from the performance of labor duties. Absence from the workplace during this time cannot be blamed on the employee and entail disciplinary responsibility.

The second point of view in judicial practice is more common, but the final decision remains with the employer.

The next controversial point is the respectfulness of the reasons for absenteeism. Since the legislation does not contain a list of such reasons, the decision is made by the employer, realizing the possibility of checking the validity of the recognition of the reason for absenteeism valid in court in the event of a dispute with the employee. Note that in such cases, the courts take into account the severity of the employee's misconduct, attitude to work, the impact of the employee's absence on the work process, the circumstances of the misconduct. The following reasons for the employee's absence were attributed to respectful judges:

participation in court proceedings;
unpaid leave due to the employee in accordance with the Labor Code of the Russian Federation;
absenteeism after two weeks have passed since the employer's written warning about the desire to quit;
feeling unwell (documented);
the child's illness, which is confirmed by a doctor's certificate, extracts from a medical card (even when the sick leave is open only the next day);
emergency renovation works in the employee's apartment (confirmed by a certificate from the HOA, ZhEK, etc.);
finding an employee on the way to the place of study and back;
suspension of work due to delay by the employer for more than 15 days in the payment of wages (on the basis of Article 142 of the Labor Code of the Russian Federation), even if the debt is partially paid off;
the employee is serving an administrative penalty (administrative arrest).

If a dispute arises about the legality of dismissal, the employer is obliged to prove the fact of absenteeism. Therefore, it makes sense to resort to dismissal for absenteeism only if there is undeniable evidence of disrespect for the reasons for absence from the workplace, as well as documented information about the absence of an employee within a 4-hour period.

Important! Dismissal of an employee for absenteeism during a period of temporary disability, an employee's vacation, as well as during pregnancy of an employee is unlawful (part 6 of article 81 and part 1 of article 261 of the Labor Code of the Russian Federation).

Dismissal algorithm for absenteeism

You should not fire an employee for absenteeism before he appears at work, because the reason for the absence may be valid, and the employee could not inform the employer about it. Now we will consider the procedure for dismissal for absenteeism in stages in order to exclude possible reasons for a labor dispute with an employee.

Step 1. Reveal the absence of an employee... The law does not give precise recommendations on this matter. Any employee of the enterprise can find out that an employee is absent: timekeeper, immediate supervisor, colleague. If there is no information about the location of the employee or the reasons for the absence, any of the named employees notifies the management of the company in writing.

The documents: memo; time sheet (marked with "НН" - absence due to unclear reasons).

Step 2. Draw up an act on the employee's absence from the workplace. Here it is important to correctly record the period of absence. The act is drawn up on the same day when the absence of the employee is revealed, otherwise the court will not recognize the reliability of the evidence. In the act, record: the fact of absence, the time of absence, the time of drawing up the act, get the signatures of at least 3 people from those employees who are near the workplace and have the opportunity to observe the place of the absent. Please note that if an employee is absent for more than a day, then acts must be drawn up daily.

The documents: the act of absence of the employee at the workplace. It is advisable to draw up two documents - by the middle and by the end of the working day.

Step 3. Demand explanations from the employee. This can be done orally if the employee immediately provided an explanation. Otherwise, draw up the request in writing and hand it over to the employee with a personal signature. If the employee refuses to receive the request, draw up a free-form refusal statement with the signatures of at least three company employees who will certify the refusal.

If the employee does not appear at the workplace for a long period, send him a request by mail with a receipt acknowledgment, which must include the date of receipt of the document by the employee.

The documents: a requirement to provide a written explanation; the act of refusal to receive the claim.

Step 4. Get an employee's explanation or record a refusal to explain. After the submission of the request for a written explanation, the employee has two days to explain his absence. The countdown of days starts from the day following the day of transmission of the request. Within the same period, the employee can provide evidence of valid reasons for absence. The explanation is in writing. If after two days the employee does not explain himself, then an act of refusal to provide an explanation must be drawn up. The act is certified by the signature of at least three employees.

The documents: employee explanation (explanatory note); an act of refusal to provide explanations.

Step 5. Service investigation. It is used when it is not known whether the reason for the absence was valid, or when the employee does not get in touch. If it is not clear whether the employee is at fault, then it is better to create a commission to conduct an investigation. The commission will draw up an official investigation report, it specifies the circumstances that were found out.

The documents: order to create a commission to conduct official investigation, an act of official investigation.

Step 6.Deciding on the extent of responsibility. Dismissal acts as a disciplinary measure, but the employer is not at all obliged to dismiss such an employee. You can apply other disciplinary measures - reprimand or reprimand. The employer makes any decision independently.

The documents: understanding of prosecution.

Step 7.Dismissal. By general rule disciplinary action may be applied by the employer not later than one month from the date of discovery of the offense and not later than six months from the date of its commission. Violation of these terms gives grounds for recognizing the dismissal as illegal.

