In addition to various rewards for good work, labor legislation allows the employer to apply various penalties to negligent workers. One of the most common types of misconduct is the non-binding attitude of employees to the observance of working hours. The most serious of them is considered absenteeism at work - the Labor Code of the Russian Federation provides that, as punishment for a long absence from the workplace, the head may even fire a subordinate.

Absenteeism or being late

Labor law clearly defines what can be considered absenteeism. This is an absence from the workplace lasting four hours or throughout the entire work shift (day), if its duration is less.

Up to four o'clock is considered late.

Absenteeism must last for four hours or more at a time, if this time is broken, then such absence from the workplace is considered a delay.

For example, an employee stayed three hours late at the start of the working day, and then was away for another hour and a half after the lunch break. Such a delay is not considered absenteeism, although the total absence was more than four hours.

The punishment for absenteeism and being late for work is left to the discretion of the employer. These can be monetary penalties or the application of disciplinary measures provided for in laws - from a simple remark to a dismissive attitude to the work schedule on the part of an employee.

For the application of punishment, an employee must be absent from work without a valid reason.

Therefore, before punishing an employee, the manager must find out the reason for being late or absent and the degree of its respect.

The legislation does not provide for a clear gradation of what is considered a valid reason and what is not. In most cases, the decision is made by the manager, however, some of the reasons for the absence are still listed in the regulations.

Good reasons for absence from work

Firstly, it is an official absence from the workplace agreed with the employer.. These include:

For example, an employee, upon his application, can be granted unpaid leave in connection with the birth of a child (for the father), marriage and other family circumstances.

This fact of the absence of an employee at the workplace is known in advance and appropriate orders or orders have been issued. In addition, there may be a verbal agreement with the immediate supervisor that the employee will be absent from work for a certain time for personal reasons.

Secondly, reasons that have documentary evidence are recognized as valid... It is not known about them until the moment of absence, however, the employee can provide an official document that confirms the seriousness of the reason for being late or absent.

Such documents and grounds include:

• for temporary incapacity for work of an employee or his young child;
• the need to attend court sessions;
• participation in events held by law enforcement agencies;
• detention pending the finding of guilt.

Thirdly, various force majeure circumstances that led to being late or absent. These include man-made and natural disasters, road accidents, emergency situations at the employee's house, death of a close relative, etc.

For example, at night there was a hurricane, a tree fell and blocked the only exit from the entrance. We waited half a day for the arrival of emergency services, which removed the blockage and opened the door.

If possible, it is necessary to notify the employer about such circumstances before the registration of the fact of failure to appear at the workplace begins.

Fourthly, the reason for absence from the workplace may be the actions of the employer that violate labor laws. This can be more than 15 days, the denial of the worker restored by the court to the workplace, violations in the field of labor protection.

For example, if the payment of the money earned is delayed, an employee can write a statement on the suspension of his official duties and not appear at the workplace (Labor Code of the Russian Federation, art. 142).

Punishment under the Labor Code of the Russian Federation for absenteeism at work

The respectfulness of the reasons for the absence of the employee (other than those established by law) is given to the employer for consideration.

For unjustified absence from the workplace, the Labor Code provides for three types of disciplinary liability - reprimand, reprimand, dismissal (Labor Code of the Russian Federation, Art. 192). For some categories of employees, for example, state and municipal employees, the personnel of the armed forces, additional punishment may be provided for - demotion (position) or deprivation of a special insignia.

The employer can, but is not obliged to, impose penalties for absenteeism, for example, at work, an employee is considered a responsible person and performs official duties at the proper level. In this case, a single delay can be forgiven. Or get off with a verbal comment in a conversation with management.

When an employee systematically violates discipline, the supervisor applies the punishment for absenteeism in accordance with the labor code.

In addition to disciplinary liability, the company may also apply pecuniary punishment.

The system of monetary fines is prohibited by law, but an employee can be deprived of part or all of the amount of bonus payments.

Sometimes employees receive part of their salaries bypassing the law under various "gray" schemes, and the company management may fine them by not paying this money. The very fact of an unofficial salary can become a pretext for punishing both the management of the organization and its employees by the regulatory authorities.

If the company finishes workers for any violations, then this may be a reason for contacting the labor inspectorate. In such a situation, the employer will already receive a fine legally.

Registration of truancy at work without good reason

In order to apply measures of disciplinary or monetary punishment, it is necessary to correctly formalize the very fact of the employee's absence.

First, an act of absence from the workplace assigned to the employee is drawn up for an unknown reason. The time sheet is marked "НН".

If the employee does not appear for several days, it is better to draw up such acts daily, since after returning to work, the employee may provide documents for some of these days confirming the validity of his absence.

For example, an employee has been absent from work for two weeks. One act was drawn up for the entire period of absence. However, upon returning to his workplace, the truant presented a sick leave for an injury lasting one week. Such circumstances make the application of penalties problematic.

Then, after the appearance of the truant at work, it is necessary to request from him an explanation in writing about the reason for the absence. The employee is given two days to draw up this document. If he did not provide an explanation, then in the certificate of absence the mark “refused to explain the reason” should be put.

After that, a decision is made on the application of measures. Depending on the type of punishment, an order (order) is issued to issue a remark, reprimand or dismiss a negligent subordinate. He acquaints himself with this document under the signature.

