Dismissal for absenteeism: step by step instructions. Sample order "Reprimand for absenteeism"

Many employers go to any lengths to get rid of so-called unnecessary people. At the same time, they forget that non-compliance with the procedure for dismissal for the same absenteeism may lead to litigation and reinstatement of the employee.

Indeed, one of the most common violations is absenteeism. Therefore, it is very important for the administration of the enterprise to know the features of the entire procedure.

Concept and types

The term absenteeism in the Labor Code of the Russian Federation is interpreted as an unreasonable absence from the workplace for 4 or more hours. It refers to situations where the employee did not appear at the place of work or left it without permission, without the consent of the management. The fact of absence is necessarily confirmed by eyewitness accounts drawn up in writing.

Types of absenteeism are divided into two categories:

• The main one, that is, when the employee is absent, but the employer can still contact him and knows why he did not come and when he will appear at the workplace. In such situations, the reason is usually good.
• Prolonged absence. In such a situation, the employee cannot be contacted, and he may not be at work for several days or even weeks. These are the most difficult cases for dismissal and punishment for absenteeism.

"Legal" walking

Reasons for absenteeism can be valid. A person cannot be fired if he provided medical assistance to another person, he applied for it himself. This does not necessarily mean that force majeure or an emergency situation has occurred. In this case, even calling an ambulance for an outsider and waiting for doctors is equated to providing assistance. However, you should play it safe and ask for a supporting document from doctors.

Absence from the workplace due to the need to participate in investigative measures, interrogations or court proceedings also cannot be interpreted as absenteeism without good reason. As a rule, in such cases, a person has a subpoena or court order, which indicates the date, address and time of arrival. If he does not have such a document, then he needs to request a certificate that confirms the reason for the absence from the workplace. For example, an employee can become a participant, a witness to an accident. Or he is detained until the identity is clarified. The main thing is that the date and time in the certificate coincide with the period of absence from the workplace.

It cannot be interpreted as absence from the workplace without a good reason for refusing "free" work. The legislation clearly sets the deadlines for payment. If the employer delays payment for more than 15 days, then the employee has the right not to perform his job duties, but on one condition. The employee is obliged to inform the employer of his decision by submitting an appropriate application. In this case, it will be impossible to accuse him of absenteeism. In this case, if the case goes to court, then the employee who has a copy of the application with a note of acceptance by the enterprise administration in his hands will be able to prove that refusal to work is forced absenteeism.

It is impossible to recognize absenteeism and refusal to perform work in dangerous or harmful conditions, if this is not stipulated by the employment contract. An employee is not obliged to start work that clearly poses a threat to his life or health. Absence from work in this case can be regarded by the court as forced absenteeism.

When can you not be fired for absenteeism?

It is impossible to fire a pregnant woman, even if she often does not consider it necessary to come to work. Other disciplinary measures may be imposed on her.

It cannot be recognized as absent from the workplace without a good reason if the employee refused to leave the vacation ahead of schedule. A day of rest after donating blood or its components is not recognized as absenteeism, even if the employer refused to provide it.

Employer actions

Before issuing an order to reprimand for absenteeism, the employer must follow a certain procedure:

• Draw up an act of absenteeism. This step may be preceded by the immediate supervisor of the truant if the structure of the enterprise is large.
• Get an explanation from the truant and establish the reasons. If the employee refuses to explain the reasons for absenteeism, especially in writing, then an act must be drawn up about this. The HR department or the immediate supervisor of the truant can deal with the request for an explanation, again depending on the structure. If the procedure is entrusted to the head of the structural unit, then he draws up a memorandum addressed to the top management about the proposed disciplinary measures and the explanations received.
• Issue of disciplinary action. This may be a sample order for a reprimand for absenteeism, a fine or dismissal.

Act

To confirm the absence of an employee at the workplace, the employer must draw up an act. The form of such a document is not provided for by any regulatory act, therefore it is drawn up in free form. At the same time, an act on the absence of an employee in the workplace is mandatory drawn up and signed by members of a specially appointed commission. It must contain the following information:

• About the whereabouts of the truant. If it was not possible to install it, then the activities that were carried out to find an employee are prescribed.
• The exact date and time the employee was absent from the workplace.
• Date of preparation of the document, which must coincide with the date of absenteeism.

