What absence from work is considered absenteeism? When is an employee’s absence considered absenteeism? Step-by-step instructions for dismissal for absenteeism
Today we will be interested in the step-by-step procedure for dismissal for absenteeism. This process in real life is not as easy to implement as it seems. After all, absence from work is not always considered absenteeism. Therefore, employers may have some problems bringing their idea to life. Also, dismissal is not the only way to punish a negligent employee. It turns out that absenteeism does not in all cases entail loss of work. What should an employer know about this procedure? How to properly prepare for the dismissal of a truant worker?
Definition of truancy
The first step that needs to be taken is to establish the fact that the subordinate skipped work. This is very difficult to do. Under what circumstances is dismissal for absenteeism threatened? A step-by-step procedure will help you figure it out.
The Labor Code of the Russian Federation states that any subordinate can be fired for absence from work without good reason. Even if we are talking about the first pass. The main problem is that truancy has an ambiguous definition. And if the employer could not establish the fact of illegal absence of a working day without good reason, no dismissal can take place. This is the main problem employers face.
So what is truancy? This is the absence of an employee from the workplace for more than 4 hours in a row. At the same time, the Labor Code emphasizes that a subordinate should not have valid reasons for missing a work shift.
Good reasons
How is an employee fired for absenteeism? The procedure and step-by-step instructions for this process are difficult only at the very beginning. Namely, when determining how valid the reason for the employee’s absence from work was. Why do problems arise? There are no clear definitions in the Labor Code when missing a working day or shift is considered missed for valid reasons. But similar phenomena include:
- temporary disability of a subordinate;
- being in the performance of civil or public obligations;
- donating blood or undergoing a medical examination for this procedure;
- participation in strikes;
- taking the employee into custody (for example, arrest);
- emergency situations resulting in absence from work and transportation problems;
- salary delay for a period exceeding 15 days;
- carrying out emergency services work that requires access to the employee’s home.
It may be noted that the validity of absence from work is not as easy to establish as it seems. Therefore, at the very beginning of the dismissal process, the employer must not only know the definition of absenteeism, but also understand how valid the reason for the subordinate’s absence from the workplace was. What other actions should the boss take to achieve the task?
Act of offense
How to fire an employee for absenteeism? Step-by-step instructions will help you figure it out. The main important points have already been discussed - this is the definition of absenteeism and valid reasons for absence. An error in deciding whether to dismiss a subordinate may result in liability for the employer.
If you are sure that your employee is skipping work, be sure to record the offense. deeds. Its confirmation must be any evidence of the citizen’s absence from work for more than 4 hours continuously. Remember, absenteeism does not take place until this moment.
Also, evidence of the absence of a subordinate at work can be notes from colleagues, video recordings and other sources of information that record when employees arrive and leave the company.
Checking the possibility of dismissal
What to do next to properly formalize dismissal for absenteeism? The step-by-step procedure indicates that after drawing up an act of missing a working day (shift), as well as collecting evidence, the employer must check how legal his actions are.
In some cases, it is impossible to dismiss citizens on the personal initiative of the employer. Then the employee cannot be deprived of his job for absenteeism. For example, the Labor Code prohibits the dismissal of pregnant women. The employer, under any pretext, at his own request, is not able to deprive an employee of her position of work. Unless the company is liquidated, dismissal takes place.
Disciplinary action
The next step is not provided for all employers, but only for those who provide for disciplinary sanctions for violations of the employment contract. The step-by-step procedure for dismissal for absenteeism indicates that after all the above measures, it is necessary to check the timing of the imposition of disciplinary payments.
At the moment, such penalties are possible within a month from the day the employer learned about payments later than six months from the date of absenteeism; they are not applied.
Explanatory
Before the immediate registration of dismissal begins, the employer must require an explanatory note from the subordinate. This is the main document on which the entire process of depriving an employee of his job depends.
The explanatory note is written in free form. In it, the subordinate must describe all the circumstances under which he was absent from work for more than 4 hours. If there is evidence, it must be presented.