Disciplinary punishment in the form of a remark or reprimand is not reflected in the work book of the offender, but the employee of the personnel department makes a note of this fact in the personal card or personal file of the truant.

Upon dismissal, Art. 81.6 of the Labor Code of the Russian Federation, such a reason for the termination of labor relations will create a lot of problems for a negligent employee when looking for work in the future.

The procedure for dismissal is the same as for any other. Payment of the due funds, compensation for unused vacation, issuance of a work book in the hands of an employee.

If the employee has not returned to his workplace after being absent for no good reason, then the last working day is the day when he was last at work.

In addition to documenting the fact of absence from the workplace, it is also necessary to comply with the terms for the application of the penalty.

Terms of Punishment for Absenteeism and Removal of a Disciplinary Penalty

Any kind of disciplinary punishment for absenteeism cannot be applied to a negligent employee if more than six months have passed since the absenteeism (Labor Code of the Russian Federation, Article 193). In addition, no more than a month should elapse after the discovery of the fact of absence from the workplace without a valid reason. This period does not include the employee's sick leave or leave, as well as the time period in which, if necessary, the permission of the trade union for the application of disciplinary liability is requested.

For one fact of truancy, only one type of punishment can be applied.

For example, you cannot reprimand a person and then fire him for a single case of truancy.

The disciplinary sanction is lifted one year after its imposition, if during this period the employee does not perform similar actions (Labor Code of the Russian Federation, Art. 194). This fact is taken into account when choosing measures of influence on the employee in case of repeated absenteeism. When more than a year has passed since the previous case of absence from the workplace, such an employee is considered punished for the first time.

If the employee has corrected himself and behaves in a disciplined manner, does not allow other violations in the work, then the manager has the right, by his order, to withdraw the penalty earlier than the deadline established in the legislation.

Appeal against penalty for absenteeism

In a situation where an employee does not agree with the fact of absenteeism or the correctness of the measure applied, he can appeal against the employer's actions in court.

To do this, the first thing an employee needs to do is not to sign documents that record the facts of violation.

The signature under the act of revealed absenteeism, the order on the application of a disciplinary penalty or the deprivation of the prize is an acknowledgment of the offense itself.

In addition, in writing, the employee must state his point of view on the fact of absenteeism that occurred, supporting, if possible, with official documents confirming his presence in another place and the impossibility of being at work.

2018-09-19T15: 20: 53 + 03: 00

https: // site / progul-na-rabote-tk-rf-nakazanie /

Absenteeism at work according to the Labor Code of the Russian Federation: What is the punishment for absent from work without a valid reason? What is considered absenteeism under the Labor Code and which article regulates the liability for absenteeism? When they can be fired for absenteeism, the procedure for dismissal and how to appeal the employee's dismissal.

What is considered truancy under the labor code? Absenteeism at work is an employee's absence from work without a valid reason for 4 hours in a row.

What will happen in just one day of absence from work? What orders are used to formalize disciplinary sanctions?

One of the most serious offenses in labor relations is absenteeism at work of the Labor Code of the Russian Federation, the punishment can be different. Such disregard for labor discipline can lead to not just a reprimand or severe reprimand, but even dismissal.

How to challenge dismissal in case of truancy? We will talk about this and not only further.

Absenteeism article of the Labor Code of the Russian Federation

General information regarding truancy at work and all types of punishments for it are contained in the Labor Code of the Russian Federation.

As for the internal labor regulations of a particular enterprise, the length of the working day or shift, such information will be contained in local acts, such as collective and labor contracts, or other agreements.

Effects

In Art. 192 of the Labor Code provides a list of all types of consequences awaiting a truant:

• comment;
• rebuke;
• dismissal under the article.

Separate federal laws also establish the consequences of violation of discipline in the form of truancy for government officials and military personnel.

Here is some of them:

• a warning;
• severe reprimand;
• depreciation;
• outfit out of turn;
• demotion in rank or rank;
• deprivation of the insignia;
• early termination of the contract.

Based on this, we can conclude that dismissal is considered the maximum penalty, any other types of punishment are considered unlawful.

Good reasons for absence from work

Firstly, it is an official absence from the workplace agreed with the employer. These include:

• business trips;
• fulfillment of public or trade union duties;
• labor, additional and educational leaves; time off;
• additional days of rest;
• other grounds provided for in labor or collective agreements.

For example, an employee, upon his application, can be granted unpaid leave in connection with the birth of a child (for the father), marriage and other family circumstances.

This fact of the absence of an employee at the workplace is known in advance and appropriate orders or orders have been issued. In addition, there may be a verbal agreement with the immediate supervisor that the employee will be absent from work for a certain time for personal reasons.

Secondly, reasons that have documentary evidence are recognized as valid. It is not known about them until the moment of absence, however, the employee can provide an official document that confirms the seriousness of the reason for being late or absent.

Such documents and grounds include:

• sick leave certificates for temporary incapacity for work of an employee or his young child;
• the need to attend court sessions;
• participation in events held by law enforcement agencies;
• detention pending the finding of guilt.

Thirdly, various force majeure circumstances that led to being late or absent. These include man-made and natural disasters, road accidents, emergency situations at the employee's house, death of a close relative, etc.