The employee must be familiarized with the text of the act under the signature. Although, if he refused, then it does not matter much when imposing a disciplinary sanction. The main thing is that the members of the commission put an appropriate note that the truant refused to put his signature.

A sample of this document looks like this:

"Act on the absence of an employee in the workplace"

Date and place of compilation

Time of drawing up the act ... hours ... minutes

Commission consisting of:

... job titles ... full name

Made the following statement:

... date ... position ... full name ... was absent from the workplace, from ... exact time ... until ... time, which in total amounted to ... hours ... minutes ...

… full name … was asked to provide a written explanation to his immediate superior … position … full name within 2 days.

Positions ... full name ... members of the commission

Acquainted with the act:

Position ... full name ... signature

If the guilty person refused to sign the act, then an appropriate note should be made about this.

Claiming an explanation

But, having drawn up an act, one should not rush to draw up a sample order for reprimand for absenteeism. It is mandatory for the employee to demand a written explanation of the reasons for his absence. First of all, the employee must be given the opportunity to justify himself. Maybe he really had to miss or he needed time to collect supporting documents. 2 days are allotted. If the employee has not submitted an explanatory note, then an appropriate act in free form is drawn up about this.

• a warning;
• rebuke;
• dismissal.

The first two measures are a moral and ethical impact and are most often applied to employees who are highly qualified specialists and have committed an offense once.

Many enterprises also apply material measures of influence, for example, in fact, the employer is not always in a hurry to dismiss an employee.

Punishment without dismissal

So, we have already looked at some samples. An order to reprimand for absenteeism is issued based on the explanations of the violator of labor discipline. Absolutely all employees, regardless of position, can be held accountable. It should be remembered that only one penalty can be imposed for one violation. There is no standardized form for an order, but in practice certain requirements have already been formed for this type of local document.

Sample order "Reprimand for absenteeism"

Name and legal form

Order No.

Date and place of compilation

On the imposition of disciplinary action

Due to absence from work ... position ... full name ... for ... hours ... date ...

I ORDER:

1. ... date ... consider absenteeism ... position ... full name.
2. Impose a disciplinary sanction on ... position ... full name ... in the form of a reprimand.
3. To acquaint with this order ... position ... full name under signature.
4. To impose control over the execution of the order on ... position ... full name.

Reasons:

1. Job description of the head of the structural unit ... Full name.
2. Explanatory note of the violator of labor discipline.
3. Or an act of refusal to provide an explanatory note.
4. Certificate of absence from the workplace from ... date.

Head of the enterprise ... signature ... full name

Acquainted with the order:

... position ... signature ... full name

The order must contain an administrative part with the following information:

• description of the violation;
• walking time;
• a full description of the date and time when there was absenteeism;
• the reasons for such behavior, if they were found out from the employee;
• documents that formed the basis for drawing up the order.

It is necessary to familiarize the violator with the order within 2 days from the date of its preparation. At the request of the employee, a copy of the order is issued to him.

The expiry date of the claim

As a general rule, the period of validity of a disciplinary sanction is 1 year from the date that is counted from the date of issuance of the relevant order. In the event that during this period the employee has not committed another violation, and a new disciplinary sanction has not been imposed on him, then it is automatically removed. Removal of the penalty in this case does not require the issuance of an additional order.

When an employee has committed a new violation, which was followed by a disciplinary sanction, then the period of validity will already be calculated from the moment the last order was issued.

What to do with persistent offenders?

There are two extreme measures that an employer can take against a violator:

• deprivation of the bonus, that is, material impact;
• dismissal.

Naturally, the last measure is the most severe, and in certain circumstances it can take place.

If your employee did not show up for work, he must provide an explanation. Absence from work is a violation of labor discipline, and there must be a good reason for this. The entrepreneur must figure out why there was an absence from work, and correctly draw up an order for absenteeism. We will talk about how the act of absenteeism of an employee in 2018 should look like and how its design should be.

