17.04.2017, 14:52

Does the Labor Code of the Russian Federation provide for valid reasons for absenteeism at work? Are there any such reasons at all? Is the child's illness such a cause feeling unwell spouse, death of a close relative or road accident? Let's figure it out.

What is considered a truancy according to the Labor Code of the Russian Federation

The employer has the right to dismiss an employee for absenteeism, that is, for absence from the workplace without good reason during the entire working day or shift, regardless of their duration. Also, the employer has the right to terminate the employment contract if he is absent from the workplace without good reason for more than four hours in a row during the working day (shift) (subparagraph "a" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation).

Good reasons: checklist

The Labor Code of the Russian Federation does not disclose a list of valid reasons for an employee's absence from the workplace. Therefore, it is up to the employer to decide which reason is valid and which is not. At the same time, it makes sense for personnel workers to know that the decision of the employer to recognize the specific reason for the absence of an employee at work as disrespectful and, as a result, his dismissal for absenteeism can be verified in court (Definition of the Constitutional Court of the Russian Federation of 23.06.2015 N 1243-O). Thus, if, for example, the death of a close relative is regarded as a disrespectful reason, then it is highly likely that the court will not agree with such a campaign. Also, if an employee's child fell ill and he did not manage to transfer the sick leave to the personnel department in time, then this should also not be regarded as a disrespectful reason for absence from work. Almost 100 percent of the court recognizes such dismissal as illegal.

On the other hand, if an employee “has gone into a binge” and does not appear at work, then the village can fire him for absenteeism. It is difficult to imagine a situation when the judiciary considers that drinking is a good reason for leaving work duties.

At the same time, individual cases can be distinguished from the Labor Code and some court decisions that determine certain situations as valid reasons for absence from the workplace. If there are such reasons, you should not be fired for absenteeism. It is too likely that the employee will have to be reinstated at work and paid compensation. So, based on the analysis of Art. Art. 142, 170, 186, 414 of the Labor Code of the Russian Federation, clause 6 of the Review of judicial practice of the Supreme Court of the Russian Federation for the III quarter of 2013, approved. By the Presidium of the Supreme Court of the Russian Federation on 02/05/2014 and the Determination of the Moscow City Court of 10/22/2010 in case N 33-33169, the following valid reasons for truancy as of 2017 can be distinguished:

It is clear that the employee must document the absence from work for a good reason. For example - bring a sick leave or a certificate of detention in a pre-trial detention center.

Also, in practice, the following are recognized as valid reasons:

• interruptions in the work of public transport, as well as traffic jams on the way to work;
• summons to law enforcement agencies and courts;
• urgent hospitalization of a relative to the hospital if he needs urgent help;
• fires, emergencies, natural disasters who did not allow them to get to work on time.

Disrespectful reasons

There is also no list of disrespectful reasons for absenteeism in the Labor Code of the Russian Federation. However, you can refer to the already rendered court decisions. And come to the conclusion that disrespectful reasons for absence from the workplace can, for example, refer :

The employer must assess the reasons for the absence of the employee and apply a disciplinary sanction commensurate with his misconduct, taking into account the employee's previous behavior (Determination of the Supreme Court of the Russian Federation dated 03.30.2012 No. 69-B12-1).

It is not difficult to fire 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 can start after. Suddenly, the former employee goes to court and proves that you made any procedural error in termination employment contract? To avoid such troubles, you need not only to compose general idea on the procedure for dismissing an employee for absenteeism, but also take into account the many accompanying nuances.

What is truancy?

Absenteeism is the absence of an employee from the workplace for the entire working day or 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 by Article 81 of the Labor Code. The problem is that the Code does not even contain an approximate list of reasons for a person's absence from work, which should be considered valid. Of course, this oversight regularly leads to conflicts between employees and employers.

In theory, it is up to the employer to determine and prove that the reason for the failure to appear was disrespectful. However, it is impossible to do this only in accordance with personal convictions - one should also rely on judicial practice. If a disgruntled employee goes to court and proves that he was not fired without reason, you will have to reinstate the truant in the state. By the way, a 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 no good 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 workplace it 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, one cannot consider the reason for his absence as a priori disrespectful.

