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Dismissal for absenteeism: design features. Explanatory note from an employee

One of the most difficult situations for an employer is the systematic absenteeism of an employee or even his long absence.

And, if a negligent worker can still be punished with a fine for absenteeism, then when he does not appear at all, and the employer suffers losses at that time, this is already a production disaster.

But in this case, you need to be guided by the law of the Russian Federation. So, dismissal for absenteeism - step-by-step instruction 2016.

Absenteeism, according to Federal Law No. 90-FZ of June 30, 2006, means the absence of an employee from work without a good reason, as well as the absence of an employee without a good reason for more than four hours in a row in one day.

The issue of absenteeism is devoted to, according to which, even in the case of a single precedent for not showing up for work, the employer has the right.

Also, if an employee leaves the performance of his work duties without a good reason, then articles , , , clause 1 and , clause 1 of the Labor Code appear here, according to which the labor contract is legally terminated.

There are also situations when an employee arbitrarily distributes vacation days and days off. If this is not agreed in advance, then by virtue of Article 81, paragraph "a".

Otherwise, the law applies to absenteeism if a person used one of their days off to donate blood. In this case, as the fourth part of Art. 186 of the Labor Code, the donor has the right to a day of rest after donating blood.

In what cases can you be fired for absenteeism?

Now the reader will decide that this paragraph in the article does not make sense, because everything is detailed in the Labor Code, and a person is subject to dismissal for neglecting his work duties.

But if only it were that easy...

Every employer should know that any of his careless steps regarding the interview and recruitment, or dismissal, can bring serious problems: every mistake can be regarded by the court as a gross violation, and not a truant, but the boss himself will suffer big losses.

  • Pregnant women (this is stated in article 261 of the Labor Code).
  • Blood donors.

Another controversial issue is also known in practice: when a manager requires an employee, but he is on vacation at that moment. Then, of course, the Labor Law will be on the side of the employee, and here the boss should already think about informal relationships in the team, about the attitude of employees to the success of the company. Often such problems lie in illiterate management.

But the question immediately arises, what is a valid reason for absenteeism?

Valid reasons that prevent legal dismissal include the following:

  • A sharply deteriorating state of health, confirmed by an ambulance call. Urgent admission to the hospital.
  • Donation of blood or plasma.
  • Detention by the police (lawfully or by mistake).
  • Forced execution of a public task assigned to a citizen by municipal, regional or federal authorities.
  • Others (flood, fire, earthquake, terrorist attacks, breakage of the traffic line).
  • Not paid by the employer wages or a delay of more than two weeks.

The following documents are proof of good cause:

  • or a certificate from a particular medical institution;
  • summons to a court session or act of arrest;
  • in case of force majeure traffic - a certificate from the transport company.

Upon presentation of these documents, absenteeism is recognized not as unauthorized, but as forced, and penalties or dismissal as a disciplinary measure in relation to a citizen are not presented.

Violation of this rule by the head of the organization will result in legal proceedings and:

  1. Reinstatement as a citizen.
  2. Payment of moral damages.

Employer's procedure: instruction

Consider the procedure for dismissal for absenteeism of an employee under the article, how the registration procedure goes.

So, the fact is obvious: the employee did not come to the office (to production), he does not belong to the categories protected by the Labor Code.

Then, if the issue of dismissal has become an "edge", you should follow the following instructions.

  • The head fills in the accounting of labor hours and marks “НН” opposite the name of the truant for that day.
  • A memorandum is being prepared, arguing the non-appearance, and an act is being drawn up (legally fixed in order to avoid long litigation in the future). The report is written by the head himself, but you need to draw up an act of absenteeism with two (as many as possible) witnesses from among the employees of the organization.

But even this is not enough to legally (without problems in the future) fire a truant. Next, you need to act according to the situation.

  1. If the truant appeared the next day, then you need to take an explanatory note from him or record a refusal to give explanations. The refusal is again certified by the signatures of two (or more) witnesses, employees of the organization.
  2. If the truant did not appear the next day, did not call and did not give any information about himself, then the office sends a letter to the registration address with a notification of his registration with control and the need to give an explanatory note about absence from the workplace. In the event of a valid reason (non-attendance for health reasons, etc.), the issue of dismissal has been settled. In the case of an unexcused cause, further action is taken.

If, after a written notification, the employee still does not appear in the office, then a document is drawn up upon the fact of non-attendance.

Here the main point is the observance of deadlines - after 1 month, the employee quits automatically. Before this period, no action should be taken, as they can be appealed in court.

  • The employee is notified in advance of the intention to terminate the employment agreement, within 3 calendar days. He also introduces all Required documents: payroll, documents on dismissal.
  • If the employee cannot appear in the office, then communication is carried out through correspondence, in which case, the work book is sent by mail. If his whereabouts are unknown, and sending notification letters did not give anything, then, after 30 days, an act of non-appearance is drawn up.
  • The next step is the dismissal and the work of the employee with an article explaining the reason. The date of dismissal is set.

Can I apply for a retroactive dismissal?

According to Art. 193 of the Labor Code of the Russian Federation, all disciplinary sanctions, including the preparation of an act of dismissal, can be carried out only after thirty days have passed from the date of violation of the employment contract, and not earlier.