So, if the decision to dismiss was made, then it is recommended to check the reasons and duration of the absence again. After checking, collecting evidence and issuing the above documents, you can issue a dismissal order. Familiarize the employee with this document for signature - 3 days are allotted for this from the moment the order is issued, not counting the time the employee is absent. In case of refusal to sign, draw up an act. On the day of termination of the employment contract, issue to the employee work book and make a calculation (on the day the employee appears at work).

Note that the legislation does not provide for liability for the non-coincidence of the last working day with the day of termination of the employment contract. The last day of the employment contract is considered the day preceding the first day of absence, it is he who is the last day of work of the employee.

Almost every employer sooner or later is faced with a situation when one of the employees suddenly, without any warnings, does not go to work. This is a real headache for the personnel department: to persist in waiting for a missing employee to go to work or to look for a new one in his place, to fire an absent employee for absenteeism, or to wait more than a year and recognize him as missing? And this is not a complete list of questions that arise in front of a personnel officer in a similar situation. Only strict observance of all the requirements of labor legislation allows solving the problem competently and with the lowest material costs.

In the context of high dynamics in the labor market, it is not so rare for workers in search of better life go to other employers, "forgetting" at the same time to inform about their decision, without formalizing the termination of labor relations, abandoning their work book. The absence of an employee at the workplace can be caused by other, very diverse reasons.
In such situations, when the reasons for the employee's long absence from work are unknown, the employer must very clearly comply with the requirements of the law when terminating the employment relationship with such an employee, so as not to fail in case of litigation.

Basic concepts
Definition of truancy

The concept of prolonged absenteeism is not legally enshrined. V Labor Code the definition of absenteeism is given, but it is not tied to its duration by days, weeks or months.

Labor Code of the Russian Federation, pp. "A" clause 6 of the first part of Art. 81 of the Labor Code of the Russian Federation

Absenteeism is considered the absence of an employee from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift).

Since absenteeism refers to gross violations of labor duties by an employee, for which the most strict disciplinary sanction is provided - dismissal (Article 192 of the Labor Code of the Russian Federation), the author believes that there is no need to legislatively consolidate the concept of long absenteeism. Since both in the absence of an employee at the workplace for one working day, and in case of his absence from work for a week, several weeks, a month, an equally strict penalty can be applied - termination of the employment contract on the initiative of the employer on the basis of subparagraph "a" of paragraph 6 of the first part of Article 81 of the Labor Code of the Russian Federation.

Types of absenteeism
For ease of orientation in the issue of interest to us, we will divide absenteeism into two conditional categories.

First category- classic truancy, indicated in Art. 81 of the Labor Code of the Russian Federation, i.e. short-term. In case of a short-term absenteeism, as a rule, the employer knows the location of the employee or you can establish it (for example, when, after missing one working day, the employee went to work or when he does not appear at the workplace, but you can contact him by phone, e-mail, through other employees, etc.).

The order of the employer in such situations is clearly described in Art. 193 of the Labor Code of the Russian Federation.

Prior to the application of a disciplinary sanction, which in this case may be dismissal for absenteeism, the employer must request a written explanation from the employee. If after two working days the specified explanation is not provided by the employee, then an appropriate act is drawn up. At the same time, the employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. The act of refusal to provide explanations is drawn up with the signatures of the employees present. It is also necessary to document the fact that the employee is absent from the workplace on a certain day by drawing up an act or collecting other evidence (testimony of witnesses, reports of the direct supervisor of the truant, extracts from the register at the checkpoint, etc.).

If the reasons given by the employee in the explanatory note on the fact of absenteeism are not recognized by the employer as valid, or the employee refused to give explanations, the employer has the right to apply a disciplinary sanction in the form of dismissal. The employer's order on the application of a disciplinary sanction is announced to the employee against a personal signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order for signature, then an appropriate act is also drawn up.

With long absences, as a rule, it is not possible to find an employee and ask him for an explanation regarding the reasons for his absence from work (for example, when an employee does not appear at work, does not answer calls, there is also no information about him at his place of permanent residence).

Long absenteeism: algorithm of actions

The problem of dismissal during long absenteeism is somewhat more complicated than with classic blitz absenteeism, for a number of reasons.

With prolonged absenteeism, objective difficulties arise in the strict observance of the requirements of Art. 193 of the Labor Code of the Russian Federation. If an employee does not appear at the workplace, then, accordingly, it becomes difficult to receive explanations from him about the fact of absence from work. However, the legislation does not prohibit, in such cases, requesting an explanation from the employee by sending him mail or telegrams to the address indicated in the employment contract and the employee's personal file.

