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Dismissal for absenteeism - step by step instructions. Cases of dismissal and non-dismissal for absenteeism

The labor legislation of the Russian Federation provides the employer with a number of tools for regulating relations with employees. One of them is the application of a disciplinary sanction - dismissal - for violation of labor discipline, namely absenteeism. However, the application of this sanction against an employee requires compliance with the procedural order and the legality of the grounds.

We all understand that dismissal "under the article" is not the most humane method.

But if an employee systematically violates the rules of internal work schedule- skips work. And all possible solutions, such as dismissal or, no longer help.

That leaves only 1 option - the dismissal of the employee for absenteeism. Today we will tell you how to do it correctly and legally.

What is a walk?

Sometimes the employer or employee interprets the concept of "truancy" in their own way. For some, this is a failure to appear at work without warning, for others being late, and someone believes that absenteeism is a refusal to do extracurricular work. To resolve disputes, you need to study what the law says. The legal definition of absenteeism is given in Art. 81 of the Labor Code of the Russian Federation.

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

To qualify for absenteeism, the following conditions must be met:

absence of 4 or more hours;
disrespectful reason;
month of misconduct.

Therefore, before dismissing an employee for absenteeism, it should be established that he was really absent from the workplace, correctly determine the period of his absence and the reason why the employee did not come to work or left workplace until the end of the shift.

What is absence from work?

The procedure for dismissal for absenteeism clearly regulates the condition - absence from the workplace. But what is considered a workplace? An office, company territory or a chair on which an employee sits while working?

In this matter, you should first study the job description and the employment contract with the employee, as well as the collective agreement, if any. Additionally, other local acts (orders, instructions, regulations) can be used that determine the “workplace” for a particular employee.

For example, in an instruction or order for a worker, it may be noted that his workplace is a specific number of a machine or workshop. In this case, absenteeism will be considered the time that the employee spent outside the workshop or not at the machine.

If there is no clear concept of what is considered a workplace in local acts or an employment agreement, then Art. 209 of the Labor Code of the Russian Federation, which determines that the workplace is the territory where the employee needs to arrive to perform the assigned functions. That is, the entire territory of the company.

Time away from work

The law gives the employer the right to dismiss an employee for absenteeism if the employee has been absent for 4 or more hours. It means that, if an absence of exactly 4 hours or less is recorded, then you cannot be fired for absenteeism. Yes, you can apply other disciplinary measures, such as a reprimand, but not dismissal. Having information on how to fire a person for absenteeism, employees sometimes use this four-hour period, which does not allow them to consider absence as absenteeism.

How is time off work calculated?

Further, during the period of absence, the lunch break is not included. Reason - art. 108 of the Labor Code of the Russian Federation, excluding the duration of the break from working time. Therefore, if, for example, an employee came to work at 14:20, but was supposed to be at 10:00, while the break is set from 13:00 to 14:00, then this act will not be considered absenteeism, since the employee was absent only 3 hours 20 minutes.

The Labor Code of the Russian Federation allows you to take into account and summarize all periods when the employee was not on site, but only within one shift or day, depending on the established schedule. That is, you cannot sum up periods of absence over several days or shifts.

1 o'clock in the morning;
1 hour 10 minutes after lunch;
2 hours at the end of the shift.

Total for the whole day will be missed 4 hours 10 minutes. This can be qualified as absenteeism, subject to other procedural requirements.

Good reasons for absenteeism

The legislator for the current year 2019 does not define in any article of the Labor Code what are valid reasons for absenteeism. It is believed that this fact must be established within the framework of the proceedings, that is, separately in each individual case. In practice, a valid basis is one that did not arise at the will of the employee.

That is, they recognize as respectful:

employee illness;
illness (death) of a close relative;
emergencies;
road accidents or incidents;
housing and communal accidents;
other.

Of course, good reasons for absenteeism must be documented or otherwise confirmed, for example, by the testimony of witnesses. Documents must be certified in a general manner. For example, get a medical certificate, a copy of the accident report.