For example, at night there was a hurricane, a tree fell and blocked the only exit from the entrance. We waited half a day for the arrival of emergency services, which removed the blockage and opened the door.

If possible, it is necessary to notify the employer about such circumstances before the registration of the fact of failure to appear at the workplace begins.

Fourthly, the reason for absence from the workplace may be the actions of the employer that violate labor laws. This may be a delay in the payment of wages for more than 15 days, the inadmissibility of a worker restored by the court to the workplace, violations in the field of labor protection.

For example, if the payment of the money earned is delayed, an employee can write a statement on the suspension of his official duties and not appear at the workplace (Labor Code of the Russian Federation, art. 142).

What reason is considered disrespectful?

It does not matter how long an employee is absent from the workplace, the main thing is that he can explain his absence and document its respect. In this case, it will be possible to do without dismissal, although the fact that the employee did not warn about his intentions is rather unpleasant for the employer and can bring cooling in further relations.

A short or long absence will be considered a disciplinary offense if, for example:

1. The person overslept, forgot, or simply did not want to go to work.
2. For his own reasons, he left the place of work before its completion without the consent of the immediate supervisor.
3. Does not skip work, but refuses to fulfill his duties.
4. The circumstances of the failure to appear have not been clarified, but the employee himself refuses to provide explanations.

In this case, the employer can issue a dismissal order for absenteeism. Although there are other options for punishment, if the management, for special reasons, wants to mitigate the disciplinary sanction for the absentee.

When can you get fired for absenteeism?

Not every pass of a shift is a reason for dismissal. So that the subordinate dismissed due to truancy could not refute this order, through the court, the reason must be disrespectful. For legal dismissal, the following aspects must be observed:

• the entire work shift is missed (even if its duration is only a couple of hours) or more than 4 hours of working time;
• the employee must be absent from the official workplace;
• the reason for absenteeism must be disrespectful;
• evidence of absenteeism must be recorded.

According to the law, absence will not be considered a violation if less than 4 hours of working time are missed. In addition, absenteeism is not counted in cases when a person does not have a specifically designated work area, or he was in another department of the company. If a person could not inform the management of the absence or has a valid reason for absenteeism, then his absence should not be considered a violation of labor discipline.

In essence, a reprimand is not much different from a remark, but this measure is still more serious. For example, some enterprises introduce a system of punishment for employees, in which the presence of several reprimands is the basis for subsequent dismissal.

A reprimand is a negative assessment of the employee's actions by the employer, expressed by the latter in an official form. Like the remark, the reprimand is not recorded in the work book, however, it can be displayed in the employee's personal card.

The procedure for issuing a reprimand is similar to applying a notice and includes the following actions:

1. Preparation of documents confirming the guilt of the employee (act and memo on absenteeism).
2. Receiving a written explanation from the employee (in case of refusal to provide an explanation, an act is also drawn up).
3. The employer's decision regarding the employee's fault. For example, if the reason for absenteeism was valid (subpoena, accident, illness) and the employee is able to confirm this, the penalty may not apply.
4. Issuance of an order to issue a reprimand to an employee. Within three working days, he must be familiarized with it under signature.

The terms for imposing a reprimand are the same as for a remark - six months and a month from the date of the commission and detection of the offense, respectively.

After the end of the year, the reprimand is also removed from the employee, unless during this time he has committed new disciplinary offenses.

Actions by the employer

The boss should contact the employee to find out the reasons for the absenteeism. If this cannot be done, a registered letter is sent to the known address of residence, in which they set out the requirement to provide explanations regarding the reasons for the absence from work.

The citizen is given a two-day period to respond to the employer's administration, during which he is obliged to submit an explanation.

If the letter was returned with a note of the absence of a citizen at the indicated address, the employer must contact the neighbors or the station in order to find out the whereabouts of the employee.

This measure is necessary, because if an employee is found and a strong justification is provided for the absence of a person in the workplace, the employee is subject to full recovery through the court.

Thus, a prerequisite for dismissal under the article for absenteeism will be the presentation of indisputable evidence of the very fact of absenteeism without a good reason. The following papers will help to document the fact of the employee's absence from the workplace:

1. Record in the report card.
2. A drawn up act establishing the fact of the employee's absence.
3. A notice sent to the employee's home address requesting work.

Following this step-by-step procedure, the administration will be able to fire the truant without any undesirable consequences in the future:

1. Obtaining grounds for dismissal - drawing up a certificate of absence. The act is drawn up in free form, but must necessarily reflect information about a specific day, time, duration of absence.
2. Certification of the act by witnesses.
3. If there are several absenteeism, the act is signed for each of the days of absenteeism.
4. Explanatory requirement. In the event that an employee appears at the workplace, the administration requires an explanation of the fact of an inconsistent failure to appear
5. Within two days after receiving the request to provide an explanatory note, the employee prepares a note stating the reasons for his absence.
6. If the note is not provided within the required time limit, this is recorded in the presence of three witnesses in the corresponding act.
7. The manager prepares a memo addressed to the director of the organization with the attachment of a note from the employee.
8. If the reason for failure to appear is found to be disrespectful, they issue an order in accordance with the strictly established form T-8.

