Dismissal of an employee for absenteeism per month. How to fire an employee for absenteeism. Grounds for dismissal for absenteeism

22 Apr

Hello. In this article we will tell you about what truancy is and how to properly arrange it.

Today you will learn:

1. What is truancy;
2. What are the valid and disrespectful reasons for missing work;
3. How to correctly confirm that an employee did not come to work.

What is truancy

Absenteeism at work - This is a subordinate's absence from work for more than 4 hours.

If an employee has violated the conditions, you should not make a hasty decision and fire. The main thing is to find out the reason.

It should be noted that there are exceptions. If a subordinate called the boss the day before and announced on the phone why he would not be able to go to work, this is not considered absenteeism without a good reason.

But, not everything is so simple. If a dispute arises, it is necessary to confirm that the boss has been notified. In this case, only witnesses or a recording of a telephone conversation will help.

It should also be borne in mind that the responsibilities of employees are different, and if the absence of one may not even be replaced by many, the failure of the other may affect the profits of the entire enterprise.

Example: if you are an ordinary secretary, but nothing bad will happen in the company during your absence. But if you are the chief engineer who is responsible for launching the equipment and starting production for the whole day, then the losses can be enormous.

Reasons for truancy

If you carefully study the Labor Code of the Russian Federation, you can conclude that the law does not establish which reasons are valid and which are not. But how to determine? Everything is very simple and the chief will act as a judge. It is he, according to the law, who can make the right decision and determine the punishment for his subordinate.

In practice, there can be short and long absenteeism. As for the second case, every citizen can disappear for several days and not answer phone calls.

Sometimes the boss cannot find out where his subordinate is. If this continues for a long time, then the employee is easy, since the company does not need irresponsible people.

As for short-term absenteeism, here we can highlight:

• Absenteeism from work without explanation, of their own free will;
• If you want to arrange a day off;
• Unauthorized use of the day off, due to future vacation;
• Stay in a medical sobering-up center;
• If you left work earlier in order to be in time for.

While the employee is absent from work, the boss records the absence and does not pay for the working time. It is up to each employer to dismiss such an employee or impose penalties. Even if the subordinate is left, he must understand that it will be extremely difficult to earn trust.

Conditions for recognizing truancy

Every employer should know how to properly draw up documents if an employee does not show up for work. The thing is that if you leave this question for later, wait for the employee and arrange everything retroactively, you can get punished.

In judicial practice, there are cases when a citizen was deprived of his main job, and he won the case, proving that there were violations in the registration of truancy. At the same time, the citizen still received a cash payment as compensation. It also happens, and more often lately. Conclusion - the employer must do everything not only correctly, but also on time.

Under what conditions can the boss regard failure to appear as absenteeism:

• When a subordinate was absent less than 4 hours during the entire work shift... There is one important nuance here that should be considered. The thing is that some workers are strictly assigned a job, while others are not. And if an employee, for whom a place is not assigned, came, but was not at his workplace, but at the employer's territory, this is not recognized as absenteeism. It doesn't matter if he was helping someone else or just relaxing and drinking coffee.
• When a subordinate is more than 4 hours late... In this case, there is also a small nuance, according to which it is not considered absenteeism if the worker is late by exactly 4 hours. As they say, he came exactly and not for a minute more.
• If during the whole day the subordinate did not come to work and did not provide confirmation... Here, as they say, "there is no forgiveness" and the punishment is well deserved.

No show for good reason

1. Absenteeism due to illness.

No one is immune from illness and injury, and often a citizen does not go to work due to illness. Of course, you can go to a medical institution and get a sick leave, but this is not always possible. Although some ask just a confirmation document that they were at the doctor's appointment.

As for injuries, then here you can take into account fractures, which can be taken out of working capacity for several days, or bruises and sprains.

In addition to your own illness, it should be borne in mind that a child or closest relative can get sick. In this case, a certificate from a doctor is required.

1. Medical examination.

There is work, which can only be started after passing. This is required by kindergartens, public catering and many others. As a result, the employer can make a mandatory requirement, according to which his subordinate is obliged to undergo an examination within a year, once or twice.