Next, the employer evaluates whether missing a day of work is truly considered absenteeism. If so, you can proceed to the next step. No? Then you do not have the right to fire a subordinate. If the cadre goes to court in this case, law enforcement authorities will not be on your side.
If the employee does not provide his document within 2 days from the date of request, the employer is obliged to draw up a report about this. In the event of litigation, such an approach can protect the boss.
Order
The step-by-step procedure for dismissal for absenteeism provides for the mandatory issuance of an order to remove a subordinate from work. But keep in mind that you can draw it up only after you have studied the reason for the absence of a subordinate.
When drawing up a dismissal order, remember that you cannot deprive an employee of his job who is on vacation at the time the document is issued. This restriction also applies to cases where the personnel is temporarily disabled. These rules are specified in Article 81 of the Labor Code of the Russian Federation.
Please note that it is necessary to indicate in the dismissal order the reason for applying the punishment in the form of complete removal from work. Dismissal is prescribed under subparagraph “a” of paragraph 6. This is a mandatory step. Next, the dismissal order is registered by personnel.
Familiarization
Documentation of dismissal of an employee for absenteeism is almost completed. The main part is completed. Now it's a matter of small things. After issuing the dismissal order, it is necessary to obtain the signature of the subordinate on this document. The employer must inform the employee of the penalty applied.
Of course, few people will agree to resign “under the article.” If the employer seriously intends to refuse the personnel, it is enough to make a special inscription on the order stating that the citizen refused to sign the order. It is advisable to prepare some evidence that the subordinate has familiarized himself with the document. For example, make a video recording. It may be required if an employee decides to go to court with a complaint about illegal dismissal from work. Threatened with dismissal for absenteeism? Step-by-step instructions indicate some features of this process.
If there was no signature on the order, you will have to draw up another act, which states that the subordinate refused to sign the document presented for review.
Calculation
What else is needed to properly formalize dismissal for absenteeism? The step-by-step procedure (diagram) indicates that the employer must make a payment to the subordinate for the time worked. If you neglect this point, you can prepare for responsibility.
The employer must prepare and provide a settlement note to the subordinate. With it, the frame is sent to the accounting department to receive the required funds for the time previously worked.
Cash is paid on the day of dismissal. This is ideal. If by that time there was no frame, then this operation is carried out the next day after the employee applies for payment to the accounting department.
Work book and card
How to fire an employee for absenteeism correctly? After making a settlement with a subordinate, it is necessary to make the appropriate notes in the personnel’s work book, as well as in his personal card. The reason for dismissal must be indicated. It should be exactly the same as on the order issued earlier.
The person being dismissed must sign a personal card stating that changes have been made and he is aware of this act. If an employee refuses to sign, a report about this is drawn up. You can do without it, but in case of litigation, any documents can help the employer prove his innocence and the legality of his actions.
The next step is to create a slave. This item is optional. Many employers simply skip it. After all, dismissal due to “article” is a potentially problematic situation. It spoils all statistics and has a negative impact on the employer’s reputation. Therefore, you can simply give the work book to the dismissed personnel.
By the way, the employer is obliged to return this document to the subordinate. Even if the employee remains in debt to the company. No one has the right to keep the work books of those fired.
How to fire for absenteeism? The step-by-step procedure must be fully followed. This is the only way an employer can protect itself. Situations often occur in which the person being fired does not want to pick up the work book. In this case, it is necessary to send the employee a notification by registered mail, informing him that the employee must pick up the “labor” document. It is also recommended that if an employee refuses a book, draw up a report on this incident.
If there is no resistance, the personnel receives a “labor record”, after which they sign in a special journal for recording the movements of the work books of subordinates at the enterprise. This confirms the receipt of the document.
Certificate of income
This is all. Now it’s clear how dismissal for absenteeism occurs. The instructions for this procedure provide one more point. It's optional, but if you implement it, you won't have to worry about running into another truant.
It is recommended that at the time of registration of dismissal under the “article” for absenteeism, issue the subordinate with a certificate of his income in form 2-NDFL. By law, an employee has the right to demand this document from the employer at any time.