In judicial practice, there have been cases when the court reinstated an employee at work on the grounds that it considered the receipt for sending a letter to the employee as improper evidence that the letter contained precisely the requirement to provide explanations for the fact of absence from the workplace. Therefore, it is better to send a valuable letter to the employee with a list of attachments and a return receipt or a telegram. The telegram should be sent with acknowledgment of receipt, as well as with the obligatory receipt by telegraph of a certified copy (see Example 1).

The text of the notification letter can be more detailed (see Example 2).

The term for giving explanations should be counted from the date of receipt of the letter or telegram by the employee, and also add 3-4 days for the mail run if the employee, for valid reasons, cannot get to work and will send explanations by letter.

If, after two working days (plus a few days for the mail run), the employee does not provide the specified explanation, an appropriate act is drawn up. The act reflects the fact of non-receipt of explanations from the employee signed by the personnel service employee, the immediate supervisor of the truant employee, and other employees.

In this case, both in case of receipt of correspondence by the employee and in case of its return to the sender after the expiration of the storage period, the fact of the employee's absence from the workplace should be activated from the first day of absence from work (see Example 3) or confirmed by other evidence (absence of the employee's signature in the journal accounting for checkpoint, witness statements, reports of immediate superiors, etc.).

It is better to draw up certificates of no-show for each day of absence of an employee from the workplace. At the same time, we strongly recommend that you do this day after day, and not "retroactively", because in the event of a trial given fact may be revealed, which may lead to a decision not in favor of the employer.

If the employee received a letter, a telegram, about which there is a mark on the notification, but did not appear at work, did not provide an explanation of the fact of absenteeism within 2 working days, the employer can safely dismiss the truant.

Ill - warn

It should be noted that in practice there are cases when employees, trying for various reasons to cause inconvenience to employers, specifically hide the fact of being on sick leave, and then appeal against illegal dismissal (according to Article 81 of the Labor Code of the Russian Federation, the dismissal of an employee at the initiative of the employer, except in the case of liquidation organization or termination of activities individual entrepreneur, during the period of his temporary incapacity for work and during the period of stay on vacation is not allowed), while they require payment for forced absenteeism.

But in such situations, the courts take the side of employers, referring to paragraph 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004, No. 2, which reads: “When considering cases of reinstatement at work, it should be borne in mind that when implementing guarantees, provided by the Code to employees in the event of termination of an employment contract with them, the general legal principle of inadmissibility of abuse of the right, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal temporary disability during the period of his dismissal from work.

When the court establishes the fact of abuse of the employee's right, the court may refuse to satisfy his claim for reinstatement at work (at the same time, at the request of the employee dismissed during the period of temporary incapacity for work, the date of dismissal), since in this case the employer should not be responsible for the adverse consequences arising from unfair actions on the part of the employee ”.

If the sent correspondence with a request to explain the absence from work was not received by the employee (the letter was returned after the expiration of the storage period, no one opened the door to the postman to hand over the telegram), it is better for the employer to play it safe and take a number of additional measures to find the employee: wanted by the police, try to find out from the employee's relatives (if the employer has information about them) what happened to him, send inquiries to hospitals. In practice, few employers take such measures, since they require an investment of time and effort. Therefore, employees who are absent from work for a long time for unexplained reasons are fired for absenteeism without establishing the reasons for their absence.

However, if the reasons for the absence are subsequently recognized by the court as valid, the court will reinstate the employee in the workplace and oblige the employer to pay all amounts due to him, including forced absenteeism.

In addition, a new employee may have already been hired in the place of an improperly dismissed employee by the time of the trial, who will have to be transferred to other positions or this problem by increasing the number of staff members.

In order to avoid such negative consequences, it is better for the employer to take all available measures to find the employee, despite the fact that the legislation does not oblige the employer to search for the missing employee.

Dismissal for long absenteeism: the main difficulties

So, having collected a complete set of documents confirming compliance with the requirements of Art. 193 of the Labor Code of the Russian Federation (requesting an explanation from an employee, drawing up acts of non-receipt of explanations, acts of absence of an employee in the workplace, collecting written testimony, collecting other evidence of the employee's absence), as well as making efforts to find an employee, as a result of which the employer came to the conclusion that the long absence of an employee at the workplace is most likely not connected with good reasons, you can proceed to the procedure for terminating the employment contract.

According to the Labor Code of the Russian Federation, the termination of an employment contract for any of the reasons is formalized by an order (order) of the employer.

The general procedure for formalizing the termination of an employment contract is enshrined in Art. 84.1 of the Labor Code of the Russian Federation, according to which the employee must be familiarized with the order (order) of the employer on the termination of the employment contract under a personal signature. In the event that the order (order) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it under the signature, a corresponding entry is made on the order (order).

Upon dismissal for absenteeism, in which the employee did not appear at the workplace after a long absence, it becomes impossible to bring the order to his attention. Therefore, the rule of Art. 84.1 of the Labor Code of the Russian Federation on the need to indicate on the order the fact that it is impossible to bring the content of the order to the attention of the employee due to his absence from the workplace.