In what cases can you not be fired for absenteeism?

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

• temporary disability;
• fulfillment by an employee of public duties assigned to him by an authorized state or municipal body;
• delivery of blood and plasma by the employee (and subsequent medical examination, if necessary);
• taking an employee into custody, taking him into custody by police officers;
• transportation problems (for example, due to weather conditions);
• delay in the 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);
• participation in the 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);
• a subpoena or a warrant for arrest or detention;
• a certificate from a transport organization;
• etc.

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

The procedure for dismissing an employee for absenteeism

The dismissal procedure can be conditionally divided into three stages:

• documenting the fact of the employee's absence from work;
• clarification of the reasons for failure to appear;
• 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 probably turn out to be not in your favor. Even if all the grounds for dismissal are present, a minor formal error (for example, when drawing up an act of failure to appear) often becomes the reason for canceling the order. So pay Special attention to the rules and recommendations below.

Preparation of the act

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

• title (act of absenteeism, absenteeism, absence from the workplace - permissible different variants names);
• 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 failure to appear (this part should be filled out in as much detail as possible, indicating the exact time of absence and the actions taken by the employer - attempts to call the truant, contact him in any other way);
• the date and duration of the employee's absence (indicating the exact time, "minute per minute");
• the date of drawing up the act and the signature of the manager (for greater confidence, you can ask witnesses to sign - for example, the truant's colleagues).

It is advisable to draw up an act on the same day, without delaying "until 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 every action, so it is better to send the request for an explanatory note to the employee in writing (even if in the end he did come to work). Sign the request and make sure the employee signs for it. If the request has to be sent by mail, in no case throw away the postal receipt.

After asking for an explanation of failure to appear, you should wait two days. By the way, this rule applies even if the employee refuses to "testify" immediately - suddenly change his mind? If, after two days, the answer still does not come, you can proceed to the final stage and draw up an order.

Let's assume that the employee did provide an explanatory note. There are three options here:

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

Dismissal order

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

• not earlier than two days from the moment the request for an explanatory note was sent to the truant;
• no later than 30 days from the day of absenteeism.

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

• title;
• date, place of compilation;
• the grounds of the publication (the act of absenteeism, details of the memorandum and explanatory notes, etc.);
• Name and position of the employee;
• detailed description misconduct;
• justification of why the reasons for absenteeism cannot be recognized as valid;
• clarification of the employee's right to appeal the decision to dismiss;
• 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, he will have to draw up another act. After that, a record of the dismissal should be made in the work book of a negligent specialist and send him for this book to the accounting department. This completes the dismissal procedure.

Major mistakes made by employers

As mentioned earlier, any procedural violation can become the basis for an appeal against the order of dismissal. What mistakes are made by employers especially often?

1. Often, the truancy act is simply not drawn up. This is terrible - if the case goes to court, the employee will surely achieve reinstatement in the state (and even compensation for wrongful dismissal). Always draw up an act.
2. Serious flaws 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 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 pisses off the employer with his insolence. In order to be guaranteed to get rid of the truant, the employer artificially aggravates the situation - for example, writes in the act and order that the employee showed up only the next day and insulted him in obscene language. If at the trial it turns out that everything was a little wrong, the boss will have to bear responsibility for such "attacks".
4. Dismissal of an employee without demanding an explanatory note from him.
5. Violation of the terms for issuing an order, dismissal of an employee for absenteeism without a corresponding entry in the labor book.

Even if you have conclusive evidence that the dismissed employee is an undisciplined and irresponsible truant, the court can still reinstate him at work. It is enough to admit at least one of the listed violations.

Labor, discipline, legality

Unfortunately, the dismissal process does not always go smoothly. Even 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.

In order to prevent such an undesirable development of events, always carry out the dismissal procedure carefully, methodically and carefully. Fix each stage on paper, draw up acts, send requests - and the employee will be convinced that there is no point in "going to war" against you.

The Labor Code allows an employer to fire employees for absenteeism, as this is a serious violation of discipline. In some cases, the employee has the right to appeal against the decision of his superiors, since the law requires strict adherence to the procedure and its documentation. In this article, you will learn under what conditions they can be fired for absenteeism in 2019, how absenteeism is formalized and how the subsequent dismissal is carried out.