It turns out that if a citizen did not stay at his workplace due to a medical examination, this is not considered truancy. But do not forget that a subordinate cannot make a personal decision when to undergo an examination; this action must be coordinated with his superiors and, preferably, in writing.

1. Participation in the trial.

By law, any person can be summoned to court, as a victim or witness. In this case, failure to appear will be considered a forced truancy, which is not punishable.

1. Communal accident.

At any time, a communal accident may occur as a result of which you will not be able to go to work: you flooded your neighbors, a pipe burst, a gas leak occurred, or a fire broke out.

1. Delay in wages.

The order is communicated to the employee in writing. After signing, all documentation is placed in a personal file.

Do not forget that when hiring a subordinate, each boss must clearly explain what punishment is applied for violating an employment contract.

How to issue truancy without dismissal

It is good when the manager decides to leave the employee, but draws up absenteeism without dismissal in accordance with all the established rules.

Consider the registration procedure:

1. Drawing up an act.

It is mandatory to draw up an act in which all the personal data of an employee who has violated the terms of the contract is registered. In addition, the information of the employer and two witnesses is indicated.

All persons who will appear in the act must sign it - this is important. After it is described in detail when and how much the subordinate was absent of his own free will at the workplace. Well, you need to complete the act by making a decision - what the employee gets for his negligence.

1. Memorandum.

This is the second mandatory document, which also indicates the reason for the violation and the timing of unauthorized absence from work. An act is attached to the note and transferred to the head of the company.

1. Order.

Only as an authorized employee receives all the documents, he prepares an order. The head is the first to sign and study the order, then, he is brought to the violator of the employment contract.

According to the law, 3 days are given for the preparation of the order and familiarization. If the employee does not agree with the decision and refuses to sign, an act is drawn up. An act is prepared in the presence of witnesses, in which it is recorded that the worker refused to sign the document.

How to issue absenteeism with dismissal

As already mentioned, the boss decides for himself what punishment to apply. In practice, if an employee comes and does not want to explain anything, he is simply fired for absenteeism.

To arrange everything correctly, you should:

• Prove that the employee was really not at work at the specified time. Here you can attract witnesses or use recording if CCTV cameras are installed;
• Ask him to write an explanation as soon as he shows up at work.

Once again, we note, since it is extremely important, according to the law, the explanatory document is the main document that is required when a subordinate is fired. If the employee does not provide it within 2 days, an appropriate act and an order for dismissal are drawn up.

The absenteeism act is drawn up according to the rules of the organization on an official letterhead. The form of the document can be any. In addition to the signature of the head, the document must contain the signatures of witnesses. The act must indicate all the personal data of the employee, the exact time of absence and the situation, as a result of which the violation occurred.

As soon as all documents are prepared, a dismissal order is drawn up. According to the law, an employer can dismiss an employee within a month from the moment the violation is revealed. Of course, after the specified time, he can also break off labor relations, but for a different reason.

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

The article will tell 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 and whether they consider the period of sick leave or leave.

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When faced with misconduct in the form of absenteeism without a valid reason, both the employee and the employer can make common mistakes. The employer - having roughly drawn up the procedure for dismissal for absenteeism with violations and risking entering into litigation, the employee, not knowing the nuances and rights, resigns himself to the illegal termination of the employment agreement. The law must be observed. How to correctly record a “crime”, dismiss the 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 the 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 the workplace 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 article of labor law 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 the 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, they introduce passes, marks by fingerprints or a written record of the actions of arrival and departure.

Reasons for absence from the workplace

The circumstances are different. The worker may not appear due to both weighty 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, 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 circumstance remains at the discretion of the manager, based on the value and personal characteristics of the employee. A number of reasons for a good employee's absence during a shift 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 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 moment of violation. The dismissal procedure will be as follows:

Registration of the work book: payments

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

• Record serial number;
• The date of dismissal, which 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 does not appear, a notice is sent to receive a 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, and 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 to the authorities. If the employee has provided a sheet of temporary incapacity for work to the manager, 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 can a woman be fired 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 the liquidation of an 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 they will compensate for absenteeism through no fault of his. 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 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 absence.