Date of termination of employment

The main question that arises when issuing a dismissal order for long absenteeism is the date of termination of employment. The problem is that according to Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code or other federal law, he retained his place of work (position).

Based on this norm, the day of dismissal should indicate the last day of work, that is, the day preceding the first day of absenteeism. So, if the employee did not go to work on April 1 and within the next few days did not appear at the workplace, then March 31 should be indicated as the day of termination of the dismissal.

But then it turns out that the labor relationship between the employee and the employer ended on March 31, respectively, after March 31, the employee could no longer commit any labor offenses within the framework of the terminated labor contract. Consequently, dismissal for absenteeism cannot take place. In this regard, some experts propose to indicate in the order of dismissal the date of termination of labor relations, which coincides with the date of publication of the order.

However, it is more correct, in our opinion, to indicate in the order the date of termination of the employment relationship on the last day of the employee's work, which at least will be in accordance with the provisions of Part Three and Part Six of Art. 84.1 of the Labor Code of the Russian Federation.

This point of view is supported and Federal Service for labor and employment. According to her letter dated 11.06.2006, No. 1074-6-1: “One of the grounds for dismissal for absenteeism (sub.“ A ”, clause 6, part 1 of Article 81 of the Labor Code) may be the abandonment of work by a person without a valid reason, who have entered into an employment contract for both an indefinite and a definite period. As a general rule, in all cases, the day of dismissal of an employee is the last day of his work. When an employee is dismissed for absenteeism, the day of his dismissal will be the last day of his work, that is, the day preceding the first day of absenteeism. "

Confirmation of the fidelity of this position is also contained in part six of Art. 84.1 of the Labor Code of the Russian Federation, according to which the employer is not responsible for the delay in issuing a work book in cases of non-coincidence of the last day of work with the day of registration of the termination of labor relations when the employee is dismissed on the basis provided for in sub. "A" clause 6 of the first part of Art. 81 or paragraph 4 of the first part of Art. 83 of the Labor Code of the Russian Federation. Thus, the legislator points out that upon dismissal for absenteeism, the last day of work does not coincide with the day of registration of the termination of employment.

Undoubtedly, this point of view is more substantiated and is supported by Rostrud and the State Labor Inspectorate during inspections. However, the position regarding the coincidence in the order of dismissal of the date of issue of the order with the date of termination of employment has the right to exist, since in cases where the date of termination of employment in the order of dismissal indicates the last working day, disputes may arise in court on this issue, which may or may not be resolved in favor of the employer. And in cases where the dates coincide, the courts, as a rule, do not make claims, since employees do not require them to change the date of dismissal from a later one to an earlier one.

Thus, so far this issue has not been clearly defined in legislation and has not been resolved with indisputable certainty. Therefore, employers can only hope that if a dispute arises about the date of termination of employment, the court will take their side.

Grounds for dismissal for absenteeism

When registering a dismissal for a long absenteeism, questions also arise as to what to lay in the basis of the dismissal. In practice, there are cases when, upon dismissal for absenteeism, which dragged on for a month, in the order, on the basis of the dismissal, only the act for one of the days of absenteeism was indicated, and the employee at the court presented evidence of the respectful absence from the workplace on that day (certificate from trauma center, etc.), and he was reinstated at work according to the court.

In order to avoid such situations, some experts recommend to indicate in the order on dismissal, for example, that “for absenteeism on April 01, 2010, for absenteeism on April 02, 2010, for absenteeism on April 09, 2010 to apply a disciplinary measure - dismissal”. Since the labor legislation does not contain restrictions on the possibility of applying one penalty for several offenses, if a truant presents supporting documents for one or two days of truancy, then for the rest he will no longer be able to justify himself. However, there are also opponents of this position, who refer to the fact that the Labor Code does not directly provide for the application of one disciplinary sanction for several labor violations on the part of the employee. In addition, since absenteeism is considered by law to be one of those serious violations of labor duties by an employee, for which the strictest punishment is provided - dismissal, the meaning in indicating several days of absenteeism (in fact, several absenteeism) as the basis for dismissal is lost. Nevertheless, orders containing an indication of several absenteeism (several days of absenteeism) are usually not recognized by the courts as illegal, but are taken as evidence of the employee's absence from work for more than one day and are the basis for establishing the reasons for the employee's absence from the workplace. on each of the days specified in the order.

Terms of application of a disciplinary sanction

What should not be forgotten when dismissing for absenteeism is the timing of the application of this disciplinary sanction.

According to Art. 193 of the Labor Code of the Russian Federation, a disciplinary penalty is applied no later than one month from the date of discovery of the misconduct, not counting the time of the employee's illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.