Conditions for recognizing truancy

V jurisprudence There are cases when the reason for challenging dismissal and reinstatement at work is the incorrect registration of the fact of absenteeism. Absence from the workplace is not always a violation of discipline. Failure to appear is considered absenteeism only if the following conditions are met:

• The absence of an employee at the workplace for more than 4 hours... If the employee has not been there for exactly 4 hours, it will not work for him to be absent.
• The absence of an employee at his workplace throughout the entire work shift, even if its duration is less than 4 hours. If a person is not assigned a job and he actually was on the territory of the enterprise, this will not be considered absenteeism.
• No valid reason for absenteeism... If there is such a reason, you need to confirm it with an acquittal document - a sick leave, a summons, a certificate from a doctor.
• Proven Absenteeism... The employer is obliged to document this violation of discipline, obtain the signatures of witnesses, indicate the exact time and date, and describe the circumstances in detail. If there was an incorrect registration of the employee's truancy, the court will side with him.

There are times when the security does not allow an employee to enter the workplace on the orders of the superiors. This is usually not indicated in the act. In court, an employee will be able to defend his innocence by providing witness testimony, recordings from CCTV cameras. If the act does not indicate the exact time of absenteeism, this will also become the basis for reinstatement at work through the court. The employee will be able to refer to the fact that the document was prepared in the evening, and in the morning he was at work.

How should absenteeism be properly formalized

Let's consider in detail how to arrange absenteeism at work. First, an act is drawn up on the employee's absence from the workplace. It contains the following data:

• Full name and position of the absent employee;
• date and time of absence;
• date and time of drawing up the act.

The document must be signed by 3 witnesses from among the employees of the organization. Each of them confirms with his signature that at the time of drawing up the act, the violator was absent from the workplace.

The drawn up act is transferred to the HR specialist. On the basis of this document, he puts down the mark "NN" in the timesheet in the form of T-12 and T-13.

Then the employer is obliged to wait for the arrival of the employee and receive his written explanation. According to Art. 192 of the Labor Code of the Russian Federation, you cannot fire a person for absenteeism without finding out his reasons. Absenteeism itself can be recorded only if the employee did not have a valid reason for not showing up for work. If there was a valid reason, he must describe it in an explanatory one. Absenteeism in this case will be excluded, the employee will simply return to the performance of his work duties.

How to properly fire for absenteeism

If absenteeism is formalized in accordance with all the rules, it is established that the employee did not have valid reasons for absenteeism, the employer has the right to apply disciplinary action. To properly fire an employee, you must strictly adhere to:

1. Draw up an act on the absence of an employee at the workplace, familiarize the employee with it.
2. Get an explanatory note from a truant.
3. Issue, sign a dismissal order and give the employee for review.
4. On the last day of work, issue a work book to the dismissed and make a calculation.

The Labor Code allows for the formalization of absenteeism of an employee with dismissal within 6 months from the date of fixing the violation. With a long absenteeism, the order of dismissal is issued not on the first day of absenteeism, but on the date when the document was actually prepared. In this case, the day of dismissal will be the final day of a person's work in the organization - when he appears in the organization and writes an explanatory letter. In other cases, the date of dismissal will be the date that preceded the first day of absence.

According to Art. 193 of the Labor Code of the Russian Federation, from the moment the truancy is discovered, the employer will have 1 month to issue a dismissal order. With a long absence, this period is calculated separately for each day of absence. If the first absenteeism was committed more than a month ago, the employer will no longer be able to dismiss the employee - a month has passed for issuing an order.

Responsibility for absenteeism in various situations

Now let's figure out how to properly fire for absenteeism in more specific cases. For different categories of workers, the procedure will have its own characteristics.

Combining positions

Art. 60.2 of the Labor Code of the Russian Federation states that when combining positions, there will be no absenteeism if the employee sends a written notification to the management of the refusal to comply additional work within 3 days.