This order serves as the basis for further dismissal procedure. Because any deviation from the statutory sample will allow it to be challenged in court... When drawing up and issuing an order, they are guided by the following instructions:

1. The date of termination of the employment agreement must be reflected.
2. The reason for dismissal is indicated.
3. The order mentions documents that have become evidence of absenteeism.

Three days are given to familiarize the employee with the order, with the subsequent registration of the order in a special personnel register. Changes are made to the time sheet: the NN mark changes to PR, which fixes the fact of absenteeism.

It is very important to fire a negligent employee correctly, making correct entries about this in the labor document:

• in the first column indicate the number of the record in order;
• in the second - the date of the event;
• the third column is filled in with information on dismissal, indicating article 81 of the Labor Code of the Russian Federation;
• in the fourth indicate the number and date of the order.

After the completion of the registration, the employee is given the last documents, settlement documents, and if the employee did not appear at work, if it is impossible to hand over the documents, they are sent to the address of the dismissed by registered mail.

Before giving the labor to the dismissed, the records are duplicated in a personal card in the T-2 form with their certification by the employee's signature. Each record from the employment must be reflected in the card and certified by the signature of the dismissed employee.

According to Article 81 of the Labor Code (subparagraphs a, clause 6, part 1), as the basis for dismissal, an entry is made in the employment letter of dismissal "in connection with a 1-time gross violation of labor duties." In order to avoid problems with the FSS in the future, a copy is made from the work book and transferred to the archive.

Features of the concept of "truancy"

Absence from the workplace for 4 hours is considered absenteeism At the end of today's article, it will not be superfluous to pay attention to all sorts of legislative subtleties and nuances of absenteeism. Of course, the main and most of the features of the concept have already been highlighted above, but a small part of the unmarked ones has also remained.

More precisely, we are talking about the following:

• First, you should write a few words about forced truancy. This combination of words in the Labor Code of the Russian Federation means that the employee did not show up at the workplace through no fault of his own, but because of the employer's carelessness or any natural disasters. The presence of such circumstances makes it impossible to dismiss the "truant", so the adoption of even less significant punishments will be illegal here. Examples of forced absenteeism include the absence of a worker at the workplace due to his illegal transfer to another position, violations in the process of formalizing labor relations with the employer, and similar reasons.
• Second, let's look at the less severe and more commonly applicable penalties for truancy. Today, in the labor sphere of the Russian Federation, reprimands are the most common in this regard. The procedure for presenting them to truants is completely similar to that described for dismissal, so its implementation usually does not cause any difficulties for anyone. Less often, instead of reprimands, the deprivation of bonuses is used, if such is stipulated in the employment contract, or similar forms of punishment.
• And thirdly, a few suggestions about whether it is only worth challenging the dismissal for absenteeism. It all depends on the wishes of the employee, his place of work and, most importantly, the fairness of the dismissal. If the latter was implemented completely legally, it makes no sense to sue the employer. In other cases, it is quite possible to try to fully or partially restore the rights. Do you need it? Decide for yourself.

The procedure for dismissing an employee for absenteeism

First of all, the employer must establish whether the employee has committed absenteeism. The definition of truancy is given in the Labor Code of the Russian Federation. This is absenteeism for no good reason, that is:

• absence of an employee at his workplace during the whole working day. In this case, the duration of the shift or working day does not matter;
• absence of an employee for 4 hours in a row at his workplace without good reason;
• absence of an employee who has entered into an employment contract for an indefinite period at his workplace without warning the employer that he wants to terminate the employment contract;
• absence of an employee at the workplace after writing a letter of resignation, not having completed the prescribed 2 weeks. At the same time, the employee is not a "beneficiary" and must work out this period;
• absence of an employee who has entered into a fixed-term employment contract at his workplace before the expiration of this contract and without warning of its termination;
• unauthorized use of time off or unauthorized leave on vacation. It is considered unauthorized to use time off and leave without warning the employer and without writing the appropriate document.

Punishment order for absenteeism without good reason

Based on the above, if your reason is not in any way involved in a respectful one, the next step is quite likely - an order for punishment.

In order to motivate their employees to be more punctual and not want to skip working hours, it may be ordered to recover compensation from them for the damage caused to the employer during the absence. Usually, funds are deducted from the offender's salary and compensation cannot exceed a quarter of the amount of earnings.

Disciplinary order for absenteeism - sample

Usually, before thinking about extreme measures after a person has allowed himself a small (or significant, depending on the situation) offense, the following scheme is used:

• First, he needs to point out that he is wrong in a remark;
• If your remark was not authoritative for the employee and he does not disdain to repeat his uncomplicated action, then a reprimand follows (for greater persuasiveness, it can be written);
• If this measure also passed the employee's ears, there is no point in continuing to enter into the position of such behavior, immediately prepare an order to dismiss such a person, not sparing the "beautiful" speech turns in his work book.

Sample

The current labor legislation does not provide a unified form for the order to impose disciplines. foreclosure. Therefore, the employer will have to compose the text on their own.

The text of the order should be composed of a statement, an administrative and a concluding part.

The ascertaining part includes:

• details of the documents used in the course of the investigation (memoranda, acts, etc.);
• a description of the fact of a disciplinary offense with references to the norms of labor legislation violated by the employee.