It should be borne in mind that judicial practice has developed such a concept as "lasting absenteeism", which assumes that the moment of detecting truancy is not the day on which the employee was found to be absent, but the moment of finding out the reasons for his absence: it is at this moment that the offense is considered complete and discovered. However, the court, when considering each specific dispute, can resolve this issue in a different way, therefore, it is better for the employer to insure himself and dismiss for absenteeism within a month, that is, choose those dates of absence of the employee from the workplace that are included in the month before the date of publication of the order (see. Example 4).

On the day of publication of the order, a record of dismissal is made in the work book.

An entry in the work book about the basis and reason for the termination of an employment contract must be made in strict accordance with the wording of the Labor Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code or other federal law.

In practice, entries on the article of dismissal are usually made starting with the corresponding clause of the corresponding part of the corresponding article of the Labor Code (see Example 5).

According to part six of Art. 84.1 of the Labor Code of the Russian Federation “in the case when on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer must send the employee a notice of the need to come for a work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing the work book. "

Thus, on the day of issuing a dismissal order for absenteeism and making an entry in the work book, the employer must send a letter or telegram to the employee about the need to come for the work book or agree to send it by mail.

Missing person…

Now let's consider the option when the employer did everything possible to find the employee: he filed a corresponding statement with the police, interviewed relatives, acquaintances of the missing employee, phoned hospitals, etc. However, the comprehensive measures taken to search for results did not bring any results: the employee disappeared and no one knows what happened to him. For similar cases the legislation provides for the option of terminating the employment contract on the basis of clause 6 of the first article. 83 of the Labor Code of the Russian Federation: "Death of an employee or employer - natural person, and admission by the court an employee or employer - an individual who is deceased or missing ”.

If there is no news from the missing employee for more than a year, the employer may, in court, recognize the missing employee as missing, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and chapters 31 of the Code of Civil Procedure of the Russian Federation. So, according to Art. 42 of the Civil Code of the Russian Federation, at the request of interested persons, a citizen can be recognized by the court as missing if, within a year, there is no information about his place of residence at his place of residence. If it is impossible to establish the day of receipt of the latest information about the absent, the beginning of the calculation of the period for recognizing the unknown absence is the first day of the month following the one in which the last information about the absent was received, and if it is impossible to establish this month - January 1 of the next year.

And if the court satisfies the stated requirements for recognizing the missing employee as missing, the employer will be able to terminate the employment contract with this employee under paragraph 6 of part one of Article 83 of the Labor Code of the Russian Federation.

In this case, the following entry is made in the work book (see Example 6):

Missing or truant: how to make the right choice

So, the legislation offers two options for terminating labor relations with a long-term absent employee.

In this regard, the question arises as to in what cases an employee who does not appear for work for a week, a month or more should be fired for absenteeism under Art. 81 of the Labor Code of the Russian Federation, and when one should expect news about him for a year or more, and then, applying the procedure for recognizing a missing citizen as missing in court, terminate the employment contract under clause 6 of Part 1 of Art. 83 of the Labor Code of the Russian Federation?

In each specific case, the employer must resolve the issue of the applicable article to terminate the employment relationship with a long-term absent employee, based on many factors: the moral characteristics of the employee, his status, business qualities, the permanent place of residence of the employee, the territorial jurisdiction of cases on reinstatement at work and on the recognition of a citizen (missing employee) as missing, etc.

Dismissal for truancy is always a disciplinary measure. Therefore, in each specific case, it is necessary to decide whether it is possible to apply a penalty to an employee if the reasons for his absence from the workplace are not reliably known.

The board was approached by the management of LLC "BS" with the following problem. Employees E. and L., working as drivers in this organization for about six months, do not appear at the workplace for almost three weeks. Attempts to get through to them were unsuccessful. Taking into account that E. and L. have permanent residence in another locality, it was also not possible to visit their homes. At the place of temporary residence in a hostel in Moscow, they were also not announced during these three weeks. HR service in the time sheet she indicated to these employees “NN” (failure to appear due to unclear circumstances) during all the days of their absence from the workplace. Also, the absence of E. and L. was recorded from the first day of absence from work.

* check with colleagues in the transport department if there were any expressions of dissatisfaction with work, bosses, etc. on the part of the missing workers, did they mention in their conversations about the possibility of termination of work in the organization.

As a result of a survey of colleagues E. and L. it turned out that they talked about returning to their native village in order to visit their families, and then try their hand at another place of work;

* send telegrams to the addresses of permanent registration of employees E. and L. with a request to provide an explanation of the reasons for not showing up for work.

Officer E. received the telegram in person; a telegram addressed to employee L. was received by his wife;

Explanations were not provided by the said employees, about which the relevant acts were drawn up;

* on the day the orders were issued (the fact that it was impossible to bring the content of the orders to the attention of workers was recorded on the orders), it was recommended to send telegrams to both E. and L. with a request to come to receive a work book or to agree to send it by mail.