Part-timers

Dismissal of a part-time employee at the initiative of the employer is possible only for the sole reason specified in Art. 288 of the Labor Code of the Russian Federation. This is the hiring of another employee, for whom this work will become the main one. The conclusion suggests itself: the bosses have the right to formalize the absenteeism of the employee concurrently general rules.

Pregnant workers

According to Art. 261 of the Labor Code of the Russian Federation, the employer does not have the right to fire pregnant employees at will. There is only 1 exception - liquidation of a legal entity (termination of an individual entrepreneur).

General directors

In ch. 43 of the Labor Code of the Russian Federation there are no direct indications of the possibility or impossibility of dismissing a manager for absenteeism. This should happen on general grounds, but the procedure is carried out by the highest collegial body (if any).

Young professionals

Absenteeism young specialist drawn up according to general rules, since in Art. 336 no other indication.

Civil servants

All provisions of the Labor Code of the Russian Federation, including those related to absenteeism, fully apply to civil servants.

Drunken appearance at work

Being drunk at work is not absenteeism. This is a gross violation of the labor schedule specified in Art. 81 of the Labor Code of the Russian Federation.

Shift work

If the mode of work is shiftable, then absenteeism is still recognized as being absent from work for more than 4 hours. Absenteeism is also the absence of a person from work during the entire shift, even if it lasts less than 4 hours.

Long absenteeism (several days)

When working on an open-ended contract, an employee faces the same disciplinary measures for long absenteeism as for a one-time absenteeism. Read about the consequences of absenteeism at work.

Absence for several hours

If an employee is absent from the workplace for more than 4 hours in a row, the employer has the right to fix absenteeism. In other situations, absence from work is not considered a violation of the work schedule.

Truancy is a serious offense for which an employee can be fired. This is only allowed if the violation is documented. Otherwise, the person will be able to challenge the actions of the management and recover at work.

Something is not clear? Ask a question and get expert comment

An employee's truancy must be formalized in accordance with applicable labor laws. How to prove the absence of an employee from the workplace? What documents must be used to confirm this fact? You will find answers to these and other questions in our article.

What is considered truancy

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

And what do modern employers mean by truancy? Of course, the absence of employees for work on time can cause a lot of trouble for the company's management. And employers often intimidate staff with dismissal for being late for work, delayed after lunch break, early departure from work, etc. But the listed situations, as a rule, are not truancy.

On the other hand, the Labor Code of the Russian Federation does not contain a clear list of valid reasons. Our legislators leave this question at the discretion of the company's management. Apparently, the manager must independently assess the degree of respect for the reasons for absence from the workplace. Good reasons include illness, death of loved ones, natural disasters, road accidents, housing problems that require immediate solutions, etc. Each such absence must be confirmed by a sick leave, a certificate from a medical institution, traffic police, housing company management, etc. etc.

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

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

Important conditions for recognizing truancy

In judicial practice, there are cases when truants won lawsuits due to an incorrectly executed and not documented fact of truancy and were reinstated at work. That is why the employer must carefully complete all documents related to absenteeism. However, you should not do it retroactively. As practice shows, such facts are provable and the court will take the side of the employee who committed absenteeism.

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

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

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

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

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

• Absent from work for unreasonable reasons.

The employee must confirm each of his absences from the workplace with supporting documents. For example, a sick leave, a summons to court or an inquiry, a certificate from a medical institution and other documents. At the same time, the employer has no right to fire a pregnant woman who has committed absenteeism.

• With the proof of the fact of absenteeism.

Each absenteeism must be documented. V otherwise if the employee goes to court, justice will not be on the employer's side.

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

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

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

In some cases, the dismissal of an employee is possible due to his leaving on unauthorized leave without warning the management. Each enterprise should have an annual vacation schedule. It is brought to the attention of employees. Lack of a schedule is considered a violation of labor law.

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

You may also find the articles useful:

• "How to properly arrange a vacation followed by dismissal?" ;
• "Order for annual paid leave - sample and form" .

Sometimes it also happens that absenteeism ends with the employee's desire to quit according to on their own... An employee writes a letter of resignation and, after not working for 2 weeks, does not go to work on time.