The law also does not consider absence of an employee with the knowledge of the manager to be absenteeism. That is, if the employee "was asked for leave", then this is not absenteeism. But, as with other reasons, the fact of management permission must be proven.

Oral permission alone is not enough, because it will be impossible to prove it. In practice, the employer can take advantage of this "loophole". Therefore, it is important to know what is absenteeism without good reason, absence from the workplace even with the permission of the head, if there is no written confirmation of permission.

Step-by-step procedure for dismissal for absenteeism

The step-by-step instruction for dismissal for absenteeism provides for the following procedure for going through all the stages: from committing a misconduct - absenteeism - to the final entry in the work book.

It is important to comply with all procedural formalities in order to avoid litigation. After all, if the procedure for actions and paperwork is violated, then the dismissal can be declared illegal in court, the employee can be reinstated, and the employer is required to pay compensation.

So the procedure for how to properly dismiss an employee for absenteeism:

Document the fact of the commission of absenteeism. This can be done by composing the employee's absences. The act is drawn up in the presence of witnesses (2-3 people). It is also permissible if the immediate supervisor submits a report on the commission of a misconduct by subordinates to higher authorities.
. An explanatory note is drawn up only in writing. Oral explanations are not suitable. Deadline - 2 days.
Based on the results, either an internal investigation is closed, or an act is drawn up. Also, in the absence of explanations from the employee within 2 days, an appropriate one is drawn up (Article 193 of the Labor Code of the Russian Federation).
A decision is made to apply the penalty. The right to dismiss for absenteeism is not an obligation, that is, the employer may not dismiss the employee, but apply a different type of penalty.
A dismissal order is being prepared.
Familiarize the employee with the order.
Document the dismissal with an entry in the work book.

The nuances of actions during a long absence

Particular attention deserves the situation when a long absence is made. When dismissed for a long absence step-by-step instruction almost the same as with the usual, that is, discrepancies:

Fix the absence: compose , enter data into .
Compose about the need to appear and provide explanations.
Send a notice to an employee at a known postal address.
After receiving notification of delivery, wait 2 days + the period required for the delivery of correspondence.
In case of failure to provide explanations and confirmation of the fact of receipt of the notification, draw up an act.
Take action to find out the reasons for the absence if the notification has not been received. This step is optional, but recommended to avoid problems in a possible lawsuit after. You can make calls to the relatives of the employee, get their testimony.
Write about the activities carried out, recording the information received. Optional.
Design .
Draw up an act on the impossibility of familiarizing the employee with the order.
Enter the information in the work book.
Perform payment settlement.
Send a notice to the employee about the need to obtain a work book.

Due to the fact that the law establishes a period for disciplinary punishment of 1 month, it is necessary to carry out all actions as quickly as possible. Given that letters are returned to the sender after a month of storage, we recommend sending a telegram asking for clarification.

It would also be reasonable to draw up daily acts on the absence of an employee during the entire period of absenteeism, or fix this in another accessible way, for example, by making notes in the arrival and departure log, in order to follow the procedure for dismissal for absenteeism without a good reason.

Registration of procedural papers

The first document that needs to be prepared is confirmation of the fact of absence. The most common option is to draw up an act, although a report can also be used, based on the results of which an internal investigation is opened. After requesting an explanatory note, you must wait two business days. Immediately on the day of absenteeism, it is impossible to issue an order to dismiss a sample for absenteeism and terminate the employment contract.

As part of the investigation, it may be decided to carry out dismissal for absenteeism without good cause if the employee refused to provide an explanation why he was absent. Or he did not confirm the documented reason, even if he considers it valid. This should be documented.

date of dismissal

If there is a dismissal for absenteeism, then what day to dismiss? Difficult question. To make a decision, one must be guided by Art. 84.1 of the Labor Code of the Russian Federation. According to its content, the last working day of the employee is the date of his dismissal, if for other reasons there was no place for him. In the case of absenteeism, the last day when the employee worked is the day preceding the day of absenteeism, provided that a good reason has not been confirmed.