Please note that the judicial authorities usually come to the defense of the dismissed personnel if the employer made the slightest mistake when registering the dismissal under the “article”. This must be taken into account. The step-by-step procedure for dismissal for absenteeism has been completed. By following these rules, you don’t have to worry that the process of removing an employee will be disrupted.
Dismissal for absenteeism: step-by-step procedure, diagram of what is considered absenteeism under the labor code and whether it is possible to fire a pregnant woman for absenteeism. Sample documents for dismissal for absenteeism. Step-by-step instructions and challenging dismissal in court
The article will talk about the concept of “absenteeism” according to the Labor Code of the Russian Federation and how to operate with it. How to properly fire someone for absenteeism and how to register an employee’s absenteeism in 2018, as well as what nuances and features apply to forced absenteeism. What limitation periods for providing an explanatory note and drawing up a report on absenteeism apply and whether they include the period of sick leave or vacation.
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When faced with violations of discipline in the form of absenteeism without a good reason, both the employee and the employer can make typical mistakes. The employer - having rudely formalized the dismissal procedure for absenteeism with violations and risking entering into litigation, the employee - without knowing the nuances and rights, has to come to terms with the illegal termination of the employment agreement. The law must be observed. How to correctly record a “crime”, fire a boss for absenteeism and be able to defend in court the correctness of his actions to an employee, we will discuss in the article.
What is considered absenteeism according to the Labor Code of the Russian Federation?
The law says: dismissal under an article for gross violation of Labor Code norms is formalized at the initiative of the employer, on the basis of a corresponding written order (in the T-8 form). One of the disciplinary offenses is absenteeism. The Labor Code of the Russian Federation defines absenteeism as absence from the workplace without good reason throughout the entire shift, regardless of its duration, or for 4 hours in a row without good reason. That is, the duration is from 4 hours to one day. This is recorded in the working time sheet. The report card will become indisputable evidence.
- The fact that the employee is absent from the workplace.
The worker performs his duties in accordance with the job description. It determines the specific place 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 its countdown (in the time sheet).
Absence from work is a gross violation of the employment contract and entails sanctions in the form of termination of the relationship and dismissal for absenteeism. An article of labor legislation indicates absence from the workplace for more than 4 hours in a row during the working day. In this case, the lunch break does not count. If the employee was not at the workplace without valid reasons and circumstances for a continuous 4.5 hours, which included a regulated lunch, then it is impossible to dismiss the employee under the article for absenteeism on the initiative of the employer. Violated? For this reason, the manager issues warnings, and if these warnings are ignored, a reprimand is issued. To record the moment of arrival, enterprises introduce passes, fingerprint marks or written recording of the actions of arrival and departure.
Reasons for absence from work
Circumstances vary. A worker may not appear due to both significant and insignificant reasons for absence during the working day and must make an explanation.
Valid grounds for absence from work for more than 4 hours in a row (they are documented):
- Illness of an employee or a close relative, such as a child;
- Death of relatives;
- Utility accidents and accidents;
- Force Majeure.
Important
What needs to be proven to the employer is the fact of forced absenteeism. To confirm, certificates from the traffic police, utility services, medical institutions, and witness statements are accepted. An explanatory note is also written about the circumstances that forced you to take time off work.
Unexcused reasons for absence from work are other events that are not valid for obtaining leniency from superiors. A specific case of absenteeism without valid reasons and circumstances remains at the discretion of the manager, based on the value and personal characteristics of the employee. A number of reasons for absence during a shift can be forgiven for a good employee. After all, one order can ruin a person’s life.
Dismissal for absenteeism: step-by-step instructions
To avoid further troubles for management, including due to receipt of subpoenas for legal proceedings, it is necessary to comply with formalities in office work and dismiss for absenteeism. It should also be remembered that the period for penalties 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 violation. The dismissal procedure will be as follows:
- When dismissal for absenteeism, an employee absenteeism report is drawn up. The act of absence of an employee from the workplace (a sample of which can be downloaded) without good reason is a statement of the fact of lateness, indicating and signed by witnesses. To draw up an absence report in all cases, the number, duration of absence from the workplace, as well as the explanation for the absence are recorded. Typically, a document is drawn up after explanations of the reasons have been received. It is better to endorse it immediately.