As a result, the issue was resolved, the dismissed employees did not go to court with claims to declare the dismissal illegal.

In this case, the employer has reliably established that employees E. and L. did not disappear under unclear circumstances, that they went home and decided not to return to work. The truants did not present the validity of the reasons for their absence from the workplace, they did not show their intentions to continue working at LLC "BS" in any way. Therefore, taking into account all these circumstances, the employer made the right decision - to dismiss these employees for absenteeism.

In situations where an employee who has been working in an organization for several years has established himself as a wonderful specialist and responsible employee, suddenly does not go to work, the employer should not make hasty decisions and fire him for absenteeism. The measures taken by the employer to establish the reasons for the employee's absence from work may show that he disappeared under strange circumstances - neither relatives, nor friends, nor acquaintances know about his location. At the same time, one should not be afraid that the employer will have to declare the employee on the wanted list, and then recognize him as missing in court. If the missing person has relatives, then all these actions will be performed by them. The employer will need to issue an order on the basis of a court decision and make a corresponding entry in the employee's work book.

Televnaya A. | Lawyer of the INFOLEX Bar Association / "Human Resources and Human Resources Management of the Enterprise"

Keywords:

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Users are interested in how to fire an employee for absenteeism and comply with labor laws. We give a complete algorithm of actions, we will tell you how to enter problem situations... At the end of the article there is a visual cheat sheet.

If an employee does not show up at work and does not pick up the phone, do not rush to issue a dismissal order for absenteeism. Without documentary evidence, the court recognizes the dismissal as illegal, and the manager will have to not only leave the negligent violator in the workplace, but also charge average salary during the days of forced downtime.

Absenteeism from the point of view of the law

Absenteeism is the absence of an employee without a valid reason:

for the entire working day (shift), regardless of its duration;
more than 4 hours in one working day (shift).

A number of nuances should be taken into account here.

If a person is missing for 4 hours or less, you cannot immediately fire the employee for absenteeism: reprimand him or deprive him of the bonus.
If there is a lunch break during the absence, it is not taken into account. Example: a subordinate was not at work from 9:00 to 13:30. By staffing table from 12:00 to 13:00 he has lunch. Consequently, the employee was absent for 3 hours and 30 minutes and cannot be fired.
If an employee has been absent several times during one working day / shift without a valid reason, these periods can be summed up. For example, an employee was absent for 2 hours in the morning, half an hour in the afternoon and 2 hours in the evening, for a total of 4.5 hours of absenteeism. The fact of absenteeism is easy to prove if a card-access regime has been introduced at the enterprise.

Terms of dismissal for absenteeism - 1 month from the date of absence. However, there are exceptional situations when an unfortunate employee does not show up at work and does not get in touch. Then the term is increased to 6 months.

Leading Lawyer of the European Legal Service Alexander Spirinov:

Require documentary evidence from the employee that the reason is valid. For example, the testimony of witnesses, a certificate of illness of a relative, a copy of the accident report. If these are family circumstances, take him leave without pay. The basis is Art. 128 of the Labor Code of the Russian Federation

Respectful / disrespectful reasons for absence from the workplace

When dismissing, it is necessary to take into account not only the fact that the employee did not appear, but also the reasons that led to this (determination of the Supreme Court of the Russian Federation No. 66-KG18-8 dated June 18, 2018). Let's take a closer look.

The Labor Code does not contain a list of which reasons are considered valid. The manager independently decides on this issue. But keep in mind that the court will side with the employee who could not come to work due to circumstances beyond his control.

Good reasons

Disrespectful reasons

Illness of the employee himself, undergoing medical examination, vaccination, due vacation for blood donors
Illness or death of a close relative
Traffic accidents, transport delays, housing and communal services accidents or other incidents
Weather conditions that prevented the person from reaching the workplace
Participation in a strike or rally due to non-payment / delay of wages
Participation in investigative actions, court proceedings

Absence from work without the consent of the management (consent must be in writing)
Leave without permission from superiors
Usage due days time off, if there was no permission from the management
Absenteeism during shift work
Loss of communication between the employee and the employer - when the employee is missing, does not answer calls and letters

Sofia Povzikova,

Even if your subordinate did not show up once for no good reason, you have the right to fire him. The basis is the determination of the Constitutional Court of the Russian Federation dated 19.06.2012. No. 1078-O. So the law protects the rights of the employer from the actions of negligent employees.

But there is an important exception. According to the Labor Code of the Russian Federation, dismissal for absenteeism is prohibited in relation to pregnant women, the court will definitely take their side. You cannot arbitrarily "say goodbye" to underage workers - you need to wait for the consent of the labor inspectorate and the commission on juvenile affairs. And also the court will be loyal to the parents of large families, those who care for the disabled, and other privileged categories of citizens.

To collect evidence of employee absenteeism and prepare documents for dismissal, use the services of specialists. A negligent employee will not have a single chance to challenge your decision.