Absenteeism: concept and causes

Absence of an employee at the workplace for more than 4 hours without a good reason will be considered absenteeism. Truancy refers to, according to part 1 of Art. 81 of the Labor Code of the Russian Federation.

For absenteeism, an employee can be immediately. But, before dismissing a person, it is necessary to find out for what reason the violation occurred.

Reasons for walking:

These are absenteeism committed for reasons whose circumstances do not depend on the employee. These may include illness with the provision of a sick leave. A good reason does not exempt from liability if it is not supported by documentary evidence.

2. Bad reason.

These include absenteeism due to drunkenness, laziness, unwillingness to work. Moreover, if the employee refers to the disease, but does not have a sick leave, the reason is also considered disrespectful.

3. Other reasons.

A separate group includes reasons that in themselves are a reason to terminate the contract with an employee. These include an employee (clause 6, part 1, article 83 of the Labor Code of the Russian Federation) or detention (clause 4, part 1, article 83 of the Labor Code of the Russian Federation).

A good reason does not exempt from liability if it is not supported by documentary evidence.

Disciplinary sanctions

If the employee does not have a good reason, then the employer has every right to dismiss him. The basis for dismissal will be a gross violation of labor discipline (Article 192 of the Labor Code of the Russian Federation).

The employer must dismiss the employee in accordance with the rules of disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation). If you do not follow the entire procedure and do not formalize absenteeism in accordance with the law, then the employee can sue, and, most likely, the dismissal will be considered unreasonable. In this case, the truant will have to be reinstated and he will have everything that the court will appoint.

For the correct registration of absenteeism, the employer needs to know a number of rules:

1. According to Art. 193 of the Labor Code of the Russian Federation, dismissal for absenteeism is possible no later than 1 month from the date of its discovery and no later than 6 months after it was committed.
2. The time of detection of absenteeism is the day when the absence was recorded in the act.
3. If absenteeism lasted more than 1 day, then the monthly period is counted from the last day recorded in the act.

Registration of absenteeism

The first step in processing absenteeism should be an explanatory note from an employee (Article 193 of the Labor Code of the Russian Federation). The explanation must be in writing in any form. An explanatory note is written in the name of the owner of the company or director. The explanatory note should be considered by a commission of several people (administration, employees).

The commission decides for what reason absenteeism was committed. But what to do when the employee disappeared and is not going to appear in the near future? As evidence that the employee was warned of a disciplinary sanction, it is enough to send him a registered letter with a proposal to appear and write an explanatory note. The signature on receipt will be proof that the employer tried to find out the reason for absenteeism. If the letter is returned, then you need to send it again and wait for the personal signature of the employee. If during the week the employee did not appear and an explanatory note was not received, then it is necessary to draw up an act of absenteeism and, on its basis, issue an order for dismissal.

If the employee does not appear at the workplace, then he needs to send a registered letter with a proposal to write an explanatory note.

The dismissed employee must be familiarized with the order and receive a signature that he has read the document. If an employee reads the order, then the entrepreneur needs to draw up an act signed by several employees. The act is drawn up in free form. An invitation is sent to the dismissed person by registered mail to familiarize himself with the order.

On the first day of absenteeism, you need to document the violation. For this, an act is drawn up, which is fixed by the signatures of 2 witnesses and a seal. The act of absenteeism is drawn up by the entrepreneur in any form, separately for each day.

To make things easier, we have prepared a sample text for this document.

The act of absenteeism Sidorov I.I.

The act was drawn up by an individual entrepreneur Mikhailov S.M. in the presence of the undersigned managers Artemkina The.AND. and Naumova I.P.

We, the undersigned, testify that Sidorov I.I. absent from the workplace on February 14, 2018 from 8:00 to 17:00 without explanation.

The act was drawn up on February 14, 2018 at 13:00.

Below are the signatures of the management and witnesses. It is important that the seal does not overlap the signatures.