The administrative part includes the text of the final decision on the type and nature of the penalty imposed, and in the final - the date of compilation, the signature of the head of the company, the seal of the organization.

After the completion of the investigation, the second part of the procedure follows, carried out in accordance with Art. 84.1. Labor Code of the Russian Federation.

This article of the Labor Code of the Russian Federation does not give the terms of dismissal for absenteeism, but it seems that the date specified in the order will be the final date of dismissal.

First of all, the head issues an order to terminate labor relations in a uniform T-8 form or in an organization form, which indicates:

• the date of the conclusion of the employment contract and the end of its validity;
• The full name of the offending employee, his position, the name of the structural unit where he worked;
• basis for termination of relations (entry in labor) - p. “A” clause 6 of Art. 81 of the Labor Code of the Russian Federation;
• documents confirming absenteeism (memo, certificate of absence from the workplace, etc.);
• signature of the head of the company and transcript.

At the request of the employee, an order in the form of a company or T-8 must be issued to him, having previously certified the document.

At the final stage of the procedure, the final settlement is made with the employee.

The amount of the fine for absenteeism at work

According to the Labor Code of the Russian Federation, the employer cannot impose a fine on his ward for failure to appear. Therefore, on the one hand, one might think that it is illegal. But, as a rule, directors and owners of organizations ignore this fact, and sometimes write out fines for such violations, but not more than five thousand rubles.

Regardless of the amount of the fine, the employee can challenge it, and, moreover, has the right to go to court. But the deprivation of the bonus does not apply to a fine (that is why directors come to this type of collection), and, accordingly, this decision cannot be challenged.

Dismissal for violation of labor discipline

Subject to all temporary (absence for more than 4 hours in a row) and conceptual norms (the workplace is qualified as a place where the employee directly performs his labor function - a machine, office, device) and qualification of the employee's act as absenteeism, the employer must:

Draw up an act on the absence of a specific employee at the workplace. This document must contain all the detailed information about this employee - initials, position, circumstances in which the employee is not present, the time of absence and, of course, the time of drawing up the act;

Obtaining an explanation from the employee when establishing the fact of absenteeism and the presence of the corresponding act. Such explanations are made in the form of explanatory.

The employee may refuse to give any explanations (by which he himself will lead himself to the termination of labor relations and dismissal, since he will not be able to explain his position). In this case, a corresponding mark is put on the act of truancy. Also, if after two days the employee does not provide appropriate explanations, it is necessary to draw up a special act (the form is determined by Article 193 of the Labor Code of the Russian Federation);

Upon receipt of an explanatory letter, if the facts do not relieve the employee of responsibility in the employer's opinion, termination of labor relations is formalized in accordance with the law (Article 81, 84.1 of the Labor Code of the Russian Federation).

Upon dismissal for absenteeism, there is no necessary special procedure, all actions are standard - drawing up an order for the organization (institution), making payments with the employee for all types of payments due and issuing the relevant documents.

As a result, the employee may not be held liable for absenteeism if only he independently proves the reason for his absence from work as respectful (the labor inspectorate adheres to the same position in its letter of October 31, 2008 N 5916-TZ).

1. In case of absenteeism for several days without good reason, it is recommended to record every day in the order.
2. In the event of a period of temporary disability after the employee's leave with a supporting document, the termination of the employment contract is allowed only after recovery.
3. Refuse to draw up an act of absenteeism "retroactively" - the court will easily reveal this fact, which will give an additional advantage to the employee.
4. It is not allowed to deprive an employee of bonuses or other salary allowances due to absenteeism.
5. Dismissal record according to PP. "A" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation is recorded in the work book. It is possible to indicate the wording as "dismissed for absenteeism" or "the employment contract with the employee was terminated at the initiative of the employer", with a reference to Art. Labor Code of the Russian Federation.

Is it required to reflect the period of absenteeism in the order of dismissal

Legislation does not establish requirements for the employer to indicate the period of absenteeism in the order of dismissal. However, judicial practice speaks of the need to indicate in the order a detailed statement of the facts and circumstances of the misconduct, the course of the judicial investigation, indicating the employee's previous behavior.

What are the legal implications

It is important to understand the need for a measure of influence on the absent worker. Yes, the employer has the right to end the proceedings with dismissal under the absenteeism article. At the same time, such a norm is not mandatory. That is, mandatory.

In general, the legislator grants companies the right, at their discretion, to dismiss for absenteeism under the Labor Code. But it all depends on the very factors that we mentioned at the beginning of the article.

That is, the severity of the committed disciplinary offense and the degree of respect for a particular employer may serve as a basis for imposing less severe consequences on the guilty burden. Indeed, in addition to absenteeism, you can limit yourself to a remark or, in extreme cases, a reprimand and not to deprive him of the right to continue to perform his labor functions. In addition, the employee always has a chance to challenge the unlawful dismissal, within the framework of which the proportionality of the punishment for the misconduct will be taken into account.

It is unlikely that a working person does not have information that there is an article for dismissal for absenteeism. In this context, it is advisable to consider in detail in what circumstances its use is lawful. After all, sometimes the leaders abuse the threat of imposition of punishment.