Therefore, if the absenteeism was one-time and the employee subsequently appeared and gave explanations that were regarded as a disrespectful reason, the date of dismissal and the dismissal order for absenteeism will correspond to the day the explanatory note was received. if absenteeism is of a long nature, the daily absences of the employee are confirmed by acts and time sheets, and explanations have not been received, then dismissal is allowed on the last working day. However, there will be no violation and dismissal, dated the day the final act was drawn up on the lack of explanations.

Registration of a work book

Entering data into the work book is the final stage of dismissal. If you don’t know or are not sure under which article they are dismissed for absenteeism, then article 81 of the Labor Code of the Russian Federation regulates dismissal for absenteeism. Information is entered into the employee's work book on the basis of an order. The registration data of the order itself is written in the column "Name and date of the document". Sample entry in the labor on dismissal for absenteeism:

First, the number of the serial record is indicated, the deadline is not missed. Next, the date of entering information is prescribed, which must coincide with the date of dismissal and the issuance of the order. Further, it is indicated in words in the labor record about dismissal for absenteeism (). After that, the signature and the name of the position of the responsible person are affixed. The record is certified by the seal of the company.

Sometimes the employer may terminate the contract and dismiss not for absenteeism, but if the employee is recognized as dead or missing. This requires a court decision (here in detail about), fixing this fact. The employer can initiate the process himself, or another interested person, for example, a relative, will file a claim.

The workbook entry will look like this:

Special cases of dismissal for absenteeism

Not every absence from work is regarded as absenteeism, even if it has almost all the signs. For example, it will not be considered absenteeism if the employee does not wish to go to work on a non-working day for himself. However, there are exceptions to this rule, the same as for recall from vacation. It is acceptable to involve employees to work on a day off if this is required for recovery after accidents or emergencies.

Dismissal and sick leave

It is unacceptable to carry out a dismissal if an employee is ill. If the employee was hastily fired for absenteeism, and he brought sick leave in the form of an explanation of the reason, then such an employee must be reinstated, since the dismissal is unlawful. However, if the fact of hiding the disease and the presence of sick leave was established, then during the trial the court may take the side of the employer, believing that the employee is abusing his rights and infringing on the rights of the employer (Resolution of the Supreme Court of the Russian Federation).

In the lawsuits, citizens explain the situation as follows: “I was fired for absenteeism while I was on sick leave.” As proof, they provide a certificate of incapacity for work. This is not enough, it is necessary to prove that the employer was notified that the employee fell ill. Moreover, a citizen may be denied satisfaction of the claim if he refused to give explanations. Of course, if he could do it for objective reasons.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

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 instructions 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 consecutive hours 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:

Reinstatement as a citizen.
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.

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.
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 the violation employment contract, and not before.

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

The absence of an employee at the workplace can be caused by various reasons: from illness, departure or accident to banal absenteeism. Sometimes citizens, having left or changed their place of work, forget to inform the employer about it, without even taking their work book from the personnel department. When the reason for absenteeism is unknown, the employer should scrupulously adhere to the requirements Labor Code RF describing the procedure for terminating an employment contract with such an employee so as not to lose a litigation if it arises.

What is truancy

Absenteeism is the absence from the workplace without good reason from 4 hours in a row to the whole working day or shift. Absence from work is regarded as a violation of labor discipline, as it creates an obstacle to the work process or makes it completely unexecutable.

According to current legislation ( Article 81 of the Labor Code Russian Federation ), the following situations are considered absenteeism:

absence not caused by a valid reason, when the employer was not notified in advance;
the delay exceeded four hours without a significant reason.

There are some factors according to which the absence of a citizen at work is not gross violation labor discipline:

the employee received the necessary first aid or medical care;
the employee has taken sick leave for, or another disabled family member;
the citizen was forced to testify, participated in the trial, became a participant or witness to a traffic accident.

IMPORTANT! If there is a valid reason for non-attendance, the employee must provide documentary evidence.

