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The procedure for dismissal of an employee for absenteeism. Documentation of employee 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 - 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 exculpatory 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 us briefly describe each of the stages of step-by-step dismissal for absenteeism:

  • 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.
  • Determined that good reasons the walker does not. 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 addressed to 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.
Kondratyev Petr Afanasyevich (Table No. 318), senior expert-analyst of the department of analytics and financial monitoring for a single gross violation of labor duties by an employee - 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.

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, not always absence from the workplace is considered absenteeism. Therefore, employers may have some problems with the implementation of ideas. Also, dismissal is not the only way to punish a negligent employee. It turns out that absenteeism does not in all cases entail deprivation of the workplace. What should an employer know about this procedure? How to properly prepare for the dismissal of a truant?

Definition of absenteeism

The first step that needs to be taken is to establish the fact that the subordinate just skipped a working day. To do this is very problematic. 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 the workplace without good reason. Even if it's the first pass. The main problem is that absenteeism has an ambiguous definition. And if the employer could not establish the fact of illegal skipping of the working day without good reason, no dismissal can take place. This is the main problem that employers face.

So what is a walk? This is the absence of an employee at the workplace for more than 4 hours in a row. At the same time, the Labor Code emphasizes that a subordinate should not have good 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 are there problems? There are no clear definitions in the Labor Code when the absence of a working day or shift is considered to be missed for good reasons. But such events 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;
  • detention of an employee (for example, arrest);
  • emergencies resulting in absence from work and transport problems;
  • salary delay for a period exceeding 15 days;
  • conducting emergency services that require access to the employee's home.

It can be seen that respectful absence from the workplace 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 figure out how valid the reason for the absence of a subordinate in the workplace was. What other actions should the boss take to implement the task?

Act of offense

How to fire an employee for absenteeism? Step-by-step instruction will help figure this out. The main important points have already been considered - this is the definition of absenteeism and good reasons for absence. An error in deciding whether to dismiss a subordinate may result in the liability of the employer.

If you are sure that your employee is just skipping work, be sure to fix the offense. deeds. Its confirmation must be any evidence of the absence of a citizen at work for more than 4 hours continuously. Remember, up to this point, absenteeism does not take place.

Also, notes of colleagues, videos and other sources of information that record when personnel stay and leave the company can serve as evidence of the absence of a subordinate at work.

Checking the possibility of dismissal

What to do next to properly issue a dismissal for absenteeism? The step-by-step procedure indicates that after drawing up an act on skipping a working day (shift), as well as collecting evidence, the employer must check whether his actions are legal.

In some cases, it is impossible to dismiss citizens on the personal initiative of the employer. Then, for absenteeism, an employee cannot be deprived of work. For example, the Labor Code prohibits the dismissal of pregnant women. The employer, under no pretext of his own free will, is not able to deprive an employee of a position of work. Unless at liquidation of the enterprise dismissal takes place.

Disciplinary sanctions

The next step is not provided for all employers, but only for those who provide for disciplinary sanctions for violations of an 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 the payment later than six months from the moment of absenteeism.

Explanatory

Before the immediate execution of the 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 a 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 the absence of a working day is really considered absenteeism. If so, you can proceed to the next step. Not? Then you have no right to fire a subordinate. If the staff in this case go to court, the law enforcement authorities will not be on your side.

If the employee does not provide his own within 2 days from the date of the request for the document, the employer is obliged to draw up an act on this. In the event of litigation, this 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 compile it only after you study 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 of issuing the document. This restriction also applies to cases when the staff member is temporarily unable to work. 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 a complete suspension from work. The dismissal is prescribed under subparagraph "a" of paragraph 6. This is a mandatory step. Further, the dismissal order is registered by personnel.

Familiarization

Documentation of the dismissal of an employee for absenteeism is almost completed. The main part is over. Now it's up to the little 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 about the punishment applied.

Of course, "according to the article" few people will agree to quit. If the employer seriously intends to refuse the frame, 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 of familiarization of the subordinate with the document. For example, make a video. It may be required if the employee decides to go to court to complain of wrongful suspension 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 issue a dismissal for absenteeism? The step-by-step procedure (scheme) indicates that the employer must necessarily pay the employee for the hours worked. If this point is neglected, you can prepare for responsibility.

The employer must prepare and provide a note-calculation to the subordinate. With her, the frame is sent to the accounting department in order to receive the required funds for the time worked earlier.

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 settlement to the accounting department.

Employment book and card

How to fire an employee for absenteeism correctly? After making a calculation with a subordinate, it is necessary to make the appropriate marks in the work book of the frame, as well as in his personal card. The reason for the dismissal must be stated. It must be exactly the same as on the order issued earlier.

The dismissed person must sign on the personal card that the changes have been made, he is aware of this act. If the employee refuses to sign, an act is drawn up about this. You can do without it, but in the event of litigation, any documents can help the employer prove their innocence and the legality of actions.

The next step is to create a slave. This item is optional. Many employers simply skip it. After all, dismissal under the "article" is a potentially problematic situation. It spoils all the statistics and has a negative impact on the reputation of the employer. Therefore, you can simply give the work book to the dismissed frame.