Absenteeism criteria for TC

The Labor Code describes the rights of workers, at the same time explains under what circumstances the employing party can justifiably terminate the employment agreement of its own free will.

Among the significant factors, even in a single case of neglect of labor duties, in paragraph 6 of article 81 of the article, the failure of the worker is spelled out, provided that there is no justifiable justifiable reason, namely absenteeism.

Basic criteria for determination:

1. Absenteeism is an absence from the workplace for more than 4 hours or, as an option, during a complete shift.
2. The presence of a good reason, with documentary evidence, fully justifies the absence of a labor participant to work.

Hence, it turns out that not all cases of a subordinate's admission, which is unexpected for the head, can be classified as absenteeism and punishment established.

Memorandum on violation of labor discipline

How many hours can you walk without the risk of being fired?

If a shift work schedule is established, and the duration of the shift is 4 hours or less, an employee can be recognized as a truant only if the working time is completely missed. Should work 2 hours a day, did not come for these 2 hours - this is absenteeism, the article of the Labor Code of the Russian Federation confirms. He showed up 1 hour and 45 minutes after the start of working hours, in this case, not absenteeism, although there were only 15 minutes left until the end.

If shifts are longer or an employee works on a standard 8-hour schedule, more than 4 hours must be absent to classify absences as absenteeism. Absent for exactly 4 hours or 240 minutes - not absenteeism. The definition of what is considered truancy according to the Labor Code unequivocally states - more than 4 hours.

It is not legal to add up hours of absence. The hired performer of the labor function was 2 hours late on Friday, 3 hours late on Tuesday. This cannot be considered a truancy. It is a mistake to conclude that you can be systematically absent from work. Numerous violations of labor discipline also give the employer the right to part with a person who is unable to show up on time.

The break does not count towards truancy hours. For clarification, a specific case should be considered. The specialist has an 8-hour working day from 9 to 18 with a lunch break from 13 to 14. He was absent from 9 to 13, it would seem, 4 hours 30 minutes, prepare an order. However, the lunch time prescribed in the employment agreement or other documents is not taken into account. The offender was absent for exactly 4 hours, the term absenteeism cannot be used. He arrived at 14.05 and does not have a voucher - absenteeism.

Reasons that can justify a truant

A working citizen has a guaranteed right to vacation. The director requires the employee to complete the work during this period and threatens with an article for absenteeism, the refusal of a specialist is legitimate. Such a situation cannot be classified as absenteeism for no good reason.

An important detail: the vacation is a planned event. No one is immune from situations where the need to be absent arises spontaneously.

The employer will not dispute valid reasons in a number of cases:

1. If you need the help of medical personnel. It is allowed to contact the medical service and support when there is a threat to the life and health of a colleague. A doctor's note will fully justify the pass.
2. If you are under investigation or participate in investigative measures in the role of a witness, an attesting witness. However, we must not forget about the supporting document.
3. If your payment is delayed more than 15 days. It is necessary to notify the company and write an application in advance. Be sure to capture the fact of its transfer, leave a copy for yourself. It would be rational to simultaneously report a flagrant violation to the labor inspectorate.
4. If you donated blood or underwent the necessary research.
5. If insurmountable events prevented you from appearing on the spot: flight postponement, accident, natural disaster, and the like. A supporting document will be required in this case as well.

Since the labor legislation of our country does not provide a clear and unambiguous clarification of valid reasons, if in doubt, it is better to familiarize yourself with the existing judicial practice and make a decision based on precedents.

Explanatory note on absence from work

Article for dismissal for absenteeism, restrictions

An analysis of regulatory documents shows that if absenteeism is absolutely unambiguous, an employee cannot always be asked to collect things. It's a bad idea to part with a woman in a position for absenteeism, no matter when the fact of expecting a child has been established.

The procedure for dismissal for absenteeism of underage workers has special features. It is necessary to coordinate with the State Labor Inspectorate and the Commission on Minors' Affairs and Protection of Their Rights.

An article for absenteeism does not oblige the employer to abruptly break off relations with the employee. The head of the organization has the right to make a more loyal decision, use a different disciplinary sanction. It is undeniable that a person can receive no more than one punishment for a misdemeanor. It is unlawful to reprimand and fire at the same time.

An employee cannot be deprived of work for absenteeism if the term for the application of the punishment has expired, that is, more than 6 months from the day the offense was committed or 1 month after the fact was revealed.

Algorithm for registration of truancy

When the employer plans to say goodbye to the offender who is absent from the office, it is better not to waste time, to immediately form an act (registration with the past number is not allowed). A single universal form of paper has not been established. As a rule, the organization independently determines its type.

Mandatory conditions:

• fixing the date and time of the employee's absence with absolute accuracy;
• stamping the exact date and time of writing the act;
• the presence of witnesses (it is permissible for colleagues to act in this role) confirming absenteeism by signatures on official paper.

The violator of the routine does not attend work for several days, similar to shifts, in a row - each time a separate act is drawn up.

In the report card, before the return of a potential truant, a failure to appear for unexplained reasons is displayed. Subsequently, the absence premise must be classified as either respectful or disrespectful.

The employer's obligation is to request an explanatory note from the truant and submit the act for review. This can be done in person or by a registered letter if the truant does not appear for a long time.