- Requiring a written explanation from the employee (explanatory). The absenteeism report is given to the employee upon his appearance at the workplace for review. One of the important rules on how to properly fire someone for absenteeism is to try to get an explanation. In all cases, the employee is given 2 days to do this. The offender either provides a response or refuses to provide one. Lack of feedback from the employee leads to the drawing up of another act of refusal to provide explanations. The signature of witnesses is required.
- A memo stating that the employee was absent. It is submitted to higher management along with an act of refusal to explain and is a reason for imposing a disciplinary sanction on the employee due to the absence of an employee and drawing up a dismissal order for absenteeism (a sample memo can be downloaded).
- Order of dismissal for absenteeism under article. The issuance of an order due to the absence of an employee occurs after analyzing the precedent. The key role is played by the presence of good reasons, as well as the employee’s status in the company. The order uses standard wording. The document is drawn up on the date preceding the absence, if the employee does not provide an explanation. When receiving explanations qualified as disrespectful, the date of the order will coincide with the day the explanatory note was written. The perpetrator is presented with the order upon signature. The order is certified by the signature of the director.
- Notice of dismissal for absenteeism. There is a sample document; it is given to the dismissed person within 3 days from the date of drawing up the order for signature. Refusal to familiarize yourself with this is also recorded in an additional recording in front of witnesses.
Registration of a work book: payments
An entry in the labor record upon dismissal for absenteeism completes the dismissal procedure. Entered:
- Record serial number;
- The date of dismissal coinciding 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;
- Signature of the personnel officer and seal of the organization.
The book is issued on the last day of work. If the dismissed person fails to appear, a notification is sent to receive a work permit. If they don’t show up for the book, it continues to be stored at the last place of work. It is also possible to send written permission to forward the work report to the place of registration, which will relieve the boss of a fine for withholding the document.
Payments include all salary debts, sick leave, and unspent vacation.
Sickness Bulletin
Filing a claim for termination of 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 superiors. If the employee provided a certificate of temporary incapacity for work to the manager, then the court will side with the dismissed person. In this case, not only reinstatement can be assigned, but also compensation for each missed day of work. Deliberate concealment of sick leave will leave dismissal for absenteeism unchanged.
Pregnancy
Absence from work during pregnancy is not uncommon, but is it possible to fire a pregnant woman for absenteeism? The Labor Code is on the woman’s side here; it prohibits the application of Article 81 in relation to a female employee. Exceptions would be violations in educational institutions or 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 he will be compensated for absenteeism through no fault of his. It is calculated like this:
(O cm x 12 months / K rd) x K vp,
Where About cm– average monthly salary,
K rd– number of working days in a year,
To VP,— the number of non-working, forcedly missed days.
Compensation is denied if the employee received unemployment benefits during this period.
Typical mistakes of HR specialists
More and more employees are becoming “savvy” in matters of labor relations. This point is often underestimated by personnel officers who cannot formulate it correctly and make mistakes in their work. It's connected with:
- Lack of all necessary papers;
- Inconsistency of dates;
- Lack of timeliness in drawing up the first acts of admission;
- We included vacation and illness during the period of absenteeism.
It is useful to know how to determine the categories of workers to whom you can apply?
FAQ
Didn't go to work after lunch. Is this considered truancy? If an employee was absent for a total of more than 4 hours, then yes, this is a violation of the contract.
Absenteeism from work after a 15-day delay in payment of wages is considered absenteeism? No, labor legislation has established a six-month period after which an employee may not go to work without a good reason if the fee is delayed.
Was absent from work for about 6 hours. He refused to give written explanations. What actions should the manager take in this situation? An act of refusal to explain and a report on the employee is drawn up. She initiates the preparation of a dismissal order.