In the time sheet, the mark HH (absence for unknown reasons) is put. After the employee appears and finds out the reasons for absenteeism, the mark in the report card changes to PR (absenteeism) or B (absence due to illness). All days of absenteeism are not included in the payroll and are not paid by the employer. The exception is absenteeism on sick leave.

The dismissal order must be issued on the same day as the disciplinary sanction and have the same date with it (Article 193 of the Labor Code of the Russian Federation). After termination of the employment contract, the former employee is required to issue a work book. If the former employee is not behind her, he needs to send an invitation by registered mail. After the employee has received a registered letter, the entrepreneur is not responsible for the safety of the labor. Also, the employee will be able to write a statement to the former employer for the issuance of a work book to him. The employer must issue the document within 3 working days.

According to Art. 140 of the Labor Code on the day the employee is dismissed, he must transfer the calculation. If the employee did not appear for the calculation on that day, then the money must be given to him no later than 3 days after the dismissal.

Proper registration of absenteeism will protect you in court if the employee decides to challenge this decision. It is necessary to draw up an act for each day of absenteeism and convey information about this to the truant. But do not rush and fire a good specialist, maybe after a written explanatory note it will become clear that the reason for absenteeism was valid.

It is not difficult to dismiss an employee for absenteeism - it is enough to draw up an act, recognize the reason for not showing up for work as disrespectful and draw up an appropriate order. Problems may start after. What if the former employee goes to court and proves that you made some procedural mistake when terminating the employment contract? To avoid such troubles, it is necessary not only to get a general idea of ​​​​the procedure for dismissing an employee for absenteeism, but also to take into account many related nuances.

What is a walk?

Absenteeism is the absence of an employee from the workplace during the entire working day or for more than four hours in a row without good reason. This definition is given by the legislator in the Labor Code.

Dismissal for absenteeism is provided for in Article 81 of the Labor Code. The problem is that the Code does not contain even an approximate list of reasons for a person's absence from work, which should be considered valid. Of course, this omission regularly leads to conflicts between employees and employers.

Theoretically, it is the employer who must determine and prove that the reason for the absence was disrespectful. However, this cannot be done only in accordance with personal convictions - one should also rely on judicial practice. If a dissatisfied employee goes to court and proves that he was fired not quite justifiably, you will have to reinstate the truant in the state. By the way, violation of the procedural order (incorrect filling of acts, violation of deadlines, etc.) can also become a reason for canceling the dismissal order.

In what case can you be fired for absenteeism?

Dismissal will be legal only if four conditions are met:

• the employee did not appear at work all day (even if his working day is one or two hours) or more than four hours in a row;
• the employee was absent from his workplace;
• he did not show up for work for an unexcused reason;
• the fact of his absence is proven and documented.

Immediately you need to consider:

• if an employee was absent from his place for exactly 4 hours and not a minute more - this is not absenteeism;
• if the workplace is not officially assigned to the employee (in the employment contract), but he was somewhere on the territory of the company, he cannot be recognized as a truant;
• if an employee, for objective reasons, could not warn his superiors about his absence, the reason for his absence cannot be considered as a priori disrespectful.

In what cases can not be dismissed for absenteeism?

Based on the materials of judicial practice, the principles of labor legislation and common sense, we can distinguish the following good reasons for absenteeism (which in these cases is no longer absenteeism):

• temporary disability;
• performance by the employee of public duties assigned to him by the authorized state or municipal body;
• donation of blood and plasma by an employee (and subsequent medical examination, if necessary);
• taking an employee under arrest, taking him into custody by police officers;
• problems with transport (for example, due to weather conditions);
• delay in payment of salary for more than 15 days (but only if the employee has notified you in writing that he is not going to come);
• participating in a strike.

In all these cases, the employee must provide a supporting document. The following papers are considered as evidence:

• disability certificate ("sick leave");
• a certificate from a medical institution (for example, in the case of blood donation);
• subpoena or order for arrest or detention;
• certificate from the transport organization;
• etc.

Be sure to find out the true reason for the absence of the employee. It's no secret that almost any certificate can be bought. If it turns out and is confirmed that the employee committed such an offense, the dismissal order can be issued with full right.

