Today we will clarify such an urgent issue as dismissal for absenteeism, according to Article 81 of the Labor Code of the Russian Federation. Consider what actions can be regarded as absenteeism and how the employer should act in order to legally dismiss a negligent employee, and the employee not to be fired illegally. We will outline the instructions for action, both for the employee and for the employer.

According to the Labor Code of the Russian Federation, absenteeism is the absence of an employee without a valid reason for more than 4 hours in a row during a working day or shift.

Walking according to the Labor Code of the Russian Federation

Since absenteeism is considered gross violation of labor obligations , then the legislator establishes in such a way that it is realistic to dismiss even for one absenteeism, without imposing disciplinary penalties, without collecting a systematic base of violations by this employee.

Let's go over the points of what absenteeism consists of in the legal sense. Because many employers interpret this concept as they please, in connection with which later problems arise for both the management and the employees who have no relationship with the management.

That is, the employer must establish and document that:

1. The employee was absent from the workplace
2. More 4 hours straight on one work shift
3. There was no good reason
4. Absenteeism was identified immediately or no later than the expiration of a month from the date of the misconduct (statute of limitations)

Absence from the workplace

It is very interesting that the workplace is understood as an office, workshop, office space, and a large area. Therefore, the absence of an employee at any one point of production does not mean that he is absent from the workplace and does not fulfill his duties.

In this matter, it should be regulated by a job description, an employment contract or other internal acts that establish a workplace for a specific employee. Also, the Labor Code of the Russian Federation stipulates that a workplace is a territory where you need to arrive in order for an employee to carry out his duties.

There is a type of activity when an employee is noted in the organization in the morning and at the end of the working day at meetings, and performs work functions away from the organization. Then the employer carries out field checks to control the location of the employee and the process of exercising his functions.

What time of absence from the workplace is considered absenteeism

The Labor Code clearly defines the time period, more than 4 hours. It's not even exactly 4 hours. The lunch break does not count during the absence of the employee. For being late less than 4 hours, for systematic lateness, an employee can be disciplined, but not fired for absenteeism. It will be illegal.

The time of absence of an employee at the place of performance of duties can be summed up. But only during one work shift. You can not add late and late afternoon, for example, a week.

A truancy is also considered:

• if the employee leaves the shift ahead of schedule
• uses time off at its own discretion without warning
• going on vacation out of schedule
• refusal to work 2 weeks after dismissal of their own accord

Good reasons for truancy at work

In 2018, as before, the legislation did not specify a complete exact list of valid reasons. The investigation remains an individual matter of each individual employee and employer, the general principle that unites all the reasons is that they did not occur at the will of the employee, he was not the initiator.

The most common good reasons are:

• or illness, death of a close relative
• emergencies (the list is quite extensive)
• housing emergencies
• employee performance of civic obligations
• arrest
• blood donation or medical examination
• delay wages for more than 15 days(can be considered respectful, in practice everything does not always go smoothly)

A valid reason should be formalized as far as the situation permits. Also, testimony, explanations of witnesses, are accepted as evidence in the future in the proceedings for illegal dismissal. Therefore, it is better to take care of this in advance, to take the contacts of persons with whom you find yourself in this or that situation.

There are times when a manager wants to get rid of an employee, releases him for personal needs orally, without formalizing it. And then the same fact of absence from the workplace is imputed to the employee as a violation.

Statute of limitations for misconduct

The time limits for misconduct specified in the legislation:

• from the date of the misconduct by the employee not more than six months
• no more than one month from the moment the offense was discovered

Step-by-step instructions for dismissal for absenteeism in 2018 for an employer

When you are sure that an employee deliberately skips work, does not get in touch, is lying, then you need to act exclusively within the framework of the law in order to avoid unnecessary judicial red tape and expenses.

1. First it is necessary to consolidate the fact that the employee is absent from the workplace. Draw up an act where the period of absence from the workplace is clearly prescribed. It must be signed by two witnesses, usually the human resources department and another employee. When the employee appears, be sure to familiarize him with the document, certify him with a signature. Before the employee appears, several acts are drawn up

2. Secondly, in the time sheet, the employee is given a failure to appear for an unexplained reason, not absenteeism

4.Fourth, when the employee appears, it is necessary to demand that explanations be given in writing, or if the employee refuses to explain the situation, then an act of refusal from written explanations is drawn up. Explanatory deadline 2 days

5. If the employee does not appear, the employer sends a letter to the employee's address with questions about the reasons for absenteeism, the receipt for sending the letter is saved

6. The next step is for the employer to decide on the validity of the reasons for the employee's absence. Necessarily taking into account his explanations, or refusal of such, and the documents provided

7. Then, makes a decision on disciplinary action without dismissal, dismissal for absenteeism under the article, or not being attracted to

8. If a decision on dismissal is made, then a dismissal order is drawn up according to paragraphs. "A", clause 6 of article 81 of the Labor Code of the Russian Federation. The employee must be familiarized with the order within three working days apart from absence from work. If you refuse to familiarize yourself with the order, an act is drawn up with the signature of two witnesses

A corresponding entry is made in the work book. All cash payments are paid, a work book is issued with a list in the work book book. If the employee is not for labor and does not agree to send it by mail, then kept labor for 75 years.