Of course, in this critical period, relying on logic, one wants to forget about the existence of a truant and take another, literate person in his place, but this will be wrong, and for such self-will, one will have to regret later, paying the truant the borrowed money or, accepting him again to work.

It is also unacceptable to draw up documents retroactively; for such acts, the employer himself may fall into the category of defendants. An exception is either his long absence from the workplace (over 30 days).

But even then, be careful and careful: all signatures and dates must match in the accounting journals, because in the event of a dismissal being contested, a discrepancy in the documents will lead to very unpleasant consequences.

The nuances of dismissal of certain categories

Since the Labor Legislation of the Russian Federation carefully protects and protects the rights of citizens (and this, of course, is wonderful), it is problematic to dismiss categories that are under the special protection of the Labor Code.

This is especially true for pregnant women and young mothers.

But here, too, there are some corrections.

  • The employer has the right to terminate the employment contract in the event.
  • You can also terminate the contract peacefully,. But in this case, it is better to play it safe and draw up an act of mutual agreement, you never know what ... The act indicates the reason for terminating the contract, indicates the date and puts the signatures of the employee and employer.
  • The option of dismissal is also possible if the employee passed and did not justify the declared opportunities, showed unsatisfactory results of his work.

Sample letter of dismissal for absenteeism

Employee absenteeism is a fairly common type of violation of labor discipline and is subject to strict disciplinary action up to and including dismissal. We will talk in detail in our article about the features of the procedure for dismissal for absenteeism and the documents necessary for completing this procedure.

Absenteeism: concept, types, criteria

Skipped work or received a reprimand for absenteeism - such phrases are often used by both employees and employers. But is everyone familiar with the concept of absenteeism, and in what case can we say that an employee skipped work?

  • An employee can be called a truant only when he is not in his place more than 4 hours in a row and this fact is confirmed by written evidence. In other words, if an employee left work and did not return to work after 4 hours, then this situation can be considered absenteeism.
  • A truant can also be a person who showed up for work at all, and therefore did not perform his job duties all day.

Two main criteria have been established to recognize the absence of an employee at the workplace as absenteeism. They consider the following factors:

  • the employee is not at the workplace without good reason;
  • employee left workplace for 4 consecutive hours (or more) or did not show up for work at all.
Types of absenteeism

As for the types of absenteeism, they are divided into two categories:

  • The main ones are cases when the employee left work for several hours, or did not appear at the place of performance of labor duties, after which he appeared at work the next day. In such cases, the employer knows where the employee is, can contact him, find out the reason for absenteeism (perhaps it is valid) and establish when the employee will return to work.
  • Long-term - the situation is more complicated with long absenteeism, in which the employee is not at work for several days (weeks), while he does not get in touch, and therefore it is impossible to establish his location. These factors greatly complicate the procedure for dismissal and other disciplinary sanctions for long absenteeism.

What is not considered absenteeism

You left the workplace in order to receive medical attention

This excuse factor is quite common in industrial accidents and other emergencies, when an employee seeks help for himself or for his colleague. It does not matter whether you needed medical assistance directly, or you called a doctor for the victim - in both cases, your absence is not considered absenteeism. If you left your place of work in order to see a doctor and you have a certificate about this - feel free to provide it to the employer! Your "absence" is legally justified and is not considered absenteeism. But keep in mind - the date of the certificate must necessarily correspond to the date when you were not at work.

You are involved in investigative activities or are under investigation yourself

As in the case described above, it does not matter whether you are directly a suspect in a court case, or you act as a witness, a witness - in each of these cases you are given the right to miss a working day if this is caused by an investigative need. It is possible that on the way to work you became a participant or witness of an accident, and for this reason you were late for work or did not go to work at all.

In order not to become a truant, take care of obtaining a certificate stating that you are a victim, witness, witness, etc. If you provide such a certificate to the employer, you can consider yourself absolutely protected from the application of various penalties for absenteeism. When an employee is detained by internal authorities, the date of his detention must correspond to the date when he did not come to work.

Your employer is more than 15 days late in paying wages

By allowing you not to work "for free", the law provides you with legal protection from an unscrupulous employer. But before you refuse to perform your job duties, be sure to inform the management about this by filling out an appropriate application. It will not be superfluous if you decide to write a complaint to the labor inspectorate. In the event that an organization tries to fire you for absenteeism, a copy of the above statements will serve as confirmation of the legality of your absence from work.

The employee did not show up for work: what to do?

So, the employee is absent from the workplace for more than 4 hours in a row. What algorithm of actions should the employer apply? Let's briefly describe each of the stages. step-by-step dismissal for a walk:

  • The employer draws up an act of absenteeism.
  • The absent employee receives an explanation of the reasons for the absence. From the text of the explanatory note and the documents attached to it, it is established whether the absence has good reasons or not.
  • It was established that the truant had no valid reasons. The immediate line manager of the employee draws up a memorandum and sends it to the head of the organization.
  • At the discretion of the management, a disciplinary sanction is applied to the truant (reprimand, fine, dismissal).
Walking without dismissal

Separately, we note cases of absenteeism without dismissal. If you are a highly qualified employee with high performance and violated labor discipline for the first time, then it is quite possible that the employer will not fire you, but will limit himself to reprimanding:

  • The application of a moral and ethical penalty is the most universal and effective method of influence, because a reprimand can be issued to those categories of employees who cannot be fired for absenteeism (energy supply workers, ambulance and emergency workers, workers in hazardous and hazardous industries).
  • In addition, a reprimand allows for financial penalties in the form of deprivation of bonuses, as well as the imposition of a fine. Also, according to the Labor Code, a reprimand is one of the prerequisites for subsequent dismissal.