If a person does not agree to make contact, refuses to give explanations in writing, the fact is recorded by another act. Involvement of witnesses is obligatory.

The next step is to notify the CEO of the enterprise. To do this, the head of the absentee sends a report, mentions in the text that there was an absence from the workplace without a good reason, records his assessment of the events. The author expresses his position regarding the deserved punishment.

In the case of a cardinal attitude, an order of dismissal is drawn up. The text contains links to all documents signed in connection with absenteeism. The former employee should be given the opportunity to read the official paper and sign. In case of refusal, the next act is formed.

Employment book entry, mandatory payments

If the nuances and subtleties of the regulations for the dismissal of a hired specialist during absenteeism are observed, an entry in the work book in accordance with the established model becomes a fixing step on the way to parting with the employer. It reflects the reason and refers to an article of the Labor Code.

The work record book is handed over to the person who has walked away or is sent by mail in a registered format by mail.

Employment history

Sometimes a loyal leader asks the offender to file a letter of resignation with a softer basis, of his own free will. In this case, the mention of parting with the employer under the article in the documents and labor does not fit. The process of finding a new job will be much easier.

Dismissal of an employee for absenteeism is not a reason to cancel mandatory payments when settling with the offender.

• hours worked;
• days of the due vacation in the format of compensation;
• sick leave, travel and other expenses confirmed by documents and not paid before.

Objections from the organization are grounds for filing a court application.

Reinstatement after dismissal for absenteeism

It so happens that a person who has lost his position is firmly convinced that dismissal for absenteeism is a mistake by the company. There is a chance to try to challenge the injustice and return to your place. It is permissible to file a claim within a month from the date of familiarization with the order or delivery of the work book.

The court will assess the disputable situation from several sides:

1. Whether there was a neglect of the work time precisely without a good reason.
2. How legally competent is the procedure for terminating labor relations (whether acts, orders and other documents have been drawn up; is there evidence of witnesses; do the dates and time intervals converge).
3. Are the clauses of the employment contract and the internal labor regulations spelled out correctly? Working hours should be clearly marked (from 10.00 to 19.00, from 10.00 to 22.00 or another option), place: a specific office, office, warehouse, general area of ​​the enterprise.

If during the proceedings it is established that the former employee was not present for a good reason and can confirm that the employer forced him to appear in the office at the time when the person had the statutory right to refuse, the acts were drawn up with errors, then the judge will approve the decision in favor of reinstatement for the previous position. He will also consider the issue of payment of funds for forced stay outside the workplace, the costs of judicial measures, compensation for moral damage.

Dismissal under the article for absenteeism is a procedure that requires specialists in charge of personnel documents and legal control in an organization to strictly adhere to many rules. However, it is rash to hope that it will be possible to avoid punishment for failure to appear without a worthy excuse. The optimal solution is to agree on an unexpected pass with your line manager as early as possible and not to lead to the application of disciplinary sanctions.

There are situations when an employee does not come to work for a long time without a valid reason. The manager has a reason to apply a harsh disciplinary measure - to fire him for absenteeism.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

This procedure should be carried out in a certain sequence, observing the terms and rules of paperwork.

The legislative framework

The regulatory framework consists of:

• Labor Code of the Russian Federation: Art. 81, 192, 142, 193, 261, 392, 140.
• Resolution No. 1 "On approval of forms of documentation for accounting for labor and remuneration."

The text of the documents can be found here:

What is considered to be truancy?

Absenteeism - absence of an employee from the workplace for more than four hours. The situation is equated to it when the management is not warned in advance about the early termination of the contract.

Other situations:

• arbitrary use;
• going to the main or off-schedule or without the permission of the boss;
• refusal to work for two weeks at.

There are two possible scenarios for the development of events in the future:

• the reason turns out to be significant, there are supporting documents - you can not punish for absenteeism;
• the employee was absent without a good reason - it is possible to take measures to collect (at the discretion of the management).

The punishment takes into account the degree of damage to the enterprise and the prevailing circumstances. You also need to take into account the requirements of the Labor Law and local acts.

The consequences for a truant can be different:

• a warning;
• a written reprimand;
• dismissal.

Good reasons for absenteeism include:

• seeking medical attention;
• finding or caring for disabled relatives;
• passing a medical examination, which is mandatory for a number of specialties;
• participation in investigative actions, in court.

A good reason is documented (certificate, certificate of incapacity for work, etc.).

If the payment is delayed for 15 days, the employee has the right to suspend the activity until the payment is made.

However, he must notify management of the intention in writing.

What if an employee does not show up for work?

First of all, the boss writes a notification of the incident to the higher management. The document indicates the time and duration of the absence.

After that, the specialist of the personnel department makes a mark in the report card, entering the letter designation "НН" opposite the surname, and the accounting department suspends the calculation of wages.

The boss should contact the employee to find out the reasons for the absenteeism.

If this cannot be done, he sends a certified letter to the place of residence with a requirement to present an explanatory letter.

• After the successful receipt of the letter, a period of two days (maximum a week) is given for the presentation of an explanatory letter.
• When returning a letter with a note of non-receipt, it is recommended to contact your neighbors, district police officer and other people. If the employee is dismissed without trial, and the reason is valid, the court will require reinstatement.