The procedure for dismissal of an employee for absenteeism

The dismissal procedure can be conditionally divided into three stages:

• documenting the absence of an employee at work;
• clarification of the reasons for the absence;
• making a decision and issuing a dismissal order.

It is possible to make a procedural error at any of these stages, and after all, every minor violation can cost the company dearly! Do not forget that an employee who is outraged by an unreasonable - in his opinion - dismissal has the right to go to court. If he also uses the services of a good lawyer, the case will certainly not turn out in your favor. Even if there are all grounds for dismissal, a minor formal error (for example, when drawing up an act of non-appearance) often becomes a reason for canceling an order. Therefore, pay special attention to the rules and recommendations below.

Act preparation

A correctly drawn up act is the main evidence of a violation by an employee of labor legislation. The act has the following structure:

• name (an act on absenteeism, absenteeism, absence from the workplace - different names are acceptable);
• date, place and time of compilation;
• Full name of the official who draws up the act (such a person can be either the head of the company or the head of the structural unit);
• Full name of the employee who did not go to work;
• the circumstances of the employee's absence (this part should be filled out as detailed as possible, indicating the exact time of absence and the actions taken by the employer - attempts to get through to the truant, to contact him in any other way);
• date and duration of the employee's absence (indicating the exact time, "minute per minute");
• date of drawing up the act and the signature of the head (for greater certainty, you can ask witnesses to sign - for example, colleagues of the truant).

It is advisable to draw up an act on the same day, without postponing “for tomorrow”.

Finding out the reasons for the absence of an employee

Before signing an order to dismiss an employee for absenteeism under the article, you need to demand an explanatory note from him. At this stage, it is important to document each action, so it is better to send the request for an explanatory note to the employee in writing (even if in the end he still came to work). Put a signature on the demand and make sure that the employee signs for receiving it. If the request has to be sent by mail, in no case do not throw away the postal receipt.

After requesting explanations for non-attendance, you should wait two days. By the way, this rule applies even if the employee refuses to "testify" immediately - what if he changes his mind? If, after two days, the answer does not come, you can proceed to the final stage and draw up an order.

Suppose that the employee nevertheless provided an explanatory note. There are three options here:

1. The reason for the absence indicated by the employee can be classified as a valid one, and the arguments set forth are documented. In this case, the person cannot be fired.
2. The truant is clearly composing: the explanations are unconvincing, but there is no evidence. Feel free to write orders.
3. The situation is ambiguous. There are no supporting documents or they are insufficient, but the arguments look convincing. Or vice versa - there is a certificate from honey. institutions, but certainly "fake". How to be an employer? It is impossible to give an unambiguous answer to this question. Try to assess the situation as a whole, taking into account all the possible motives of the employee, his previous behavior, attitude to his duties and the work process in general. Do not forget - the law provides the right to draw a conclusion and make a decision for you.

Dismissal order

An order to dismiss an employee for absenteeism without good reason is drawn up and issued in a unified form No. T-8. The law establishes the following deadlines for issuing an order:

• not earlier than two days after sending the demand for an explanatory note to the truant;
• no later than 30 days from the date of absence.

The structure of the order in the form No. T-8:

• title;
• date, place of compilation;
• grounds for publication (act of absenteeism, details of reports and explanatory notes, etc.);
• Name and position of the employee;
• a detailed description of the offense;
• justification of why the reasons for absenteeism cannot be recognized as valid;
• clarification of the employee's right to appeal the dismissal decision;
• date of compilation and signature of the employer.

The employee must familiarize himself with the order and confirm with his signature that he is aware of its content. If he refuses to do this, another act will have to be drawn up. After that, you should make an entry about the dismissal in the work book of a negligent specialist and send him for this book to the accounting department. This completes the dismissal process.

The main mistakes made by employers

As mentioned earlier, any procedural violation may be the basis for appealing the dismissal order. What mistakes are made by employers most often?