Let's try to find out all the intricacies of the dismissal procedure for absenteeism in 2016, for this we will use step-by-step instructions.

Registration of the act of absenteeism

If you are absent for more than 4 hours or throughout the working day (shift), the employer will document this fact in writing. Registration of absenteeism is fixed by the relevant act. The form of the act is not strictly established, therefore the document can be drawn up in the form established directly by the organization. But the law regulates compliance with the following conditions when compiling paper:

  • the document is drawn up and signed by members of the special commission;
  • the act must contain information about the location of the employee, in the absence of such information - about the measures taken to establish it;
  • the act contains accurate data on the time the employee was absent from the workplace. If you were not at the place of work for a long time, including during a break, then this fact must be recorded in the act;
  • the date of preparation of the document strictly corresponds to the date of absenteeism of the employee.

The paper is handed over to the truant for review and signature. If you do not want to read and sign the act, then the fact of refusal is described in the document. It does not matter whether you sign the act or not - in any case, the employer can fine you, reprimand and even dismiss you.

sample act

ACT N 1
Absence from work without good reason
more than 4 consecutive hours during the working day (shift)

Time of drawing up the act: 18 hours. 20 minutes.

Senior Economist of the Financial Department Petrushov K.D. in the presence of the chief accountant Skuratova V.P. and accountant of the 1st category of the settlement department Kirova G.L. drew up this act as follows:

April 25, 2016 accountant of the 2nd category of the settlement department Vasilyeva S.N. was absent from work at the address Saratov, st. Lenina, d. 25, room. 19 from 09 h. 45 min. until 18 o'clock. 00 min., including a lunch break from 12 noon. 00 min. until 13 o'clock. 00 min. - during the working day. (total 8 hours 15 minutes).

Vasilyeva S.N. requested to provide a written explanation within 2 business days.

Signatures of the persons who drew up the act:
______________ / Petrushov K.D. /
_____________ / Skuratova V.P. /
_____________ / Kirova G.L /
Acquainted with the act ___________ / Vasilyeva S.N. /

Demanding an explanation from the employee

Next, we move on to the explanations that the absentee employee should give, while describing the reasons for his act. In order to prepare an explanatory note, you have 2 days. You can refuse to give explanations, this will be formalized by an act of refusal.

Such an explanation is drawn up by the violator in writing in the form of an explanatory note (the form of compilation is free). If you were obliged to draw up an explanatory note, then in its text you should mention good reasons, if any (he went to the doctor, was a participant in an accident, etc.). All exculpatory facts must be supported by documentary references.

Making a memorandum

Analyzing the dismissal scheme for absenteeism at work, we proceed to the next point - the preparation of a memorandum. The report is written by the line manager in the name of the director of the enterprise, the form of the document is free, but it is worth mentioning in it the reasons for the employee’s misconduct and other violations that were noticed by him. At the end, the compiler expresses his opinion on the necessary impact.

Reporting note from the head

General Director of JSC "Mars"
Komarov S.L.

MEMORIAL No. 37 dated June 15, 2016
on violation of labor discipline

I bring to your attention that today, 06/12/2016, the forwarding driver of the sales department Stepan Markovich Sorokin was absent from his workplace for 7 hours and 15 minutes. (including lunch break from 13:00 to 14:00) from 10:45 to 18:00.

Due to the absence of Sorokin at the workplace, the supply of materials to customers of Kremen JSC and Sobol LLC was disrupted.

There is no information confirming the validity of the reasons for the absence of Sorokin SM. Sorokin refused to explain the reasons for his absence from the workplace (I enclose the act of refusal).

In connection with the systematic violation of labor discipline by Sorokin, about which there are relevant acts, I ask you to consider the issue of imposing a disciplinary sanction on Makarov I.V. in the form of dismissal.

Head of Sales Department (signature) ____________ Khomyakov V.Yu.

Dismissal and entry in the work book

So, the director of the enterprise received a report and decided to dismiss the violator, about which an order is issued. It is important to understand that the order must contain the following mandatory information:

  • a reference to legislative norms that allow dismissing an employee for absenteeism, namely clause “a” of part 6 of article 81 of the Labor Code of the Russian Federation;
  • a list of all documents-grounds for dismissal (acts, reports, refusal of explanations, etc.);
  • a note on the opinion of the trade union (if there is such a body in the organization).

The dismissal order for absenteeism is subject to mandatory familiarization by the dismissed within 3 days from the date of issuance of such an order. That is, if you are dismissed for absenteeism, the employer is obliged to inform you about this. But even if you refuse to sign the order in the "Familiarized" column, you are still considered dismissed, that is, refusal to familiarize yourself with the order is not a basis for canceling its action.