Upon dismissal of an employee, it is necessary to calculate the salary for the actual time worked, taking into account the compensation for unused vacation.

Also, the employee will most likely need a 2-NDFL certificate, it also needs to be prepared and issued to the employee.

Pregnant women, minors, or an employee during illness or vacation cannot be dismissed as usual.

We will talk about what an employee should do in case of illegal dismissal in a separate article -

To avoid unnecessary problems with the law and unnecessary spending, it is very important to comply with all points of the order of dismissal. Without neglecting the paperwork, which in the future can become the evidence base for the legality of dismissal by the employer.

According to the Resolution of the Plenum of the Supreme Court of February 17, 2004 No. 2, absenteeism is recognized as:

• absence from work (outside the workplace) without good reason for more than 4 hours in a row during the working day;
• unauthorized use of rest days;
• unauthorized leave on vacation.

A normal and responsible employee will always warn the employer if something happens to him and he does not go to work. But if he disappeared and does not answer phone calls, he is probably skipping. Let's analyze the procedure for issuing dismissal for absenteeism.

Step 1. We fix the fact of absence

A free-form act is drawn up in the presence of two witnesses.

Sample of the employee's absence from the workplace

Sample form of the employee's absence from the workplace

On the first day of such acts, at least two must be done. The first is before lunch, the second is before the end of the working day. On the following days (no more than three), one act is drawn up for each day of absence. If the employee still does not appear, the employer continues to draw up one act per week until the person actually appears at work or a decision is made to send him questions about the reasons for absence by mail. Upon dismissal, this act will serve as one of the supporting documents.

Step 2. We mark the failure to appear in the timesheet

Until the employee goes to work and explains the reasons for his absence, it is necessary to put the codes in: NN code (failure to appear for an unexplained reason). It is impossible to put the PR (absenteeism) code until the written explanations (or the act of refusal to provide explanations) are provided, the court may subsequently recognize such a position as biased, and the dismissal - illegal.

Sample of fixing absenteeism in the time sheet

Until a written explanation is received

After receiving a written explanation

Step 3. We inform the management of the company

On the very first day of the employee's absence, his manager must inform the general director of this. This message is drawn up in the form or a memo, in which:

• the situation is briefly described (the employee did not appear at work and does not get in touch);
• contains a proposal to receive written explanations from the employee, followed by a decision to bring him to disciplinary responsibility, including in the form of dismissal.

Sample memo on absenteeism of an employee

Step 4. Asking questions

If the employee does not appear for a long time, does not answer phone calls, the employer has the opportunity to send him questions about the reasons for his absence by mail. In this case, an official letter is drawn up on the organization's letterhead with a requirement to explain the reasons for the absence. The CEO must sign such a letter. The letter is sent with an inventory of the attachment (for subsequent presentation to the court with a receipt for payment of the postage).

The letter must indicate the deadline by which the employee must provide his explanations. This period should be reasonable, for example 15 calendar days, and include the time:

• mailing to the addressee;
• the actual writing of the explanation;
• return postage.

As noted Vladislav Varshavsky, Managing Partner, Varshavsky & Partners Law Firm, the employee must definitely request an explanation of the reasons for absence from work, since the employee's right to provide explanations is provided for by law. Otherwise, the decision of the employer to fire a subordinate for absenteeism may be recognized by the court as unfounded. As an example, the lawyer cited the Definition of the Moscow City Court dated July 30, 2018 No. 4g / 7-8964 / 18, from which the following conclusion can be drawn: the employer did not provide the employee with the opportunity to explain the reasons for his absence from the workplace, which means that he significantly violated the procedure for dismissal on his own initiative. On this basis, the dismissal was declared illegal, and the employer had to reinstate the employee in his position, pay him the average earnings for the period of forced absence and compensate for moral damage.

If after a reasonable period of time there is no response or the letter is returned due to the expiration of its storage period, it is necessary to draw up an act of refusal to provide explanations. It is he who may be needed to justify the subsequent dismissal in court.