Is it necessary to search for a missing employee? Necessarily! Search using available means with the involvement of a police officer. It is impossible to dismiss an absent person until he is found or the court makes a decision about the missing person.
How long does it take to get fired? Dismissal may occur 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 absence was before sick leave? A valid reason, in this case illness, is not an obstacle to paying for a missed day.
The deadline for bringing to disciplinary liability has been violated. In this case, the employee needs to make sure that more than 1 month has passed since the offense was committed and file a claim or contact the labor inspectorate.
For example, a manager, analyzing the discipline of employees, notices from the statistics of arrivals that 2 months ago a certain subordinate did not show up for work. It is impossible to punish him or fire him, because... The statute of limitations has expired.
The rules for dismissal for absenteeism were violated. Any “jambs” during dismissal in the preparation of paperwork allow labor law to be challenged in court.
For example, a notice of termination arrived by mail on December 1, but the dismissal order itself was drawn up on November 20. This is considered a direct violation on the part of management. In this case, the court will side with the employee, since the procedure for dismissal for absenteeism must be strictly followed.
Improper performance of job duties cannot be equated to absenteeism. One of the typical mistakes of personnel officers is dismissal due to absenteeism. . There must be unjustified reasons for absenteeism.
For example, a cleaner was fired for absenteeism because she did not show up to the office and did not clean. Studying the employment contract, the court did not find any specification of the schedule and duration of the shift, which contradicts the concept of “absenteeism from the workplace.” But failure to fulfill job duties here will be the correct wording for dismissal.
Suspension of work due to non-payment of wages cannot be equated to absenteeism. After a 15-day delay, absence from work is treated as forced absenteeism. Judicial practice speaks of the illegality of application of the concept.
Is it possible to fire an employee who was not allowed to work for absenteeism? The employment relationship begins after the conclusion of the employment contract and entry into the book.
Illegally dismissed, reinstated and illegally dismissed again. Such cases are rare, since the manager and personnel employee take into account the mistakes made during the first termination of the contract.
For example, reinstatement by a court decision is scheduled for a specific date. On the same date, an act of cancellation of the order is drawn up and sent to the employee. If the notice comes on days when he should already be working, then the option of dismissal is again considered. This is again illegal.
When does the court recognize dismissal as legal? Subject to the rules for registering dismissal and the absence of compelling reasons for absenteeism.
For example, an employee fell ill, but provided sick leave, which opened on the third day of his absence. At the same time, he did not contact management and relied on a certificate of ability to work. Absence within 2 days is qualified as an absence.
What are the features of dismissal of athletes and coaches? The contract between a coach or an athlete is suspensive, i.e. it can be concluded on one date, and the deadline for fulfilling obligations is set later. If before this deadline an athlete writes a statement of his own free will and does not go to work, then the coach does not have the right to fire him for absenteeism. For example, a football player entered into a contract on May 1 with an effective date of June 1. On May 28, he writes a statement, but receives no response. On May 30, he is not counted, which is illegal, because... The contract comes into force only on June 1.
How to fire an employee for absenteeism using a telephone message instead of an explanatory note? Just! Witnesses are required in whose presence the call to the offender will be made. The conversation with the offending employee must be recorded on a voice recorder. Depending on the content, the telephone message will be involved in the procedure for dismissal for absence.
The employer's liability for unlawful actions when dismissing an employee for absenteeism. Managers can be fined and brought to administrative liability if their actions caused harm to the dismissed person.
Dismissal for absenteeism: risks for the employer. An employer may be held liable if it violates labor relations standards. For example, if he fires an employee who provides a pregnancy certificate.
What is the statute of limitations for wrongful dismissal? You can file a lawsuit no later than 1 year after dismissal.
Is it possible to complete registration without the presence of an employee?? Through written notifications, or in case of refusal to contact. 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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Absenteeism is a disciplinary offense, often leading to dismissal from work, but the manager does not have the right to expel an employee for the very fact of absence during working hours. Let's figure out what is considered absenteeism and under what conditions a penalty is imposed, and also name the circumstances indicating the absence of an employee for a good reason.