Order example

JSC "Meridian"

ORDER No. 41-P of 04/03/2016
on termination of the employment contract with the employee (dismissal)

Terminate the employment contract dated August 15, 2001 No. 43, dismiss on April 3, 2016.
Kondratiev Petr Afanasyevich (Table No. 318), Senior Analyst of the Department of Analytics and Financial Monitoring for a one-time gross violation an employee of labor duties - absenteeism, subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation.

Grounds for termination of the employment contract: order "On the application of a disciplinary sanction in the form of dismissal" dated March 20, 2016 No. 24-k

Head of the organization ________________ F.L. Stepantsov
The employee is familiar with the order (instruction) ________ P.A. Kondratiev
04/03/2016

Entry in the workbook

After signing and issuing the order, a corresponding entry is made in the work book of the dismissed person according to the following sample:

Dismissed in connection with a single gross violation by the employee of his labor duties - absenteeism, subparagraph "a" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation.

A completed work book, certified by the signature of the head and the seal of the organization, can be handed over to the dismissed person, or sent by registered mail with notification.

Estimated payments

Upon dismissal due to absenteeism, an employee can count on cash payments in the general manner, namely:

  • receiving a calculation for actually worked days;
  • monetary compensation for days of unused vacation;
  • sick leave payment (if the employee was sick and provided sick leave before dismissal).

In addition, upon dismissal for absenteeism, the employee has the right to compensation for travel and other business expenses incurred before the issuance of the dismissal order. To avoid delays and red tape, the employee should take care in advance to provide advance reports and documents confirming expenses.

Example: Specialist of the financial monitoring department of Znamya JSC Kurchenko G.L. 03/21/2015 fired for absenteeism. Kurchenko's salary for the period 03/01/2015 - 03/21/2015 amounted to 14.380 rubles, including bonuses of 3.740 rubles. In the period from 03/05/2015 to 03/07/2015 Kurchenko was on a business trip to Astrakhan, where he incurred expenses in the amount of 4,120 rubles, about which he provided a corresponding report. Kurchenko also transferred sick leave for the period 03/20/2015 - 03/22/2015 to the accounting department of Znamya JSC. The amount of compensation for sick leave amounted to 3.518 rubles.
On the day of Kurchenko's dismissal, the amount of 14,760 rubles was paid, of which:

  • compensation of expenses for a business trip to Astrakhan - 4.120 rubles;
  • salary minus bonuses that were not paid due to absenteeism - 10.640 rubles;
  • Kurchenko's sick leave was not paid, since his term came later than the date of dismissal.

How to get back to work after being fired for absenteeism

In some cases, you can go to court to challenge the wrongful dismissal and demand reinstatement from the employer. The court will take your side if you can prove that you were absent from work for good reasons. You also have a chance to win a lawsuit if the employer forced you to go to work on a day off and, having received a refusal, issued your absenteeism as absenteeism. Restoration upon dismissal for absenteeism is possible if one of the following facts is established by the court:

  • You did not go to work during your vacation (sick leave, day off);
  • You refused to work overtime, on weekends or outside the schedule;
  • You were offered to change your place of work (settlement, another area, etc.), to which you refused;
  • You have been assigned a job for which you have medical contraindications (harmful production, dangerous working conditions, etc.).

Judicial practice shows that in the above cases, the court, as a rule, is on the side of the employee, and therefore decides on his reinstatement in the workplace, and in some cases even on compensation for the damage caused by the employer.

As you can see, violators of labor discipline are provided with severe punishment. But despite this, if you have evidence of your innocence, you always have the opportunity to defend your legal interests and, if necessary, demand material compensation from the employer for the damage suffered.

The employment contract contains the main duties and rights of the employee in the enterprise. The job description describes them in more detail. A person is introduced to her during employment under a signature. He must know all the criteria for evaluating his own work and fulfill his duties. In order to avoid disagreements with the management on fulfilling the requirements, the worker relies on the instruction until he brings it to automatism. In addition to the instructions for execution, the instruction and the contract contain actions for which the employment relationship with the employee will be terminated. The procedure for dismissal for absenteeism is described in the legislation. Any violation of labor discipline and non-compliance with safety regulations will be the reason for termination of the contract with the worker.

Cases of dismissal and non-dismissal for absenteeism

The contract between the employer and the subordinate determines that absence from work without a good reason is punished by dismissal. If an employee arbitrarily goes on vacation or uses days off, the employer qualifies such arbitrariness as absenteeism. As well as leaving the place of work without reason and warning (both under a fixed-term and indefinite employment contract).

Absenteeism is absenteeism from work all day without a good reason or for more than 4 hours during the day.

Absence from work, or absenteeism, is a disciplinary offense. An employee who commits such an act is liable. After all, he did not fulfill his labor obligations. Dismissal for such an offense is one of the types of disciplinary action.

Walking can be of two types.

Absence from work is not considered to be missing a day for a good reason. These include:

  • traffic accident and traffic jam;
  • caring for a sick relative;
  • visit doctor;
  • utility accident;
  • summons to a court session;
  • being late from a business trip or vacation in bad weather.

A prerequisite: so that such an absence is not counted as absenteeism, document it. Of course, if possible. For example, it is not possible to document a traffic jam. Therefore, the subordinate must independently warn the management for what reason he did not come to work on time.