Is it helpful 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 wages is considered absenteeism? No, labor legislation has established a half-month period after which an employee may not go to work without a 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 report 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 may be after the first offense, it all depends on the presence of good reasons and the corporate culture of the company.

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 apply with a statement of claim or the labor inspection.

For example, a manager, analyzing the discipline of employees, notices from the statistics of receipts that 2 months ago a 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 by the management. In this case, the court will side with the employee, since the procedure for dismissal for absenteeism must be strictly observed.

Inadequate performance of work duties cannot be equated with absenteeism.One of the typical mistakes of personnel officers is dismissal for absenteeism . There must be disrespectful reasons for truancy.

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 non-performance of labor duties here will be the correct wording upon dismissal.

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

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

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

For example, reinstatement in office by a court decision is appointed on a specific 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 be working, then the option of dismissal is considered again. It's 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 relied on the work ability sheet. Absence for 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 a statement of his own free will and does not go to work, then the coach has no right to fire him for absence. 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 illegal, since 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 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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According to labor law, termination of an employment contract with an employee may follow due to the actual absence of the worker from the workplace without valid reasons, equal in duration to both the entire working day (shift) and more than four hours in a row during this day (shift). In other words, a four-hour absence from work equates to absenteeism.

Consider how such absenteeism is punished, and what is the procedure for dismissal.

The duration of the absence of an employee and its impact on the choice of a disciplinary sanction

It is important for the employer to record the duration of the worker's absence from the workplace.

Since the law provides for the possibility of dismissal due to absenteeism only in the absence of an employee, equal to more than 4 hours in a row, dismissal for absence within 3.5 hours is no longer allowed (subparagraph "a" of the 6th paragraph of the 1st part of the 81st article Labor Code of the Russian Federation).

In this case, disciplinary sanctions may be applied to the employee for the misdemeanor. This is a remark, reprimand and termination of employment, i.e. dismissal.

In addition, the summation of the total absence of the worker, for example, for several days, for individual hours of delay (morning, afternoon), or those associated with leaving ahead of time, is not allowed.

Dismissal due to truancy is attributed to the rights of the employer, and not to his duties. Therefore, if there is a fact of absenteeism, he may apply one of the types of disciplinary sanctions against the employee, or apply nothing at all.

Dismissal procedure

Since absenteeism is classified as a type of disciplinary offense, that is, non-fulfillment of the labor duties entrusted to him or the performance of such duties in an improper manner, termination of an employment contract can become a disciplinary measure.
Dismissal of a worker, taking into account the provisions of the 81st article of the Labor Code of the Russian Federation, can be carried out only subject to the rules specified in the 193rd article of the Labor Code of the Russian Federation.

First, you should prepare and certify it with the signatures of at least two witnesses. The drawing up of the act should follow on the same day, but the familiarization of the absent employee with this document should occur on the day he appeared at work.

In the absence of the latter, the daily drawing up of such an act is allowed. In the event that a document confirming the validity of the reasons for the absence of a document is presented, some days from those that were missed may be outside the documentary confirmation.

In the timesheet of the working hours, the corresponding notes are made on the time of the employee's absence.

It can be an alphabetic code "NN" or a numeric "30", which means no show for unclear reasons.

In addition to the act, you can prepare a memo addressed to the head of the enterprise. The immediate supervisor of the absent employee can take care of its registration.

The note should indicate the absence of the worker at the workplace and the measures taken to find him (call to a mobile, home phone, etc.). As soon as an unscrupulous employee appears at work, you should immediately demand from him an explanation of the absence, drawn up in writing.

The employee is given two working days to prepare such an explanation (Article 193 of the Labor Code of the Russian Federation). If the employee has not submitted an explanatory note, an act is drawn up indicating the employee's refusal to explain his behavior. The act is certified by the signatures of at least two witnesses.

After the employer receives an explanation from the employee, the validity of the reasons for the employee's absence is assessed. This is a rather difficult task, since the labor legislation does not provide an approximate list of the reasons under consideration.

If the employer considers the stated reasons as disrespectful, an order for his subsequent dismissal () is drawn up for the employee and presented to him for review and signature. If the employee has expressed a refusal to sign the document, the corresponding act is again drawn up, after which an entry is made in the work book confirming the dismissal under the article.