Sample statement of refusal to provide written explanations

Sample letter asking for reasons for absenteeism

If the employee appeared at work and did not provide supporting documents, on the same day he must be served with questions about the reasons for his absence. He has two working days to write his explanation. If after this time no explanations are provided, on the third day an act of refusal to provide written explanations is drawn up. If substantive explanations are provided, proceed to the next step.

Step 5. Assess the validity of the reason for absence

(if there is an act of waiver, this step can be skipped)

If the management decided to dismiss the culprit, the order is drawn up according to the unified form T-8. Registration of dismissal for absenteeism is carried out according to Article 81 of the Labor Code of the Russian Federation.

Sample order of dismissal for absenteeism

Step 8. Introduce the employee to the order

The employee must be made aware of or the application of a disciplinary sanction to him (no matter what it will be - a reprimand or dismissal) within three working days from the date of its publication (not counting the time the employee is absent from work). If he refuses to familiarize himself with the order, an act is drawn up in an arbitrary form in the presence of two witnesses.

Step 9. Fill out the work book

Sample entry in the work book when dismissing for absenteeism

Step 10. We issue a work book

On the last working day, the employee must be paid all cash payments due to him, as well. For its receipt, the recipient signs in.

If he refuses, we draw up an act in any form in the presence of two witnesses.

If a person is actually absent on the day of his dismissal (the last day of his work), the employee of the personnel department on that day is obliged to send a notice of the need to appear for his work book or agree to be sent by mail.

If the person did not come and did not provide consent, the employer is obliged to keep such a work book for 75 years.

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

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 agreements, or other agreements.

Effects

In Art. 192 of the Labor Code provides a list of all types of consequences awaiting the 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, at his request, 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 line manager that the employee will be absent from work for a certain period of 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 finding out 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 home, 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 to suspend the performance of his official duties and not show up 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 an order of dismissal 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 the person does not have a specifically designated work area, or he was in another department of the company. If a person could not inform management about 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 on 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 explanatory letter.

If the letter was returned with a note of the absence of the citizen at the specified 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 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 compiled act establishing the fact that the employee is absent.
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 the dismissal is indicated.
3. The order mentions documents that have become confirmation of truancy.

Three days are given to familiarize the employee with the order, followed by registration of the order in a special personnel log. Changes are made to the time sheet: the NN mark is changed 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 about 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 show up 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 entry 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 a 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 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;
• the 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 an appropriate document.

Punishment order for absenteeism without good reason

Based on the above, if your reason is not in any way involved in a valid 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.

Order to impose a disciplinary sanction 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 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 ordering the imposition of 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;
• the basis for termination of the relationship (entry in the employment) - pp. “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 qualifications 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 note 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 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 measures of influence on the absent worker. Yes, the employer has the right to end the proceedings with dismissal for absenteeism. 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 TC. 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.

Find out how to issue a dismissal for absenteeism, how to record the absence of an employee from the workplace and draw up an act. In the article you will find samples of documents to be filled out by the HR officer. Only our experts have collected the most relevant information!

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When it is possible to issue a dismissal under the article for absenteeism

Dismissal for absenteeism is carried out in a certain sequence established by the current labor legislation. Absenteeism is absence from the workplace for an entire work shift or for four consecutive hours. Such absence is considered a gross violation of the terms of the employment contract, labor obligations and established discipline.

Dismissal under the article for absenteeism can be carried out even for a single absence from the workplace without good reason, if there are no direct prohibitions for this (sub. No. 1078-O, dated 19.02.2009 under No. 75-O-O and dated 17.10.2006 under No. 381-O). An outright prohibition includes the dismissal of pregnant women, even if at the time of absenteeism the woman did not report pregnancy or she did not know about it.

Tatyana Kozlova, an expert of the "Systems Personnel", will tell you how to observe all the subtleties when dismissing for absenteeism

You cannot terminate an employment contract due to absence from the workplace during the entire shift or more than four hours in a row with minors, unless the consent of the state labor inspectorate and the commission on minors has been obtained. It is also impossible to terminate an employment relationship with an employee during his illness or vacation. The expert of "Systems Personnel" will tell you, what features must be taken into account when dismissing a minor employee

Absenteeism is considered cases when an employee:

• arbitrarily decided to take advantage of the days off, which are due to him for work on weekends, holidays;
• I decided to go on vacation without permission.

Notifying an employee of the need to show up for work

Rest days that the employer is obliged to provide, but did not provide, will not be considered absenteeism. For example, if the vacation is approved according to the schedule or the employee has worked for six months, but at his request, days of rest were not provided (on the basis of paragraph 39 of the decision of the Plenum of the Supreme Court of March 17, 2004 under No. 2).

Note! If the time off or leave outside the schedule was previously agreed with the manager, but the relevant documents for some reason were not drawn up, and the employee did not take the shift, this may be recognized as absenteeism (according to the definition of the Sverdlovsk Regional Court of August 20, 2013 under No. 33-10241 / 2013).