Absenteeism in the Labor Code of the Russian Federation is understood as a violation of labor regulations, consisting of prolonged absence of an employee from the workplace without good reason.
The administration of the enterprise has the right to recognize the employee’s actions as absenteeism under three conditions:
- failure of a staff member to appear at work for more than four hours in a row;
- the employee was absent without a valid reason or could not confirm his absence due to circumstances beyond his control;
- the disciplinary violation was correctly recorded and documented.
Does not become a basis for punishment for absenteeism according to the Labor Code:
- absence for exactly four hours;
- absence for more than four hours a day in total - two hours in the morning plus two and a half after the lunch break, etc. Such actions constitute two delays;
- absenteeism from work on weekends/holidays, unless the person has given written consent to work on these days.
Important: an employee has the right to challenge his absence from the workplace if he is not officially assigned a specific workplace.
Systematic absenteeism does not leave the head of the organization a choice - a dismissal order is issued.
Absenteeism is also distinguished depending on other factors:
- during the probationary period - a good reason to recognize the employee as having failed the test;
- on a business trip - absence from work is recorded in the standard manner, documents are sent to the place of main work, where a decision on recovery is made.
Absenteeism without good reason
Absenteeism at work has negative consequences only if there are no good reasons that exclude the fact of misconduct.
Personal circumstances
Absenteeism from work due to a number of personal circumstances is not considered absenteeism:
Did you know
In labor practice, a very common occurrence is absenteeism of a pregnant woman due to visits to the doctor. In this situation, the employer cannot fire the pregnant woman on his own initiative. Read more in this
- illness of the employee or his child - if you do not want to issue a sick leave, it is confirmed by a certificate from a medical institution;
- a summons to court or to an investigator - confirmed by a summons;
- emergency situation at the place of residence - confirmed by a certificate from the organization that eliminated the accident.
A specialist will talk about the intricacies of punishment for absenteeism, about valid and disrespectful reasons in the video below:
Force Majeure
A person’s failure to appear at work is also justified by force majeure circumstances:
- breakdown of an elevator with an employee in the cabin;
- traffic accident;
- flight delay or lack of tickets for the required type of transport, as a result of which the employee was late from a business trip, vacation or other trip;
- strong gusts of wind, flooding or other natural obstacles;
other.
Finding himself hostage to force majeure, a person must find a way to confirm these circumstances.
Please note: failure by an employee to provide documents or other evidence of absence for a good reason will result in punishment for absenteeism without good reason.
Events known in advance
The reason for not showing up at work is often an event known in advance:
- funeral of a relative;
- wedding;
- another important event.
But in such cases, nothing prevents the employee from notifying the manager in advance and asking for a dismissal note or leave at his own expense. If the administration was not warned about absenteeism, it has the right to treat it as absenteeism.
According to Art. 142 of the Labor Code of the Russian Federation, an employee has the right not to appear at the workplace without a good reason in the event of a delay in payment of wages for a period of more than half a month. But even in this case, he must notify management of his intention in advance. By the way, about how long wages can be delayed by law - read this
A specialist will answer your questions in the comments to the article
Employees who are dishonest about their job responsibilities, and, in particular, absentees, become a headache for the management of most enterprises. According to the Labor Code, absenteeism, in contrast to being late, is regarded as a violation of labor discipline and serves as a reason for disciplinary action and even termination of employment relations, however, in reality, not everything is so simple. For an employer, the use of extreme disciplinary measures is strictly regulated by Article 193 of the Labor Code of the Russian Federation. Moreover, both parties must know the rights. In some cases, the nuances of the process can help a conscientious person protect himself from unreasonable pressures from management and not damage his reputation. What is considered absenteeism, and what are the features of dismissal in connection with it, we will consider further.