The dismissed employee is given a full payroll. If the employee disagrees with the employer's actions, he can go to court.

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 act in problem situations. At the end of the article - 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 a documentary evidence base, the court recognizes the dismissal as illegal, and the manager will not only have to leave the negligent violator in the workplace, but also charge the average salary for the days of forced downtime.

Truant in terms 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).

There are a number of nuances to consider here.

1. If a person is missing for 4 hours or less, you cannot immediately fire an employee for absenteeism: reprimand him or deprive him of the bonus.
2. 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. According to the staff schedule, from 12:00 to 13:00 he has lunch. Consequently, the employee was absent for 3 hours and 30 minutes and cannot be fired.
3. If during one working day / shift an employee has been absent several times 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 absence. The fact of absenteeism is easy to prove if a card-access regime is 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, 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 of June 18, 2018). Let's take a closer look.

The Labor Code does not contain a list of what reasons are considered valid. The manager independently decides on this issue. But keep in mind that the court will take the side of 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, vaccinations, the prescribed leave 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 written) Leave without permission from superiors Using the prescribed days 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 disappears, 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 ruling 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 inspection 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 the step-by-step algorithm of the dismissal procedure for absenteeism.

Step 1. Write your memo

The Labor Code does not clearly indicate what documents need to be drawn up, the main thing is to fix the offense. For example, you can write a memo addressed to the manager. In it, indicate the date and time of the absenteeism, and also inform 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

dated 19.08.2019 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 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 come 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 misconduct, and you considered the reasons for the truancy to be disrespectful.

This is what the timesheet looks like before finding out the reasons:

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 an 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 come to work and explain the reasons for the absence.

Yuriev R. R.

139329, Stavropol

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

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:

1. By September 5, 2019, give a written answer on the reasons for absenteeism.
2. Send a letter to LLC "Zazhigalka" addressed to General Director Pavlov I. P., at the address 502963, Stavropol, st. Lazurnaya, house 34.

If you do not provide written explanations, this will not prevent you from applying disciplinary action.

General Director Pavlov I.P.

If the employee did not respond, 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 procedure for dismissal for absenteeism.

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 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 a 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 record 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 felt, the employer should take steps to find him.

The law does not establish an employer's obligation to search for an employee. At the same time, until the facts about the employee's condition (by the employer or through the court) are clarified, 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, an employee is dismissed without establishing the facts of his absence, then the employee will have every reason to apply to the 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 recommended 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" is 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 inquiries to medical institutions at the employee's place of residence, 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 notice 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 a court, then this is a good reason for absence. An 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 of article 81 of the Labor Code).

If an employee is absent for a long time, and the search activities of law enforcement agencies do not bring results, then the employer has the right to apply to the court with a statement recognizing the employee as missing or dead. A citizen is recognized as missing if there is no information about where he is in his place of residence during the year. A citizen is declared dead if there is no such information for five years. This is stated in Articles 42 and 45 of the 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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An employee can be fired for absenteeism if he is absent from the workplace for no good reason during the entire working day or shift, or for more than four hours in a row. The employee is required to explain in writing the reasons for his absence from work, on the basis of which the validity of these reasons is assessed. The employee's refusal to provide explanations is not an obstacle to dismissal.

Reasons for dismissal for absenteeism

Absenteeism is the absence of an employee without good reason at work during the entire working day (shift), regardless of his (her) duration, as well as at the workplace - more than four hours in a row during the working day (shift) (clauses "a" p . 6 h. 1 article 81 of the Labor Code of the Russian Federation).

At the same time, the employer's decision to recognize the specific reason for the absence of an employee at work as disrespectful and, as a result, his dismissal for absenteeism can be verified in court (Determination of the Constitutional Court of the Russian Federation of January 26, 2017 N 33-О).