Step-by-step instructions for dismissal for truancy

When deciding to terminate a contract with an employee, you will need to document the fact of absenteeism.

The confirmation will be:

• mark in the report card;
• the act of absence from the workplace;
• a notification sent home asking to go to work.

Personnel specialists need to strictly follow the procedure and procedure for dismissal for absenteeism.

The process consists of the following steps:

• Recording the fact of failure to appear during working hours - an act is drawn up. The document does not have a unified form, therefore it is written in an arbitrary form. The text contains the date, time and duration of the absence. An example is shown in the figure (file 2).
• The act is certified by the signatures of at least three witnesses. If the employee was absent for several days, then the document is drawn up separately for each of them. Only the current date is stamped, the design with a later date invalidates it.
• Provision of the act and the requirement of an explanatory note. All this happens immediately after the return of the employee to the enterprise. He is obliged to indicate valid reasons for absence and proof. According to the Labor Code, 2 days are given for the preparation of documents. In case of non-fulfillment or refusal, an act of failure to provide an explanatory note is created. The officer will need to sign it in front of three witnesses.
• Drawing up a memo. An explanatory note is attached to it, everything is transferred to the head of the enterprise.

Example of an act:

An example of a truancy act

Example of an employee explanatory note:

An example of an explanatory

Memorandum form:

Based on the explanations received, a decision is made on whether the dismissal will follow for absenteeism.

If the reason is considered unsatisfactory, the personnel worker issues an appropriate order - it is drawn up according to a special template (form T-8):

The document must be drawn up correctly, strictly observing the legal norms. The slightest discrepancy will be the basis for challenging the decision.

Primary requirements:

• the date of termination of the contract is entered;
• a reference is made to the reason for the dismissal;
• the documents confirming the fact of absenteeism are listed.

Within three days from the date of publication of the order, it is necessary to familiarize the truant. Further, the document is registered in the personnel journal.

In the time sheet, the letter code "NN" is replaced by "PR" - absenteeism.

Information about dismissal is entered into a personal card. The signature of the employee is required.

An entry is made in the work book about the termination of the contract - the columns must contain:

• №1 - serial number;
• No. 2 - date of the incident;
• No. 3 - information about the dismissal and a link to the law;
• No. 4 - order details.

Example:

Issuance of a work book to an employee, entry in accounting documents. If necessary, it is sent by registered mail to the address of residence.

Terms of dismissal for absenteeism:

• from the date of the offense - 6 months;
• from the moment of discovery - 1 month.

The decision can be appealed within 30 days from the date of delivery of a photocopy of the order of dismissal or receipt of a work book.

Cancellation of the contract retroactively is illegal except in two cases:

• long time of absence;
• death of an employee.

Payments and compensation

Upon dismissal of an employee, it is necessary to calculate the salary for the hours worked, taking into account the compensation for unused vacation (main and additional).

According to the law, the employer cannot have reasons to refuse.

When calculating, the following actions are performed:

• The number of calendar days for the worked month is determined.
• The period for which the employee must receive compensation is specified. The result is rounded up to a full month if the surplus is 15 days or more, otherwise it is not taken into account.

The amount of payments is calculated according to the formula:

Compensation = ЗПср.дх vacation days

If the calculation period has been fully worked out, the average daily earnings are determined as follows:

ЗПср.д = (ЗПр.п.) / (DNI.tot.x 29.4)

ZP r.p. - wages for the billing period;

DNI.total. - the total number of calendar days;

29.4 is the average number of days in a month.

If the calculation period has not been fully worked out, the formula is applied:

ЗПср.дн. = (ЗП р.п.) / (Npol.x 29 days x 1.4)

Personal income tax payment - 13%

Example:

Let's find the number of days actually worked. The employee did not go to the enterprise from February 22 to 26, that is, the desired value is 22.

We determine the number of months for which compensation is due.

Since N.V. Lebedeva signed an employment contract on November 2, 2019, then she worked in full for 3 months and 20 days. The surplus is more than 15 days, therefore, round the result to 4 months.

Salary N.V. Lebedeva in February will be: 22 days x 935 rubles. = RUB 20,570

Payments for unused vacation that the employer must provide in accordance with Art. 140 of the Labor Code of the Russian Federation:
935 rubles x 4 months x 2.33 days = 8714.2 rubles.

The management of LLC "Put" is obliged to issue N.V. Lebedeva RUB 29,284.2

Deadline - no later than the next day after the submission of the request for settlement.

Controversial situations

According to article 261 of the Labor Code of the Russian Federation, it is prohibited even in case of violation of discipline.

When a manager illegally terminates an employment contract due to absenteeism, the employee performs the following actions:

• indicates its position in a written explanation;
• submits to the case a photocopy of the release magazine with a signature on the day that was mistakenly considered absenteeism;
• collects other evidence in his defense.

Sometimes subordinates try to deceive employers, claiming that the reason for the absence was valid, when in fact the question is dubious.

In this case, it is necessary to collect a maximum of documents confirming the fear of the management, as well as the testimony of witnesses against signature.

Practice situation:

A commission consisting of a head, a mechanic and an accountant drew up an act on the absence of G.V. Prokhorov (driver) at the workplace from 11.00-17.00. The man claims that at that time he was in a car service, as he was repairing a gazelle.