Grounds for dismissal for absenteeism

For absence from work without a sane reason, the most severe disciplinary sanction is provided - dismissal for absenteeism, according to Article 192 of the Labor Code of the Russian Federation. If we are talking about a long absenteeism, absenteeism for a week, several weeks, a month, etc. a strict penalty is applied - termination of the employment contract in accordance with subparagraph "a" of paragraph 6 of the first part of article of the Labor Code of the Russian Federation No. 81, i.e. at the initiative of the enterprise.

In the case of classic (short-term) absenteeism, management usually does not know where the employee is. This happens, for example, when a citizen missed one day, but then nevertheless showed up at work, or when he did not show up for work, but was in touch and was able to explain what was happening by phone, through relatives or colleagues.

In this case, he will have to draw up a written explanation, as stated article of the Labor Code of the Russian Federation No. 193. When 2 working days have passed, and an explanatory note has not been provided, an act is required that fixes this situation.

Refusal to provide explanations about the fact of absence from work must be recorded in an act with the signatures of those who were at work. It is also necessary to collect other evidence of the employee’s absence from the workplace for no reason: this may be evidence of witnesses, a memorandum of his supervisor, extracts from the register at the checkpoint.

If the reasons for the absence presented by the employee in a written explanation do not seem significant to the employer, or the truant refuses to provide explanations, the manager has every right to decide on dismissal. It is issued by an order for the imposition of a disciplinary sanction.

The employee must sign the document as a sign that he is familiar with it, no later than three working days from the date of issuance of the order, not counting the period of his absence from the workplace. Refusal to familiarize is also documented by the relevant act.

If the employee does not get in touch, does not respond to phone calls and it is difficult to get an explanation from him about his absence from work, this is considered a long absenteeism. In such cases, the employer has the right to demand an explanation from the employee by sending him a letter or telegram to the address of registration or actual residence (as indicated in the employment contract).

It is recommended to send valuable letter with listing of attachments and notification of delivery. The time for providing explanations is counted from the date of receipt of the letter, but a few days should be added to this period so that the employee has the opportunity to provide an explanatory letter in response.

ADVICE! If more than two working days have passed, and a written explanation has not been received, it is necessary to draw up an act of non-receipt of explanations from the employee. It is signed by the personnel service, the immediate supervisor of the truant, as well as his colleagues present at the workplace.

Acts of absence from the workplace are drawn up daily, day to day, otherwise, in the event of labor disputes, the absence of such papers will be recognized as a violation by the employer, and the dismissal will be considered illegal.

If the employee received a letter (judging by the note on the notification), but did not appear at the workplace, did not provide an explanation of the reason for absenteeism, a decision is made to dismiss. Then the terms of dismissal will be determined, and the employment contract will be terminated. In this case, the culprit is sent a written notice of dismissal. At the same time, he retains the right to receive a salary for the period worked and compensation for unused vacation.

In what cases can not be fired

Guided by the articles of the Labor Code of the Russian Federation and the generally accepted practice of personnel records, the following valid reasons for absence from the workplace are distinguished:

disability;
the presence of public duties assigned to the employee by a public authority;
donation;
arrest;
weather emergency;
lack of timely payment of wages for a period of more than 15 days, in the presence of a written refusal received from the employee to the employer;
strike.

All these facts must be recorded by the relevant documents:

certificate of blood donation as a donor;
court summons or certificate of arrest;
a certificate from the traffic police;
comment;
rebuke.

ATTENTION! Based on the article Labor Code of the Russian Federation 261 dismissal of pregnant women is prohibited. In this case, you need to follow article 192, which provides for disciplinary sanctions that are permissible for use in relation to this category of employees.

The fact that a pregnant woman cannot be fired for absenteeism does not negate her compliance with the internal labor regulations and the occurrence of consequences as a result of violation of labor discipline. If long absenteeism is repeated, then the terms for breaking off labor relations will be postponed to.