Good reasons for absence from work

The Labor Code of the Russian Federation does not contain a list of valid reasons for the absence of an employee at the workplace. However, the following reasons, in particular, can be recognized as valid (Articles 142, 170, 186, 414 of the Labor Code of the Russian Federation; clause 6 of the Review of Judicial Practice of the Supreme Court of the Russian Federation for the III quarter of 2013, approved by the Presidium of the Supreme Court of the Russian Federation 05.02. 2014; Determination of the Moscow City Court of 22.10.2010 in case N 33-33169):

1. temporary incapacity for work (at the same time, the untimely submission to the employer of documents confirming the fact of temporary incapacity for work cannot serve as a basis for recognizing the reasons for the absence of an employee at work and his dismissal for absenteeism as invalid);
2. fulfillment of public or state duties;
3. donating blood and its components, as well as conducting a related medical examination;
4. participation in a strike;
5. detention;
6. emergencies that have caused transport problems, such as, for example, canceled or delayed flights;
7. suspension of work due to delay in the payment of wages for more than 15 days (upon notification to the employer in writing);
8. care for a minor child in connection with the hospitalization of the employee's spouse to the hospital.

As confirmation of the reason for his absence, the employee can submit to the employer a certificate of incapacity for work, a subpoena, a certificate from a medical institution, from a transport organization.

Disrespectful reasons for absence from work

Unjustifiable reasons for absence from the workplace may, for example, include (Appeal rulings of the Moscow City Court of 02/18/2016 in case N 33-2890 / 2016, of 10/04/2016 in case N 33-32613 / 2016):

1. passing a medical examination (obtaining medical advice) in the absence of a formalized sick leave;
2. time off for days worked during the vacation, if the recall from the vacation was not issued and there are no documents confirming the need to go to work during the vacation;
3. filing an application for parental leave, if the issue of granting such leave is not resolved by the manager;
4. finding a spouse in hospital treatment.

Application of disciplinary action in the form of dismissal

Prior to the application of a disciplinary sanction in the form of dismissal, the employer must request from the employee a written explanation of the reasons for his absence from work. If, after two working days, the employee has not provided an explanation, the employer is obliged to draw up an act about this.

The employer has the right to dismiss the employee for absenteeism if the employee refuses to submit written explanations about the reasons for the absence from the workplace, as well as documents confirming these reasons. In this case, a disciplinary sanction is applied no later than one month from the date of absenteeism, 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 (parts 1 - 3 of article 193 of the Labor Code of the Russian Federation).

If the employee has provided an explanation and supporting documents, then the question of whether the reasons for the absence are valid is left to the discretion of the employer, but can be challenged by the employee in court.

When imposing a disciplinary sanction, the severity of the offense and the circumstances under which it was committed, including the fact that the employee notifies or does not notify the manager of the reasons for absence from work, are taken into account.

In this case, the employer must assess the reasons for the absence of the employee and apply a disciplinary penalty commensurate with his misconduct, taking into account the employee's previous behavior and his attitude to work (part 5 of article 192 of the Labor Code of the Russian Federation; Determination of the Supreme Court of the Russian Federation of 12.08.2019 N 5-KG19-98) ...

The employer's order (order) on the application of a disciplinary sanction in the form of dismissal is announced to the employee against 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 (order) against signature, then an appropriate act is drawn up (part 6 of article 193 of the Labor Code of the Russian Federation).

It should be borne in mind that if the procedure for applying a disciplinary sanction is violated, in particular, if the employer has not requested a written explanation from the employees about their absence from the workplace, the dismissal of such employees will be recognized as illegal. However, if the employer took action to request explanations from the employee, for example, by sending a telegram to his place of residence, which was not received by him for reasons beyond the employer's control, then the employee's dismissal is lawful (Appeal rulings of the Moscow City Court of 08.24.2016 in case No. 33- 27314/2016, dated July 28, 2014 in case N 33-29793 / 14).

Dismissal appeal

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes, including the court (part 7 of article 193, article 382 of the Labor Code of the Russian Federation).

If the employee was nevertheless fired, and he considers the reasons for the absence from work to be valid, then he can apply for the protection of his rights to the district court at the employer's location, place of residence or the place of performance of the employment contract. The claim as arising from labor relations is not subject to state duty (Articles 24, 28, Parts 6.3, 9, Article 29 of the Code of Civil Procedure of the Russian Federation; Clause 1, Clause 1, Article 333.36 of the Tax Code of the Russian Federation).

"Electronic magazine" Azbuka Prava ", actual as of 04.02.2020

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