Missing work hours
The concept of “truancy” in the Labor Code and its types
Absenteeism according to the labor code is the intentional absence of a subordinate from the workplace (Article 209) without good reason for 4 hours in a row or more (Subclause “a”, clause 6, part 1, article 81). Absenteeism also means leaving work without permission without warning of the termination of employment obligations. The concept of absenteeism is defined (by Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004). In addition, absenteeism includes such actions as: unauthorized going on vacation without permission from superiors; failure to fulfill duties after a legally executed transfer to another workplace; skipping shifts before the end of the agreed period when signed under a fixed-term employment contract; leaving the work zone without communicating with a superior, when collaborating under an employment contract without a specified validity period; downtime of working hours if the employer violates the rights of employees. To understand the situation, it would be better to contact the appropriate services.
Leaving work, as well as any failure to perform official duties, will be considered truancy when the truant does not indicate valid reasons and does not attach evidence to them.
Failure to perform assigned duties is truancy
There are two conventional categories of absenteeism:
- Short-term(classic). Here the employer is warned where the subordinate is and can always talk to him. What needs to be done for absenteeism is stated in Article 193 of the Labor Code of the Russian Federation. The person is asked for an explanation for his behavior; his justification must be written down on paper and presented to his superiors within 2 working days. The basis for this is a memorandum prepared in advance addressed to the authorities and the documented fact of missing working hours on a certain day. If there is no response from the person, then a corresponding act is drawn up, which is signed by its drafters and three witnesses to the violation. And only after this the manager has the right to issue a decree imposing a disciplinary sanction, recording the date of absence on the report card as absenteeism.
- Long-term(long-term). Here the employer does not know where the subordinate is staying, for several shifts or weeks. Therefore, he cannot be contacted. In order to fire someone for absenteeism, the employer has to wait for the employee to appear at the workplace and then proceed with the standard processing. The law allows you to request explanations by mail or telegram to the address in the personal file of the subordinate. It is necessary to carry out registration strictly according to the Labor Code of the Russian Federation; otherwise, the truant can turn the situation through the judicial authorities in his favor, be reinstated in his position and even receive compensation costs.
The total time for collection and issuance of the corresponding order is one month.
Consequences of absenteeism
We have defined what absenteeism is under labor law; now we will consider what creates constant clashes of interests between both parties. The fact is that Article 81 of the Labor Code of the Russian Federation does not contain a list of valid reasons. As a rule, the manager decides whether the reason will be serious if local regulations strictly regulate the start and end times of the shift, and the workplace is clearly defined. When there is no clear concept of a workplace in regulatory documents, one should rely on Art. 209 Labor Code of the Russian Federation. From it it is said that a workplace is an area that is assigned to each individual staff unit of the company. A person must stay in it and perform the work assigned to him, as provided for in the regulatory and technical documentation.
Knowing the rights, a truant can avoid punishment
In case of absenteeism, the employer may not formalize dismissal under the article for absenteeism, although he has every right to do so, it all depends on how competent he is in this matter. If an employee systematically violates the rules, then this method is simply necessary to regulate work. The employer has the right to issue a reprimand, reprimand, or collect a penalty from the truant in the form of deprivation of bonuses, although the lack of incentives is not a punishment. Let us note that the Labor Code of the Russian Federation provides for only one punishment for absenteeism at work, so if a person is reprimanded, terminating the employment relationship for this absenteeism is already prohibited.
After concluding an employment contract, each employee is required to familiarize himself with the job description, internal regulations of the organization and other local regulatory documents.
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Strictly complying with the norms of both federal and local legislation is the responsibility of every worker. In particular, it is the responsibility of each employee to be present at the workplace during the work schedule established by the schedule.
Definitions
Absenteeism is the absence of a worker from his work place:
- during a full working day, regardless of how long it lasts (5, 6 or 7 hours);
- or 4 hours in a row during the 1st working day.
Legislation
The Labor Code of the Russian Federation regulates under what article dismissal for absenteeism is carried out, the procedure for issuing an order and familiarizing the employee with it, what disciplinary measures, other than dismissal, can be applied, etc.
basic information
Absenteeism is recognized as a gross violation of labor duties, along with:
- the appearance of a worker at work in a state of intoxication;
- disclosure of trade secrets that became known to the worker;
- theft at the place of work or damage to government property;
- violation of safety regulations resulting in the death of workers or other persons through negligence.