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

How to prove absenteeism of an employee

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

IMPORTANT! You do not need to immediately prepare a dismissal or disciplinary order for the day of truancy. The main thing is to record the fact of a person's absence from his workplace in the presence of several witnesses.

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

After drawing up the act and before clarifying the reasons for the absence of a potential truant at the workplace (if any), a mark "NN" is put on the time sheet in the form of T-12 and T-13 (failure to appear for unexplained reasons). In the future, if the employee submits supporting documents, the mark "NN" is corrected, for example, to "B" (sick leave). If the employee does not have such documents, "PR" (absenteeism) is put down.

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

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

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

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

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

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

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

Documentary registration of an employee's truancy

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

The final decision on punishing an employee for absenteeism is made by the employer himself. An employee can be held liable for absenteeism in the form of:

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

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

In such an order, it is necessary to reflect the following points:

• the fact of violation by the employee of labor discipline, that is, the truancy itself, with an indication of its date;
• documents that prove the fact of absenteeism of the employee (memoranda, acts, explanatory from the employee, timesheet);
• type of punishment (consequences of violation): reprimand, remark, deprivation of the next prize, etc.

You can download an example of a disciplinary order form on our website. See article "Disciplinary Order - Sample and Form" .

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

Outcomes

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

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

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

• dismissal, which is formalized by an order to terminate an employment contract with an employee;
• disciplinary action, which is also formalized by an appropriate order.

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

22Apr

Hello. In this article we will tell you about what truancy is and how to properly arrange it.

Today you will find out:

1. What is absenteeism;
2. What are the valid and disrespectful reasons for missing work;
3. How to correctly confirm that an employee did not show up for work.

What is absenteeism

Absenteeism at work - This is a subordinate's absenteeism for more than 4 hours.

If an employee has violated the conditions, you should not make a hasty decision and fire. The main thing is to find out the reason.

It should be noted that there are exceptions. If a subordinate called the boss the day before and announced on the phone why he would not be able to go to work, this is not considered absenteeism without a good reason.

But, not everything is so simple. If a dispute arises, it is necessary to confirm that the boss has been notified. In this case, only witnesses or a recording of a telephone conversation will help.

It should also be borne in mind that the responsibilities of employees are different, and if the absence of one may not even be replaced by many, then the failure of the other may affect the profits of the entire enterprise.

Example: if you are an ordinary secretary, but nothing terrible in the company will happen during your absence. But if you Chief Engineer, who is responsible for launching the equipment and starting the derivative for the whole day - then the losses can be colossal.

Reasons for absenteeism

If you study carefully Labor Code RF, we can conclude that the law does not establish which reasons are valid and which are not. But how to determine? Everything is very simple and the chief will act as a judge. It is he, according to the law, who can make the right decision and determine the punishment for his subordinate.

In practice, there can be short and long absenteeism. As for the second case, every citizen can disappear for several days and not answer phone calls.

Sometimes the boss cannot find out where his subordinate is. If this continues for a long time, then the employee is easy, since the company does not need irresponsible people.

As for short-term absenteeism, here we can highlight:

• Absenteeism from work without explanation, of their own free will;
• If you wish, arrange a day off for yourself;
• Unauthorized use of the day off, due to future vacation;
• Stay in a medical sobering-up center;
• If you left work earlier in order to be in time for.

While the employee is absent from work, the boss records the absence and does not pay work time... It is up to each employer to dismiss such an employee or impose penalties. Even if the subordinate is left, he must understand that it will be extremely difficult to earn trust.

Conditions for recognizing truancy

Every employer should know how to properly draw up documents if an employee does not show up for work. The thing is that if you leave this question for later, wait for the employee and arrange everything retroactively, you can get punished.

In judicial practice, there are cases when a citizen was deprived of his main job, and he won the case, proving that there were violations in the registration of truancy. At the same time, the citizen still received a cash payment as compensation. It also happens, and more and more often lately. Conclusion - the employer must do everything not only correctly, but also on time.