Housing and communal services may well issue a certificate of an accident, the employee only needs to make a request for it. The medical officer will write out a certificate or prescription and open a sick leave. Thus, the worker will be able to confirm the forced reason for absence from the workplace at the allotted time, and absence from work will not be counted.

When it is impossible to fire a subordinate for absenteeism.

  1. The employee was absent for less than 4 consecutive hours. And also with his presence at work 4 hours a day, but with interruptions.
  2. The employment contract does not specify a workplace or an office, and the presence in another office space lasted 4 hours.
  3. The contract does not fix the length of the working day.
  4. Refusal to enter the workplace is associated with non-payment of wages.

After the official confirmation of the reason for the absence of a subordinate from work, the charge of absenteeism is removed from him. Of course, if there are good reasons for it. When the subordinate does not have a reason and its confirmation, the employer has the right to terminate the employment contract.

Walking procedure

The management of the organization, upon discovering the fact of the absence of a subordinate at the workplace, must comply with the dismissal procedure. First of all, the absence of the worker must be fixed. The fact of absence is recorded in the time sheet. HR Specialist draws up an act of absence from work. Registers the document in the company's internal documentation. Attaches to it the memos of colleagues who discovered and confirmed that the employee was not at work. An employee of the personnel department must make sure that the employee does not belong to the category of workers who cannot be dismissed at the initiative of the organization. For example, such employees would be: a pregnant woman, a minor worker, a worker on vacation or temporarily disabled.

The organization may apply a disciplinary sanction if less than a month has passed since its discovery, excluding vacation and sick leave, as well as the timing of criminal proceedings. It is impossible to collect after six months from the time of discovery of absenteeism.

The next action of the employer is a written notification of the employee explaining the reason for absenteeism. The document is drawn up in two copies, one is transferred to the subordinate, the second remains in the personnel department.

After receiving the notification, the subordinate has two working days to collect supporting documents and present them to the employer. If there is a good reason for absenteeism, the punishment will be a reprimand.

If there is no explanation, the personnel department draws up an appropriate act. The document describes all the circumstances:

  • the guilt of the worker and the severity of the misconduct;
  • pre-event behavior;
  • circumstances of violation of discipline;
  • the attitude of the subordinate to the performance of work duties.

After that, an order is issued to suspend the employment contract with the subordinate. The employee must read the order and put his signature. If this is not possible or the worker refuses to sign the order, they draw up an act or make an entry in the order. The final settlement is made with the worker and an entry is made in the work book. They issue a book and a certificate of income.

Payments to an employee upon dismissal for absenteeism

The employer is obliged to make the final settlement with the subordinate on the day of termination of the contract for failure to appear at work. The payment is made in full, it is not affected by the fault of the employee. The accrual will be for the actually worked days of the month after the last payment of wages. Excluding the day of absence from the workplace. The law allows not to apply bonuses and other incentive payments in the final calculation for absenteeism, but to calculate wages at the base rate.

In addition to the due wages, the employee is credited with vacation compensation - only if he did not use the next one before dismissal. The subordinate has spent all the days of rest - there will be no compensation. If before the formation of the order to dismiss the employee was temporarily disabled or was on a business trip, they will have to be paid by the company on a general basis.

Due to the fact that dismissal for absenteeism is a disciplinary sanction, management cannot simultaneously apply several measures to the guilty employee. This means that it is impossible to reprimand and fire a person, it is impossible to impose a fine and make a dismissal.

Therefore, if the organization has suffered damage due to absenteeism of the worker, it can either apply a fine or dismiss the violator. It is forbidden to terminate the contract and at the same time withhold from wages the damage caused.

Opportunity for the worker to challenge absenteeism

The subordinate is not in all cases able to confirm in time his not unreasonable absence from the workplace. After absenteeism is recorded by the employer, the worker has 2 days to present evidence. The employee attaches all collected documents to the explanatory note. If the stated reasons fully explain and confirm the actions of a person and can be considered as valid, and the organization fires him anyway, the employee has the right to challenge this decision.

There are three instances where a subordinate can apply.

  1. Commission on labor protection in the organization.
  2. State Labor Inspectorate.

You can challenge the decision in the commission before issuing an order for dismissal for absenteeism. Already decision and the formed order, which has entered into force, will be appealed to the inspection and the court. The grounds for applying to the court will be non-compliance with the procedure for registering dismissal and non-recognition of the reason for absenteeism.

An application to the inspection and the court must contain a copy of the employment contract and the act of absenteeism, an explanatory note from the worker and all documents confirming this fact. An explanatory note may include written eyewitness accounts, certificates and other evidence. The subordinate must apply to these authorities no later than a month after fixing absenteeism. Otherwise, the case will remain idle.

You can apply for the restoration of the missed period if there was a good reason: hospitalization, serious illness and other good reasons.

Absenteeism of an employee of the enterprise must be issued in accordance with the current labor legislation. How to prove the absence of an employee at the workplace? What documents need to confirm this fact? You will find answers to these and other questions in our article.

What is considered truancy

According to the Labor Code of the Russian Federation, absenteeism is the absence of an employee from the workplace according to the work schedule without good reason. It is recognized as a gross violation by the employee of labor discipline and the terms of the employment contract with the employer, as well as non-compliance with the rules of internal labor regulations.