1. Often, an act of absenteeism is simply not drawn up. This is terrible - if the case goes to court, the employee will most likely achieve reinstatement (and even compensation for wrongful dismissal). Always make a deed.
2. Serious shortcomings in the execution of the act - first of all, the incorrect indication of the time of drawing up the act and the period of absence of the employee. The wording "in the morning", "at lunchtime", "in the evening" is unacceptable. Always indicate the exact time - “the employee was absent from 8.00 to 14.18”, “the act was drawn up at 14.58”.
3. Inconsistency of the actual circumstances with the data contained in the act. Sometimes it happens that an employee infuriates the employer with his impudence. In order to get rid of the truant, the employer artificially aggravates the situation - for example, he writes in the act and order that the employee appeared only the next day and insulted him in obscene language. If it turns out in court that everything was a little wrong, the boss will have to bear responsibility for such “attacks”.
4. Dismissal of an employee without requesting an explanatory note from him.
5. Violation of the deadlines for issuing an order, dismissal of an employee for absenteeism without a corresponding entry in the labor.

Even if you have undeniable evidence that the dismissed employee is an undisciplined and irresponsible truant, the court will still be able to reinstate him at work. It is enough to allow at least one of the listed violations.

Labor, discipline, legality

Unfortunately, the process of dismissal does not always go smoothly. Even by following the rules and recommendations outlined in this article, you can only minimize the risks, but not eliminate them. The laziest worker fired for absenteeism sometimes shows desperate determination and goes to court. And the trial is long and unpleasant, even if the case is decided in your favor.

To prevent such an undesirable development of events, always carry out the dismissal procedure carefully, methodically and carefully. Record each stage on paper, draw up acts, send requests - and the employee will be convinced that it is pointless to “go to war” with you.

Every employer faces a rather difficult task every day, namely, to cooperate with employees and ensure the stable operation of the organization. For successful activity, it is necessary not only to carefully select personnel, but also to manage them wisely. Of course, good bosses always know how to use the talents of their employees, and they deserve the respect of their subordinates.

But absolutely everything never goes smoothly, and it is extremely unpleasant. Irresponsibility on their part can manifest itself in different ways, but in our article we will consider absenteeism. How to draw up an act of absenteeism? How to issue an order for absenteeism without dismissal, observing all the necessary rules? All this - later in our article.

If the presence of an employee was necessary at a particular workplace, and the absence could jeopardize the entire work of the organization, then first of all, of course, it is necessary to provide a replacement. After that, it is already required to find out whether the absence of a particular employee at the workplace (shift) is absenteeism.

What is a walk?

According to the current legislation, absenteeism is the absence of:

• For more than four hours;
• Throughout the working day(shifts);
• Due to unauthorized leave without notice(or unauthorized appointment of a day off);
• at will, i.e. neglect lasting two weeks;
• Due to the lack of warning about desire or ignoring the deadline set by him.

The fact of absenteeism is recorded in the form of an act, the correct preparation of which we will discuss below.

In addition to the above characteristics of absenteeism, the employee should not have good reasons for being absent from his workplace. That is, he either cannot justify his own failure to appear at the appointed time, or is not able to confirm the reason he calls.

What would not be considered absenteeism?

Of course, in some cases, failure to appear will not be considered absenteeism. Legislatively absenteeism cannot be declared absence from the workplace due to:

• Fulfillment by an employee of public duties. This can be both participation in a court session, a visit to the military registration and enlistment office, and a visit to the police;
• Arrest or detention;
• Donating blood on the day appointed by medical workers or necessary rest immediately after donating blood, if the worker is a donor;
• Lack of knowledge about the need to go to a shift with changes in the schedule. Such a reason is valid only if the employee was not notified against signature. A mere verbal notice or announcement has no legal force in this matter;
• Refusal to leave on a legal day off(as well as during vacation) by order of the head. Or in a situation where the employee was not familiar with this order in advance.

Of course, the illness of an employee can also be attributed to good reasons. In this case, he will need to confirm his incapacity for work with a medical certificate.

A complete list of reasons that are good enough for absenteeism is assigned by each individual enterprise. Legislatively, such a list is not clearly marked, for this reason, in the event of a conflict, it is necessary to study in detail not only the employment contract, but also the general internal rules of the organization.