★ See special collection of dismissal for absenteeism prepared by the experts of Sistema Kadry. In it you will find answers to difficult questions about dismissal for absenteeism. Ideal samples of personnel documents for registration of termination of the TD on this basis. Labor disputes, thematic video lectures.

What facts are taken into account when dismissing for absenteeism: article of the Labor Code of the Russian Federation 192 and 193. Observing the procedure for dismissal for absenteeism, and making a decision, we recommend taking into account the following circumstances:

1. The severity and circumstances of the offense committed.
2. The general attitude of the employee to work.
3. Duration of work in the company.
4. Opportunities to apply less stringent penalties.

In addition, it is important to consider what reasons for absence from work can be attributed to valid ones. The law does not establish a list of such reasons. This issue is decided in each specific situation by the head on the basis of Article 193 of the Labor Code of the Russian Federation.

For example, in practice, good reasons include disruptions in the operation of transport, illness of a relative, the employee himself, the occurrence of natural disasters, fire, and so on. In the written explanation, the employee must indicate a complete list of the reasons that served as the basis for his absence from work. Explanation alone is not enough. It is necessary to confirm the validity of the reason with the relevant documents, for example, certificates, extracts, summons, and so on.

How to dismiss for absenteeism: a step-by-step procedure

Dismissal for truancy: instructions

Step 1

It is necessary to record the absence of an employee at the workplace. To do this, fill out the timesheet and draw up an act. The fact of absenteeism is documented. The law does not contain a specific list of those documents that are drawn up when absenteeism. The fact of absenteeism is recorded by making a note in the report card. Then they draw up an act or a memo on the employee's absence from his workplace and send him a notification with a request to come to work.

Important! The courts consider such documents when a dispute arises. Therefore, be sure to check the time sheet accordingly to be able to confirm that the employee is not at work. In commercial organizations, they put the code "NN". In case of temporary disability, it can be corrected to "B" or to "PR" - absenteeism.

In state or municipal institutions, if a time sheet is used according to the form No. 0504421, they put down the "P" code. If the absence from work occurred with the permission of the administration, the code is corrected to "A", due to illness - to the code "B" (based on the Methodological Recommendations approved by order of the Ministry of Finance dated March 30, 2015 under No. 52n).

Step 2

Draw up an employee absence certificate. This document is drawn up in any form with the signature of at least two witnesses. The act is drawn up for every day the employee is absent. If he is absent from the workplace for a long time, it is possible to draw up acts less often. Instead, it is enough to write a memo addressed to the head of the organization. In it, indicate the absence of a specialist at work. Describe methods for finding it, for example, making calls to your home, mobile, conducting service checks, and so on. In the act and memo indicate the time of absence in days, hours and minutes.

Step 3

Get a written explanation from the employee of the reason for the absence. The employee is given two working days to provide explanations. Based on this, it is possible to determine whether the reasons for absence are respectful or disrespectful. If the employee refuses to provide written explanations for the absence, draw up an act.

Step 4

After collecting all evidence of unjustified absence from the workplace, draw up a resignation order. The document can be drawn up according to the unified form No. T-8 or on a form that was developed by the organization independently. The order is introduced to the employee under signature. If he refused to sign the document, an act in any form is drawn up about it.

Step 6

Make an entry in the work book with the wording: "Fired due to absenteeism, subparagraph" a "of paragraph 6 of Part 1 of Article 81 of the Labor Code". The employee's personal card is closed. Termination of the employment relationship must be carried out within one month from the discovery of the violation. The time of absence of the offender at work during this period is not included.

The expert of the "Personnel business" magazine will tell you. From the article you will find out whether it is possible to fire an employee for absenteeism if he has not received a sick leave. What transport reasons can be used to justify the absence. How to fire a part-time worker for absenteeism.

Punishment if the procedure for dismissal for absenteeism was carried out illegally

The procedure for dismissal for absenteeism, according to the law, must be carried out without violations. If the documents are executed incorrectly or some are not prepared at all, the court can reinstate the dismissed at work. The employer will pay the forced downtime in the amount of average earnings.

★ An expert from the "Personnel Business" magazine will tell you what to do if an employee stops going to work. ... From the article you will find out whether it is necessary to draw up absenteeism certificates on a daily basis. How to request an explanation from an employee. What date of dismissal to indicate in the absenteeism order.

Dismissal for absenteeism is carried out in a certain sequence established by the current labor legislation. It is necessary to record the absence of an employee at the workplace by drawing up a number of documents. If they are issued incorrectly or some are not prepared at all, the court may reinstate the dismissed person at work.