We reveal step by step algorithm procedures for dismissal for absenteeism.

Step 1. Write your memo

In the Labor Code there are no clear instructions on what documents need to be drawn up, the main thing is to fix the misconduct. For example, you can write a memo addressed to the manager. In it, indicate the date and time of the absenteeism, and also tell how you tried to contact the employee: by phone, mail, etc.

An example of a memo:

to CEO

LLC "Vishenka"

Stadnitsky P.R.

Marketing department

Memorandum

About absenteeism

of 08/19/2019 No. 45

I would like to inform you that marketing manager Zaitsev Igor Valerievich did not show up for work today (09/19/2019). All attempts to contact him by phone were unsuccessful, Zaitsev Igor Valerievich did not answer the phone. After returning, I propose to request written explanations from this employee, and then consider the issue of bringing Zaitsev Igor Valerievich to disciplinary responsibility.

Head of the Marketing Department V.I.Volkov

Step 2. Make a statement of the employee's absence from the workplace

The document is signed by 3 people - the boss and two other employees of the company.

If an employee does not go to work for a long time, in the first week, draw up acts daily, then you can do one document a week: until the truant shows up, or until you send him a letter to his home address.

Step 3. Maintain a timesheet

Until you find out the reason for the truancy (with written evidence), put a mark NN in the report card - failure to appear for an unexplained reason.

You can change the code to OL (absenteeism) after the employee has given an explanation in writing, admitted to the misconduct, and you considered the reasons for the truancy to be disrespectful.

This is what the timesheet looks like before the reasons are clarified:

After the reason is recognized as disrespectful, the mark NN is crossed out, and at the bottom of the column "Failure to appear due to reason", the PR code is added. Be sure to make a note that corrections have been made:

Step 4. Ask for an explanation

According to the law, dismissal under the article for absenteeism cannot be initiated until the culprit gives a written explanation. He is given 2 days for this from the moment he appears at work.

The explanation can be written in free form:

Step 5. Send a certified letter if the employee did not show up

In a free form, write a letter with a request to show up for work and explain the reasons for the absence.

Yuriev R.R.

139329, Stavropol

st. Moscow, 71, building 4, apt. 5

LLC "Zazhigalka"

Ref. dated 19.08.2019 No. 67

About absenteeism

You are absent from the workplace from 08/01/2019 to the present day. In accordance with article 193 of the Labor Code of the Russian Federation, we ask you:

By September 5, 2019, give a written answer on the reasons for absenteeism.

Send a letter to LLC "Zazhigalka", addressed to general director Pavlova I.P., at the address 502963, Stavropol, st. Lazurnaya, house 34.

Failure to provide written explanations will not prevent you from applying disciplinary action.

General Director Pavlov I.P.

If the employee did not answer, draw up a statement of refusal to provide written explanations. The act is signed by at least three people - the leader and two witnesses.

Sofia Povzikova, HR expert at Coleman Services:
I advise you to send your request by registered mail with a list of the contents. In the event of a legal dispute, this will help you prove the fact that you gave the employee the right, explain the reasons for his absence. Allow about 2 weeks to answer. Otherwise, you will violate the order of dismissal for absenteeism of the employee.

Step 6. Prepare a package of documents for dismissal

As a result of the previous steps, you have collected a package of documents, it includes:

absenteeism memo;
the act of the employee's absence from the workplace (or several acts, if the person has not been for more than one day);
copy of the timesheet;
explanatory statement from the culprit or an act of refusal to provide written explanations.

The documentary base is ready, then the personnel officer prepares a memo addressed to the chief with a request to bring the offender to disciplinary responsibility. The boss decides whether to agree to dismiss an employee for absenteeism or apply other sanctions.

Draw up a dismissal order

For such an order, use the special form T-8

Within three working days, the employee must familiarize himself with the order and sign it. If he refuses to sign, draw up an act of refusal. The act is written in free form, it is certified by the head and 2 witnesses.

Dismissal for absenteeism entry in the work book sample 2019

Dismissal under the article for absenteeism is made out with the following entry:

“Dismissed due to absenteeism, pp. And clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation ".

Calculate the employee and pay him the due salary, hand over the work book. If the person still does not appear at the office, send him a written notice of the need to pick up the document (the employee may ask to send the labor document by mail). If you have not received an answer, keep your work book for 75 years.

Dismissal for absenteeism if the employee never showed up for work

If an employee does not appear at work and does not make himself known, the employer should take steps to find him.

The law does not require an employer to search for an employee. At the same time, until the facts about the employee's condition are clarified (by the employer or through the court), the organization has no reason to dismiss him. It cannot be ruled out that the employee is absent for a valid reason, for example, detained by law enforcement agencies or had an accident and is unconscious. Therefore, if, in such a situation, the dismissal of an employee is issued without establishing the facts of his absence, then the employee will have every reason to go to court with a request to reinstate him at work.