And what do modern employers mean by absenteeism? Of course, the failure of employees to come to work on time can cause a lot of trouble for the company's management. And employers often intimidate employees with dismissal for being late for work, delaying after a lunch break, leaving work early, etc. But these situations, as a rule, are not absenteeism.

On the other hand, there is no clear list of good reasons in the Labor Code of the Russian Federation. Our legislators leave this issue to the discretion of the company's management. Apparently, the manager must independently assess the degree of validity of the reasons for absence from the workplace. Good reasons include illness, death of loved ones, natural disasters, road accidents, housing problems that require immediate solutions, etc. Each such absence must be confirmed by a sick leave certificate, a certificate from a medical institution, the traffic police, a housing management company, etc. d.

IMPORTANT! If the employee verbally warned the manager in advance about his absence from work, this will not be considered absenteeism. Especially when this fact can be confirmed by other employees of the enterprise - direct witnesses.

Employee absenteeism can create problems in the organization's activities, including financial ones. For example, a failure in the production process of an enterprise operating on a continuous cycle, an unsigned contract for a major commercial transaction, as a result of which the enterprise could increase revenue, etc.

Important conditions for recognition of absenteeism

In judicial practice, there are cases when truants won lawsuits due to an incorrectly executed and undocumented fact of absenteeism and were reinstated at work. That is why the employer must carefully draw up all documents related to absenteeism. However, you shouldn't do it retrospectively. As practice shows, such facts are provable and the court will take the side of the employee who allowed absenteeism.

In what cases is the absence of an employee at work regarded as absenteeism:

  • In the absence of an employee at the workplace during the entire work shift (even if it lasts less than 4 hours).

If the employee did not have a documented workplace and he was on the territory of the organization, the employer will not be able to give him official absenteeism. Conclusion: assign a workplace to each employee in the employment contract when he starts work.

  • If the employee is absent from the workplace for more than 4 hours.

Moreover, if the employee was absent for exactly 4 hours, such an absence will not be considered absenteeism.

  • Absence from work for unexcused reasons.

Each employee must confirm his absence from the workplace with supporting documents. For example, a sick leave, a subpoena or an inquiry, a certificate from a medical institution and other documents. At the same time, the employer does not have the right to dismiss a pregnant woman who allowed absenteeism.

  • When the fact of absenteeism is proven.

Every walk must be documented. Otherwise, if the employee goes to court, justice will not be on the side of the employer.

Article 81 of the Labor Code of the Russian Federation in 2018

In Art. 81 of the Labor Code of the Russian Federation, namely sub. “a”, paragraph 6, states that in the event of absenteeism, the employer can legally fire the employee. In this case, the conditions mentioned earlier must be met.

But does a manager always have to fire an employee for absenteeism? This article gives him the right to do so, but does not establish such an obligation. Legislators leave the choice to the management of the company. It can issue an employee a reprimand, a remark, or simply leave absenteeism unattended.

In some cases, the dismissal of an employee is possible due to his going on unauthorized leave without warning the management. Each enterprise must draw up an annual vacation schedule. It is communicated to employees. The absence of a schedule is recognized as a violation of labor laws.

But in any case, going on vacation without the consent of the management is a violation of labor discipline, and the employee may be held liable for absenteeism.

You may also find the following articles helpful:

  • “How to arrange a vacation with subsequent dismissal?” ;
  • "Order for annual paid leave - sample and form" .

Sometimes it also happens that absenteeism ends with the desire of an employee to quit of his own free will. An employee writes a letter of resignation and, having not worked for 2 weeks, does not go to work at the appointed time.

If the employer dismisses the employee for absenteeism, he makes a corresponding note in his work book with reference to Art. 81 of the Labor Code of the Russian Federation.

How to prove absenteeism of an employee

The main difficulty in documenting employee absenteeism is to prove the disrespectfulness of the reason for his absence from the workplace. In some cases, the employee cannot inform the manager about his absence from work for objective reasons. For example, it happened emergency situation on the road, an employee was unexpectedly hospitalized in intensive care, etc.

IMPORTANT! You do not need to immediately prepare an order for dismissal or disciplinary action on the day of absenteeism. The main thing is to record the fact of the absence of a person at his workplace in the presence of several witnesses.

To do this, the personnel department must draw up an act on the absence of an employee in any form on the letterhead of the company. It is signed by witnesses who can confirm the situation. In addition, the act should indicate the place of compilation, the date and necessarily the exact time, the full name of the employee who compiled this document, as well as witnesses.

After the act is drawn up and until the reasons for the absence of a potential truant at the workplace (if any) are clarified, the time sheet in the form of T-12 and T-13 is marked “HH” (absence for unexplained reasons). In the future, if the employee submits supporting documents, the “HN” mark is corrected, for example, to “B” (sick leave). If the employee does not have such documents, “PR” (truancy) is affixed.

On our website you can find out the procedure for filling out time sheets, as well as download their forms. See articles:

  • "Unified form T-12 - form and sample" ;
  • "Unified form T-13 - form and sample" .

When an employee appears at the workplace, it is mandatory to take an explanatory note in writing from him about the reasons for absenteeism (in the absence of supporting documents). There are cases when an employee dismissed for absenteeism filed a lawsuit against his employer in court for illegal dismissal and won the lawsuit.