Step-by-step instructions for dismissing an employee for absenteeism

The procedure for dismissal for absenteeism should be carried out in several steps. The correct registration of absenteeism will protect the employer from possible claims of the truant, the trade union and other authorities that protect the rights of workers, as well as in the event of a lawsuit.

Act preparation

If a decision is made to dismiss an employee, then absenteeism at work must be documented and properly executed. The supporting facts are:

time sheet;
a certificate of absence from work signed by other employees and services;
written notice reminding you to return to work.

The text of the act, fixing the absence of a person from work, must contain the date, time and exact interval of absence, as an assurance, the signatures of at least three witnesses are put. For 1 absenteeism - 1 act, i.e. in the absence of an employee for several days, an act is drawn up daily. When issued after a while, the document will be invalidated.

After the employee returns to the enterprise, he must justify his absence, arguing it with documents, within two days. If this condition is not met, an act on the absence of written explanations is created. A memorandum is drawn up in the name of the head, an explanatory note should be attached to it.

sample order

To issue an order to terminate an employment contract, you can take as a basis the unified form of the order on the absence of an employee. The following information is reflected in the dismissal order.

Dismissal for absenteeism- a frequent phenomenon, but requiring careful observance of all the norms established for this procedure. Consider the sequence of registration of dismissal for absenteeism.

What Article 81 of the Labor Code of the Russian Federation considers absenteeism

In Art. 81 of the Labor Code of the Russian Federation, which describes cases of termination of an employment contract at the initiative of the employer, is devoted to absenteeism sub. “a”, paragraph 6. Absenteeism is one of the situations of a gross one-time violation of labor duties, expressed in the absence of an employee at the workplace without a good reason for more than 4 hours in a row or during the working day or shift. Dismissal - one of the types of punishment for a disciplinary offense (Article 192 of the Labor Code of the Russian Federation), which is considered absenteeism - is used as a last resort.

The manager can, taking into account the specific situation and the merits of the employee, decide on a different punishment for him (for example, apply a remark or reprimand).

Read about how you can remove the punishment in the material. .

To apply the punishment in the form of dismissal for absenteeism, it is necessary that:

the employee did not belong to the category of persons not subject to dismissal (these are pregnant women, as well as persons on sick leave or on vacation);
the fact of absence from the workplace was documented and fit into the duration established by the Labor Code of the Russian Federation; what kind of place for an employee is a worker should be fixed in the employment contract;
the reason for the absence was not valid or had no documentary evidence;
the entire necessary procedure for dismissal was observed, including the terms for applying this punishment (Article 193 of the Labor Code of the Russian Federation): until the expiration of a month from the date of establishing the fact of absenteeism, but no later than six months from the date of its commission (minus the time spent on sick leave, in vacation, time off, or time of involvement in a criminal case).

Failure to comply with any of the above provisions may result in the recognition of dismissal for absenteeism as illegal in court if the employee applies there.

The procedure for dismissal for absenteeism

Walks can be divided into 2 groups:

short-term - it is possible to establish all the circumstances of the misconduct within a short period of time;
long-term - it is impossible to quickly find out what happened to an employee who has committed absenteeism.

The division into these groups determines a different approach to the procedure for dismissal for absenteeism, subject to general requirements. Let us reflect in the table the features of the stages of dismissal, depending on their belonging to one of the groups. This description can be followed as a step-by-step instruction for dismissal for absenteeism in 2017.