How to properly document the fact of absenteeism?

After it became known about the absence of an employee, it is required first of all to document absenteeism. The presence of official paper is necessary for lawful That is, before issuing an order for dismissal for absenteeism, you will need to draw up an act or a memorandum that will be the rationale for imposing such a penalty.

Registration of an act on absenteeism of an employee

As a rule, such documents are drawn up according to the requirements of a particular enterprise. The format of the act and its content varies greatly among different organizations. However, even in the absence of a generally accepted template, the act always indicates such information as:

• manager data, who wrote the document;
• Surname, name, patronymic and position of the employee who committed the violation;
• Date of absenteeism;
• Time of absence of the violator at the established workplace. If he did appear, then the time of arrival and departure is indicated. If he did not take the shift at all, then the total time of absence is indicated;
• Date and time of the act. It can be drawn up both on the day of the violation and the next day;
• Signatures of three employees who certified the act. The data of each of the signatory employees, as well as the data of the violator, are indicated along with the positions held.

In addition to the points described above, a separate column may be present in the act to indicate the reason for the absence. As a standard, it indicates “absence for an unexplained reason”, abbreviated as “NN”.

Verification of information on the fact of violation

Before compiling, you must receive a response from the violator or take steps to obtain it. If the employee gets in touch and independently expresses a desire to justify his absence, then he will need to write an explanatory note indicating the reasons. Supporting documents may also be attached to it. The term for providing an explanatory note is on average about two days.

If during this time the employee who violated the order did not provide his manager or organization with an explanatory note on his own, you must ask him for a reason. That is, even if the employee does not get in touch or does not want to answer, the organization must send a telegram with a request to the place of his registration. It should contain a request to justify the absence (absence) of the employee at the workplace at the appointed time.

There are also situations when an employee refuses to give justification or give reasons for non-appearance. In this case, it is necessary to document his refusal by drawing up a separate act. Or, if the norms of the enterprise provide for another document for these purposes, you can use paper of a different compilation format.

Order for disciplinary action for absenteeism

After clarification of the information and its execution in the required form, an order is drawn up for disciplinary action for. It must be issued no later than one month from the date of the violation itself. In most cases, as a punishment for this gross violation, a disciplinary sanction is imposed in the form of dismissal of an employee, however, an order for absenteeism may be without dismissal.

In this case, as a punishment for violation of labor discipline, the following can be applied:

• Comment;
• Deprivation of the right to additional allowance(remuneration for long service, bonuses, other payments not guaranteed by law) or a reduction in the amount of a one-time remuneration to the norms established by law.

In addition, after the order is issued, incentive measures cannot be applied to this employee. A similar rule, including the deprivation of both part and the full amount of the bonus, is valid during the established period of punishment.

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 labor regulations, he 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 during the entire 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 the workplace before 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 a good reason, absence from the workplace even with the permission of the manager, 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 execution of documents is violated, then the dismissal may be recognized in court as illegal, the employee may be reinstated, and the employer may be required to pay compensation.

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

1. 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.
2. . An explanatory note is drawn up only in writing. Oral explanations are not suitable. Deadline - 2 days.
3. 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).
4. 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.
5. A dismissal order is being prepared.
6. Familiarize the employee with the order.
7. 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 absenteeism, the step-by-step instructions are almost the same as for the usual one, that is, there are discrepancies:

1. Fix the absence: compose , enter data into .
2. Compose about the need to appear and provide explanations.
3. Send a notice to an employee at a known postal address.
4. After receiving notification of delivery, wait 2 days + the period required for the delivery of correspondence.
5. In case of failure to provide explanations and confirmation of the fact of receipt of the notification, draw up an act.
6. 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.
7. Write about the activities carried out, recording the information received. Optional.
8. Checkout.
9. Draw up an act on the impossibility of familiarizing the employee with the order.
10. Enter the information in the work book.
11. Perform payment settlement.
12. 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 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 illness and the presence of a 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 regulatory documents to regulatory authorities.