Why can a dismissal be declared illegal if the fact of absenteeism has been proven? The employee may refer to the last paragraph of Art. 192 of the Labor Code of the Russian Federation and the fact that the employer did not even ask about the reasons for absenteeism and did not assess the severity of the misconduct and the circumstances of its commission.

IMPORTANT! In case of absenteeism, be sure to require a written explanation from the employee.

But there are times when employees refuse to give an explanation of the reasons for absenteeism in writing. Then the employer should give the employee a notice of the need to submit an explanatory note against signature. The document must indicate the number of days during which the employee must explain his absence. This is 2 business days (Article 193 of the Labor Code of the Russian Federation).

If the employee refused to receive a notification or did not submit an explanatory note after the specified time, this should also be recorded in an act in the presence of witnesses.

Documentation of employee absenteeism

So, we figured out in which cases the absence of an employee in the workplace is considered absenteeism and how to prove it. And how to document absenteeism of an employee and its consequences?

The final decision on the punishment of the employee for absenteeism is made by the employer. An employee may be held liable for absenteeism in the form of:

  • Layoffs. When dismissed for absenteeism, it is not necessary to draw up 2 orders - on the imposition of a disciplinary sanction and termination of the employment contract. An order to terminate the employment contract is sufficient. As the basis for such an order, memos, acts, explanatory notes from the employee, a time sheet are indicated, that is, documents that prove the fact of absenteeism and justify the dismissal.
  • Disciplinary action. It is issued by order of the head of the institution. This order does not have a unified form, so each enterprise can develop its own sample order. You can take unified forms of other orders as a basis, so as not to forget to indicate all the necessary details in the document. For example, an order in the T-6 form to grant an employee leave.

You can download a sample order in the T-6 form on our website "Unified form of order T-6 - download the form and sample" .

Such an order must reflect the following points:

  • the fact of violation by the employee of labor discipline, that is, absenteeism itself, indicating its date;
  • documents that prove the fact of absenteeism of the employee (memorandums, acts, explanatory notes from the employee, time sheet);
  • type of punishment (consequences of violation): reprimand, remark, deprivation of another bonus, etc.

On our website you can download an example of a disciplinary order form. See article "Order on disciplinary action - sample and form" .

In order to, if necessary, punish an employee for absenteeism, the employer must, when hiring, familiarize him with labor duties (employment contract, job description) and internal labor regulations against personal signature. Then, after the decision to dismiss or disciplinary action is made, if the employee goes to court, there will be more chances that justice will side with the employer.

Results

Absenteeism is the absence of an employee from the workplace for more than 4 hours in accordance with the work schedule. This is a gross violation by the employee of labor discipline, the terms of the employment contract with the employer and the internal labor regulations. To be recognized as absenteeism, a number of conditions must be met:

  • the absence of an employee at the workplace during the entire work shift;
  • the absence of an employee at his workplace for more than 4 hours;
  • absence from work for unexcused reasons;
  • proof of truancy.

In case of absenteeism, the employer must demand from the employee a written explanation of his absence from the workplace. An employee may be held liable for absenteeism in the form of:

  • dismissal, which is formalized by an order to terminate the employment contract with the employee;
  • disciplinary sanction, which is also issued by the relevant order.

Each incorrectly executed document can affect the outcome of the lawsuit not in favor of the employer if the employee goes to court due to illegal dismissal. So all documents must be properly drawn up at the right time and, if necessary, signed by witnesses of this situation.

Employees who persistently violate labor laws can be subject to such a disciplinary measure as dismissal for absenteeism. But in order to avoid litigation on the fact of illegal dismissal, the entire procedure must be formalized in strict accordance with the requirements of the Labor Code of the country. In the article, we will consider a step-by-step procedure for dismissal for absenteeism and cases when an employee cannot be fired for absenteeism.


What is a "trip"?

As you know, no employee has the right not to appear at his workplace without good reason and good reason. According to paragraph 6 of Article 81 of the Labor Code of the country “Termination of an employment contract at the initiative of the employer”, an employment contract can be terminated with an employee even after a single gross violation of his labor duties.

Such a “gross” violation is absenteeism - absence from the workplace without good reason during the entire working day or shift, regardless of its duration, or for more than four hours of the working day in a row. In other words, if the employee did not warn the employer about his absence, does not pick up the phone and has not appeared for more than four hours, then the employer of such a “careless” employee can safely dismiss.

But not everything is as simple as it seems. There are serious legal requirements in terms of documenting the fact of absenteeism and what can be considered a “good reason” for not showing up for work.

In addition to absenteeism, absenteeism is also considered to be outside the workplace in work time more than four hours in a row, that is, unauthorized leaving during the working day, leaving work without a good reason and without notifying the employer about the termination of the employment contract, unauthorized going on vacation, using days off without notifying the employer, etc.

But it is worth remembering that if an employee is absent from the workplace for less than four hours, even for several days in a row, then the employer does not have the right to dismiss him under the article for absenteeism. In relation to such a violator, other disciplinary punishments can be applied, reprimands can be issued, but it will no longer be possible to dismiss under paragraph 6a of Article 81 of the Labor Code of the Russian Federation.