	short-term absenteeism	long-term absenteeism
The employee is absent from the workplace for more than the allotted time for an unknown reason	For each fact or day of absence, an act or a memorandum of the head of the department on the absence of the employee is drawn up. Note the fact of absence for an unexplained reason in the time sheet
Getting an explanation	The employee is given a written request for an explanation and is given 2 working days to compile it. In case of refusal to provide an explanation, an act of such refusal is drawn up	The employer is trying to independently find out the reasons for the absence of the employee by calling him or his relatives, sending letters or telegrams with notification to the registration address, filing a complaint with the police
Consideration of reasons for absence	There are no explanations, they are disrespectful or not documented. A memorandum is drawn up addressed to the head of the organization, which reflects the fact of establishing a violation	The reason for the absence could not be ascertained. Draw up an act on the futility of its clarification
Making a decision to leave	Based on the decision of the head, an order is issued in the form T-8 or T-8a (if a group of people skipped), in which subparagraph is indicated as the basis for dismissal. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, and as substantiating documents, all documents drawn up when fixing the fact of absenteeism and receiving explanations on it are listed
Date of the notice of dismissal	Day of actual compilation	The order is drawn up by the date of its actual compilation, but the very fact of dismissal in it corresponds to the date of the last working day before the first day of lasting absenteeism (letter of the Federal Service for Labor and Employment of the Russian Federation dated July 11, 2006 No. 1074-6-1)
Familiarization of the dismissed employee with the order	Against receipt within 3 working days from the date of execution of the order. In case of refusal, they draw up an act about this circumstance (Article 193 of the Labor Code of the Russian Federation)	In the absence of an employee about the impossibility of notifying him, an appropriate entry is made in the order (Article 84.1 of the Labor Code of the Russian Federation). A copy of the order can be sent to the employee by letter to the address of his registration
Calculation of severance	It is done completely in the usual manner on the last business day with the issuance of all necessary certificates (Article 84.1 of the Labor Code of the Russian Federation)	The accrual of payments is done in full in the usual manner on the last business day. The issuance of money on this day is carried out if it is possible to transfer them to the card. If it is impossible to extradite the employee, a written notification is sent about the need to appear for money
Issuance of a work book	On the day of dismissal with the signature of the employee in the personal card, the work book and in the work book itself. In case of refusal to receive a work book, an act is drawn up about this	The employee is sent a written notice of the need to appear for a work book or inform in writing of consent to send it by mail (Article 84.1 of the Labor Code of the Russian Federation)

About the features of compiling different types Read the timesheets in:

All documents (acts, notices, letters, memorandums, explanations) drawn up in the process of dismissal for absenteeism are drawn up in any form and recorded in the relevant registers. The acts must be signed by at least 3 persons who were present when the employee refused to draw up, receive the document or sign it.

Dismissal for absenteeism does not require the issuance of other orders, except for an order for dismissal in the established form T-8 or T-8a (ruling of the Supreme Court of the Russian Federation dated November 9, 2012 No. 2011 No. 1493-6-1).

When dismissing for absenteeism, the employer, as well as during a regular dismissal, is obliged to report this fact:

to the military registration and enlistment office, if an employee subject to military registration is dismissed;
The Federal Bailiff Service (FSSP) upon dismissal of an employee from whose salary deductions were made on a writ of execution. At the same time, the writ of execution is returned to the FSSP with a note in it about deductions made during the period of work. If alimony was paid according to this document, then the recipient of the alimony is also informed about the dismissal.

Where to find samples of personnel documents on absenteeism

Most of the documents that draw up dismissal for absenteeism are drawn up in an arbitrary (free) form. Therefore, it is important to reflect the essence of the recorded circumstance in them, correctly indicate the dates and time intervals, the data of the missing person, affix the necessary signatures and record the fact of registration of the drawn up document.

For information on how to draw up an act if the employee refuses to explain, read the material .

The only document that, upon dismissal for absenteeism, is done in the prescribed form is an order for dismissal. However, the form used for this is no different from a regular dismissal order. The differences consist only in references to the article numbers of the Labor Code of the Russian Federation as a basis for dismissal and in the list of documents justifying the creation of the order.

The employment contract contains the main duties and rights of the employee in the enterprise. Describes them in more detail job description. 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.

The employee was absent for less than 4 consecutive hours. And also with his presence at work 4 hours a day, but with interruptions.
The employment contract does not specify a workplace or an office, and the presence in another office space lasted 4 hours.
The contract does not fix the length of the working day.
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.

Commission on labor protection in the organization.
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.