By the way, the employer is obliged to return this document to the subordinate. Even if the employee generally owes the company. No one has the right to keep the work books of the dismissed.

How to get fired for absenteeism? The step-by-step procedure must be fully followed. Only in this way can the employer protect himself. Often there are situations in which the dismissed person does not want to pick up the work book. In this case, it is necessary to send a notification to the employee by registered mail, stating that the frame should pick up the "labor". It is also recommended that if an employee refuses a book, draw up an act on this incident.

If there is no resistance, the cadre receives a "labor", after which he signs in a special journal for recording the movements of work books of subordinates at the enterprise. Thus, the fact of receipt of the document is confirmed.

income statement

It's all. Now it is clear how the dismissal for absenteeism occurs. The instruction for this procedure provides for one more point. It is optional, but if you implement it, you can not worry that you will still run into a truant.

It is recommended that by the time of registration of dismissal under the "article" for absenteeism, issue a certificate of income to the subordinate in the form of 2-NDFL. By law, an employee has the right to demand this document from the employer at any time.

Please note that the judiciary usually defends 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 can not worry that the process of removing an employee will be violated.

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 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 recorded. 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.

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 them their job responsibilities.

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 an 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 absentee worker, 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 for 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 an explanation of the absence from the workplace by the employer is 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 responsible 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;

Dismissal for absenteeism (subclause "a", clause 6, part 1, article 81 of the Labor Code of the Russian Federation): an approximate step-by-step procedure

DISMISSAL FOR AWAY:

EXAMPLE STEP-BY-STEP PROCEDURE



According to paragraphs. "a" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, absenteeism is absence from the workplace without good reason throughout the working day (shift), regardless of its (its) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts). The employment contract may be terminated by the employer in cases of a single gross violation by the employee of labor duties - absenteeism.

Dismissal for absenteeism is a disciplinary sanction, therefore, when processing this dismissal, both the general requirements of the law regarding dismissals and the requirements regarding disciplinary sanctions should be taken into account.


1. Fixing the fact of the absence of an employee at work.

The main document for fixing working time (attendance/non-attendance) is the time sheet.

Also, for additional confirmation of the fact of the absence of an employee at work, in practice, an act is drawn up on the absence of an employee at work, reports are submitted by employees who have discovered the absence of a colleague.

These documents are registered in the manner prescribed by the employer, for example, in the relevant registration / accounting journals.


2. It is checked whether the employee belongs to the category of employees who are prohibited from being fired at the initiative of the employer.

Yes, following step-by-step procedure for dismissal for absenteeism, note - according to Art. 261 The Labor Code of the Russian Federation does not allow termination of an employment contract at the initiative of an employer with pregnant women, except in cases of liquidation of an organization or termination of activity by an individual entrepreneur.


3. The deadlines set for the application of a disciplinary sanction are checked.

If the employee refuses to familiarize himself with the order to terminate the employment contract, in this case it is necessary to draw up an act (part 6 of article 193 of the Labor Code of the Russian Federation). The act is registered in the manner prescribed by the employer in the appropriate registration log.


9. Making a note-calculation upon termination (termination) of an employment contract with an employee (dismissal).


10. Settlement with the employee.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute over the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article (Article 140 of the Labor Code of the Russian Federation).

According to Art. 127 of the Labor Code of the Russian Federation upon dismissal, the employee is paid monetary compensation for all unused vacations.

11. Registration of an entry on the termination of the employment contract in the work book and personal card. The employee certifies these records with his signature in the prescribed manner.

According to clause 12 of the "Rules for maintaining and storing work books, preparing work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books", with each entry made in the work book about the work performed, translation for another permanent job and dismissal, the employer is obliged to familiarize its owner against the signature in his personal card, in which the entry made in the work book is repeated. The form of a personal card is approved by the Federal State Statistics Service.

12. Making a copy of the work book dismissed employee for the archive of the employer.


13. Issuance of a work book to an employee on his last working day.

In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. Notifications are registered in the manner prescribed by the employer, for example, in the register of notifications and offers to employees. At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

14. Confirmation of the fact of issuing a work book to an employee. The employee confirms with his signature the fact of receiving his work book in the book of accounting for the movement of work books and inserts in them. The form of this book was approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69 "On approval of the Instructions for filling out work books."

15. Issuance of a certificate/certificates on the amount of earnings(clause 3, part 2, article 4.1 of the Federal Law of December 29, 2006 N 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”).


If the employee refuses to receive the notification, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the compiler and the employees who were present at the refusal, and send the notification to the employee's home address by letter with the notification and description of the attachment. The act is registered in the manner prescribed by the employer in the appropriate registration log.

See the step-by-step procedure for bringing an employee to disciplinary responsibility (announcement of a remark or reprimand).

In the event of an employee's refusal to receive a work book, it is advisable to draw up an act on the employee's refusal to receive a work book. The act is signed by the compiler and employees who were present at the refusal. The law does not require the drawing up of such an act, but it can be useful as evidence of the innocence of the employer if a dispute arises upon dismissal and the case goes to court. The act is registered in the manner prescribed by the employer in the appropriate registration log.

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