Thus, when an employee does not appear at work and does not make himself felt, the employer is advised to take the following actions:

draw up an act of absence of an employee at work and issue it periodically (preferably daily) until the reasons for such absence are clarified;
send an employee of the organization to the place of residence of the missing employee to find out the reasons for his absence. At the same time, it is advisable for the employee to have with him a written request for explanations about the reasons for the absence in case the “missing person” turns out to be at home;
in the absence of an employee at the place of residence, send a request for written explanations by registered mail with acknowledgment of receipt. It is important that such a letter has a description of the attachment and declared value. Otherwise, the employer will not be able to prove in court that he sent the employee a request, and not a blank sheet;
send requests to medical institutions the place of residence of the employee, contact relatives, friends;
submit an application to the law enforcement agencies (police) at the employee's place of residence. Police officers are required to accept the application, issue a notification of its acceptance and registration.

The further procedure depends on the search results.

For example, if it turns out that an employee does not appear at work due to detention by law enforcement agencies or the imposition of punishment by the court, then this is a good reason for absence. The employer can dismiss such an employee only if there is a court verdict that has entered into legal force (clause 4 of part 1 of article 83 of the Labor Code).

If the missing employee is found and does not provide valid reasons for absence, the employer may fire him for absenteeism (subparagraph "a", clause 6, part 1, article 81 of the Labor Code).

If the employee will be absent for a long time, and the search activities law enforcement will not bring results, the employer has the right to apply to the court with a statement on recognizing the employee as missing or dead. A citizen is recognized as missing if during the year in his place of residence there is no information about where he is. A citizen is declared dead if there is no such information for five years. This is stated in Articles 42 and 45 Civil Code... After the court satisfies the application, the employment contract with the missing employee can be terminated under clause 6 of part 1 of article 83 of the Labor Code (Rostrud letter dated 05.09.2006 No. 1552-6). The lawfulness of this approach is also confirmed by the courts, see, for example, the determination of the Primorsky Regional Court dated May 21, 2014 No. 33-4878 / 2014.

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Absenteeism- this is the intentional absence of an employee of the organization at the workplace without a good reason during the entire working day or shift or a significant part of the working time, in particular, for 4 hours in a row.

What is considered truancy

To determine the action staff member as absenteeism, certain conditions must be met:

Not the appearance of an employee of the organization at the workplace for a long period of time, namely more than 4 hours. If an employee appears within 4 hours after the start of the working day, it is considered late.

Leaving the workplace without permission and before the end of the shift, if it was not documented.

Self-determination by the employee of the time of going on vacation, without issuing an order.

Lack of justified reasons for the misconduct.

Correct documentary registration of violation of labor discipline.

Labor law absenteeism falls into two categories:

Brief absenteeism that usually does not last more than one day.

Long-term absenteeism. With such a non-appearance of an employee, the employer usually does not know where the employee is and why he is not at work.

Possible reasons for the absence of an employee at the workplace

In case of absence from the workplace, the employee must give a written explanation indicating the reason for the misconduct.

In the Labor Code of the Russian Federation possible reasons are divided into:

Good reasons;

Disrespectful reasons.

Good reasons for the absence of an employee from the workplace

Good reasons include the absence of an employee at work due to circumstances beyond his control that are not considered absenteeism, namely:

Registration of a certificate of incapacity for work due to the illness of the employee himself, as well as for caring for sick children or disabled family members.

Elimination of emergency situations at the employee's place of residence.

Taking part in court hearings as a jury or in various operational investigative operations as a witness. Confirmed by a subpoena or other document issued by a judicial authority.

The funeral of deceased relatives.

Road traffic accidents on highways.

Force majeure for an employee. For example, an accident, fire, flood or other trouble. Confirmed by certificates from the traffic police, housing department or other authorities.

Elimination of the consequences of natural disasters.

Good reasons must be supported by various vouchers.

Such supporting documents include:

medical certificate;

a subpoena from the court;

traffic police certificate;

help from the housing department.

Absenteeism is not considered a situation when the head of the enterprise was warned in advance about the absence of an employee at the workplace.

Disrespectful reasons for the absence of an employee from the workplace

If you do not provide official documents confirming a valid reason for the absence of an employee, any reason will be classified as disrespectful reasons (an employee can provide an explanatory one by attaching supporting documents).

The consequence of unjustified absenteeism by an employee is the employer's application of measures that are aimed at preventing such actions in the future.

What is the penalty for absenteeism of an employee

Punishments for absenteeism without good reason are spelled out in the Labor Code of the Russian Federation.

Article 193 of the Labor Code of the Russian Federation sets out the procedure for imposing disciplinary sanctions.

The employer can punish an employee for absenteeism by the following actions:

make a comment for the first time.

Absenteeism: details for the accountant