In order to “attract” a truant under the article of the Labor Code of the Russian Federation, it is necessary to confirm the fact that he knows exactly where his workplace is and what time his working day begins. With this information, that is, the internal regulations of the company, the employee must be familiarized with signature, and this information may also be contained either in the employment contract or in job description worker.

That is, if, in fact, the address of the place of work and the time of work of your employee are not “registered” anywhere, and he is, as it were, “not familiar with them”, then again it will not work to dismiss him under the article for absenteeism.


Before dismissing an employee under an article of the Labor Code for gross violation of labor duties, the employer must follow a certain procedure. This is necessary, first of all, because if the employee does not agree with such a decision of his employer - dismissal - he can appeal against it in court.

If an employer dismisses an employee under an article for absenteeism, he, first of all, must protect himself from litigation and do everything according to the rules. Otherwise, if the employee wins in court, the employer will not only have to reinstate him in his position, but also pay monetary compensation for all days of forced absenteeism.

If at least one document is drawn up incorrectly upon dismissal for absenteeism by the employer, the court will always take the side of the employee and restore his rights, even if the employer is in fact right in the situation. It must be remembered that the court in 90% of cases protects the interests of the plaintiff employee.

Dismissal for absenteeism: instructions for the employer

In the case of dismissal of an employee for absenteeism, it is really important to correctly draw up all the documents necessary for dismissal and comply with all formalities. This will help the employer to protect themselves in the event of litigation and prove their case. And, first of all, the employer must be able to prove the fact of absenteeism. Let's take a step-by-step look at the rules that should be followed by an employer who plans to fire an employee under an article for absenteeism.

  1. So, the employee is absent from the workplace for more than four hours, for phone calls does not answer or justifies his absence from work with something unintelligible. First of all, it is necessary to draw up an act on the absence of an employee of the company at the workplace.

    There is no unified form of such an act, which means that it can be drawn up in any form with the obligatory indication of the last name, first name and patronymic of the truant employee, his position, the structural unit of the company in which he works, the date the employee was absent from the place, the duration of his absence, the date and the time of the act.

    To sign the act, thereby confirming the fact of the absence of the employee on the spot, must be at least two witnesses and the compiler himself. The act must also present their data, positions.

  2. On the day the absentee employee arrives at his workplace, the employer must require him to provide a written explanation of his absence. The fact of claiming an explanatory note must also be documented.

    This can be done by drawing up a notice of the request for a written explanation, which is transmitted to the employee. According to the Labor Code of our country, an employee is given two working days to give a written explanation of his absenteeism, giving good reasons for the act.

    Dismissal for absenteeism: important aspects

    In the procedure for dismissal for absenteeism, a number of important formalities must be observed.

    • If the employee skipped a working day and no longer came to the workplace, then it will be impossible to demand an explanation from him. How to proceed in this case? If the employee never showed up, the employer must send him a registered letter or telegram to the place of registration indicated by him with a request to give an explanation for the absence from the workplace on a certain day. The receipt of the letter must remain with the employer. If explanations about the absence from the workplace by the employer are requested by mail, and no answers are received, then you can proceed to the standard procedure for registering absenteeism.
    • If there is no confirmation that the letters and telegrams were received by the employee, then the employer must apply to law enforcement agencies with a statement on the wanted list, and six months later has the right to dismiss the employee as missing.
    • It is possible to dismiss an employee for absenteeism only within a month from the date of the misconduct - such a requirement is provided for by labor legislation.
    • If an employee is absent from work for more than a month, then the employer has the right to issue an order to dismiss him “backdating”, but all formalities must also be observed, acts, reports must be drawn up, and signatures of witnesses must be taken.
    • In the event that the employee went on vacation of his own free will and without receiving a written order from the company's management, the employer must make sure that the employee knows the procedure for granting holidays in the company, and the fact that the employer does not provide leave to his employee must be certified and documented and signed by the employee. If the employee after that does not come to work under the guise of "going on vacation", then absenteeism is issued according to the standard scheme.
    • If an employee has been absent from work for several days, then it is necessary to draw up acts on the absence of an employee of the company at the workplace every day of absenteeism.
    • It is impossible to dismiss an employee under the article for absenteeism if he is on vacation or on sick leave.

    Good and bad reasons for absenteeism

    Depending on the reason for which the employee was absent from the workplace, a decision will be made on his dismissal under the article. The Labor Code of our country does not contain a list of valid and disrespectful reasons for absenteeism, therefore, the employer himself determines the degree of their importance and respect.

    If the reasons for the absence are valid, then it is impossible to dismiss the employee - it will be illegal, and the employer may be held liable for such an action, therefore, determining the degree of validity of the reason for the absence of an employee must be approached sensibly and logically. In the event of litigation, the judges themselves will decide and assess how valid the reasons for the absence of the employee are.

    At the same time, the court will also evaluate the circumstances of the absence, the presence of complaints about the work of a person and the facts of bringing him to disciplinary responsibility, his attitude to the performance of his labor duties and other factors.

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    Valid reasons for absence from work include:

    • Health problems (the fact of absence is confirmed by certificates from medical institutions, records in outpatient cards, disability certificates, primary medical examination documents, etc.);
    • Passing a medical examination in the case when the employee is required to undergo a periodic examination in accordance with the Labor Code of the Russian Federation;