Under what conditions can the boss regard failure to appear as absenteeism:

• When a subordinate was absent for less than 4 hours during the entire work shift... There is one important nuance which is worth considering. The thing is that some workers are strictly assigned a job, while others are not. And if an employee, for whom a place is not assigned, came, but was not at his workplace, but at the employer's territory, this is not recognized as absenteeism. It doesn't matter if he was helping someone else or just relaxing and drinking coffee.
• When a subordinate is more than 4 hours late... In this case, there is also a small nuance, according to which it is not considered absenteeism if the worker is exactly 4 hours late. As they say, he came exactly and not for a minute more.
• If during the whole day the subordinate did not go to work and did not provide confirmation... Here, as they say, "there is no forgiveness" and the punishment is well deserved.

No show for good reason

1. Absenteeism due to illness.

No one is immune from illness and injury, and often a citizen does not go to work due to illness. Of course, you can contact medical institution and get sick leave, but there is not always such an opportunity. Although some ask just a confirmation document that they were at the doctor's appointment.

As for injuries, then here you can take into account fractures, which can be taken out of working capacity for several days, or bruises and sprains.

In addition to your own illness, it should be borne in mind that a child or a close relative can get sick. In this case, a certificate from a doctor is required.

1. Medical examination.

There is work, which can only be started after passing. This is required by kindergartens, public catering and many others. As a result, the employer can do mandatory requirement, according to which his subordinate is obliged to undergo an examination within a year, once or twice.

It turns out that if a citizen did not stay at his workplace due to a medical examination, this is not considered absenteeism. But do not forget that a subordinate cannot make a personal decision when to undergo an examination; this action must be coordinated with his superiors and, preferably, in writing.

1. Participation in the trial.

By law, any person can be summoned to court, as a victim or witness. In this case, failure to appear will be considered a forced truancy, which is not punishable.

1. Communal accident.

At any time, a communal accident may occur as a result of which you will not be able to go to work: you flooded your neighbors, a pipe burst, a gas leak occurred, or a fire broke out.

1. Delay in wages.

The order is communicated to the employee in writing. After signing, all documentation is placed in a personal file.

Do not forget that when hiring a subordinate, each boss must clearly explain what punishment is applied for violating an employment contract.

How to issue absenteeism without dismissal

It is good when the manager decides to leave the employee, but draws up absenteeism without dismissal in accordance with all the established rules.

Consider the registration procedure:

1. Drawing up an act.

It is mandatory to draw up an act in which all the personal data of the employee who has violated the terms of the contract is registered. In addition, the information of the employer and two witnesses is indicated.

All persons who will appear in the act must sign it - this is important. After that, it is described in detail when and how much the subordinate was absent of his own free will at the workplace. Well, you need to complete the act by making a decision - what the employee gets for his negligence.

1. Memorandum.

This is the second obligatory document, which also indicates the reason for the violation and the timing of unauthorized truancy. An act is attached to the note and transferred to the head of the company.

1. Order.

Only as an authorized employee receives all the documents, he prepares an order. The head is the first to sign and study the order, after that, he is brought to the violator of the employment contract.

According to the law, 3 days are given for the preparation of the order and familiarization. If the employee does not agree with the decision and refuses to sign, an act is drawn up. An act is prepared in the presence of witnesses, in which it is recorded that the worker refused to sign the document.

How to issue absenteeism with dismissal

As already mentioned, the boss decides for himself what punishment to apply. In practice, if an employee comes and does not want to explain anything, he is simply fired for absenteeism.

To arrange everything correctly, you should:

• Prove that the employee was really not at work at the specified time. Here you can attract witnesses or use recording if CCTV cameras are installed;
• Ask him to write an explanation as soon as he shows up at work.

Once again, we note, since it is extremely important, according to the law, the explanatory document is the main document that is required when a subordinate is dismissed. If the employee does not provide it within 2 days, an appropriate act and order for dismissal are drawn up.

The absenteeism act is drawn up according to the rules of the organization on an official letterhead. The form of the document can be any. In addition to the signature of the head, the document must contain the signatures of witnesses. The act must indicate all the personal data of the employee, the exact time of absence and the situation, as a result of which the violation occurred.

As soon as all documents are prepared, a dismissal order is drawn up. According to the law, an employer can dismiss an employee within a month from the moment the violation is revealed. Of course, after the specified time, he can also break off labor relations, but for a different reason.