For the above-mentioned offenses and for absenteeism, dismissal may be made, or other types of disciplinary punishment may be applied - at the choice of the employer and taking into account the severity of the offense committed / the personality of the offender.
What exactly is considered truancy?
The Labor Code of the Russian Federation states that absenteeism is either absence from work for 4 or more hours in a row, or absence from work at all on any working day.
Article for absenteeism under the Labor Code of the Russian Federation, dismissal
Article of the Labor Code of the Russian Federation for dismissal for absenteeism - paragraphs. “a” clause 6 of Art. . It is this basis that is entered into the work book.
When dismissal on this basis, the Labor Code of the Russian Federation does not indicate any restrictions for the employer on the application of the most severe disciplinary measure - dismissal.
The choice of liability is left to the discretion of the employer, who, taking into account the severity of the offense committed and other factors (for example, repeated absenteeism), imposes:
- or a remark;
- or a reprimand;
- or dismissal.
For example, with the 1st absence, the employer can issue a reprimand, with the 2nd, a reprimand, and only with the 3rd, dismissal, or even with the 1st absence, issue an order to terminate the employment relationship.
Rules and order
The procedure for dismissal for absenteeism includes 2 components:
- imposition of disciplinary punishment in the form of dismissal;
- the dismissal itself.
The 1st procedure proceeds as follows:
- The fact of absenteeism is recorded by drawing up, which must indicate the names of witnesses (at least 3 people), as well as the specific time and date of absenteeism.
- An explanation is required from the employee.
This article of the Labor Code of the Russian Federation does not specify the terms of dismissal for absenteeism, but it seems that the date specified in the order will be the final date of dismissal.
First of all, the manager issues an order to terminate the employment relationship in a single or form of organization, which indicates:
- date of conclusion of the employment contract and expiration of its validity;
- Full name of the offending employee, his position, name of the structural unit where he worked;
- grounds for termination of relations (entry in the labor record) – paragraphs. “a” clause 6 of Art. Labor Code of the Russian Federation;
- documents confirming absenteeism (memorandum of absence from work, etc.);
- signature of the head of the company and transcript.
At the request of the employee, an order in the company form or T-8 must be issued to him, having previously certified the document.
At the final stage of the procedure, a final settlement is made with the employee.
Absenteeism was forced
Forced absenteeism is recognized as a worker’s lack of actual opportunity to report to work.
List of such possible cases:
- illegal dismissal;
- conclusion of an employment contract not within the established deadlines;
- execution of a court verdict on reinstatement at work was not carried out on time;
- the employer entered incorrect wording into the work book, which prevented the employee from taking another job.
There is a reprimand for absenteeism
Dismissal for absenteeism is possible, but is applied only in exceptional cases - for example, if an employee has performed poorly at his place of work, constantly violated labor discipline rules, or otherwise failed to comply with the requirements of his immediate superiors.
If the worker has skipped work for the first time, has a good reference at the place of work and has never previously been noticed in violating local labor rules, the head of the company may limit himself to a remark or reprimand.
The procedure is the same as for dismissal, that is:
- first, the employer requests a written explanation from the employee;
- waits 2 days;
- if after this time the explanatory note has not been submitted, a corresponding act is issued;
- further, no later than 30 days from the date of absenteeism, issues an order to impose a reprimand, which the worker must familiarize himself with within 3 working days, confirming familiarization with his signature.
After a reprimand is issued, the employee will be considered subject to disciplinary liability for 1 year (Article of the Labor Code of the Russian Federation).
The employer has the right to remove the penalty even before the expiration of 1 year:
- at your own request;
- at the request of the employee himself;
- at the request of the employee’s immediate superior or trade union.
Consequences of a reprimand
The consequences of imposing a reprimand, other than dismissal for subsequent tardiness or other violations of internal regulations, are not defined by the Labor Code of the Russian Federation. In particular, it is not indicated whether the employee will be deprived of bonuses and other material incentives during the period of the reprimand.
