Absenteeism is considered absence without good reason. Examples of good reasons for absenteeism. What grounds can justify the absence of an employee? The concept of "truancy" in the Labor Code and its types

Today we will be interested in the step-by-step procedure for dismissal for absenteeism. This process in real life to bring to life is not as easy as it seems. After all, the absence from the workplace is not always considered truancy. Therefore, employers may have some problems with bringing the idea to life. Also, dismissal is not the only way to punish a negligent employee. It turns out that absenteeism does not in all cases entail deprivation of a job. What should the employer know about this procedure? How to properly prepare for the dismissal of a truant?

Definition of truancy

The first step that must be taken is to establish the fact that the subordinate was absent from the working day. This is very problematic to do. Under what circumstances can you face dismissal for absenteeism? A step-by-step procedure will help you figure it out.

The Labor Code of the Russian Federation states that any subordinate can be fired for absence from the workplace without good reason. Even when it comes to the first pass. The main problem is that absenteeism has an ambiguous definition. And if the employer could not establish the fact of illegal absence of the working day without good reason, no dismissal can take place. This is the main problem that employers face.

So what is absenteeism? This is the absence of an employee from the workplace for more than 4 hours in a row. Moreover, in Labor Code it is emphasized that the subordinate should not have valid reasons for missing the work shift.

Good reasons

How is an employee dismissed for absenteeism? The procedure and step-by-step instructions for this process are difficult only at the very beginning. Namely, in determining how valid the reason for the employee's absence from work was. Why are there problems? There are no clear definitions in the Labor Code of when missing a working day or shift is considered missed for good reasons. But such phenomena include:

• temporary disability of a subordinate;
• being in the performance of civil or public obligations;
• donating blood or undergoing a medical examination for this procedure;
• participation in strikes;
• placing an employee in custody (eg arrest);
• emergencies resulting in absenteeism and transport problems;
• delay in salary for a period exceeding 15 days;
• carrying out emergency services that require access to the employee's home.

You may notice that the respectfulness of absence from work is not as easy to establish as it seems. Therefore, at the very beginning of the dismissal process, the employer must not only know the definition of absenteeism, but also figure out how valid the reason for the absence of a subordinate from the workplace was. What other actions should the boss take to implement the task?

Act of offense

How to fire an employee for absenteeism? Step-by-step instruction will help you figure it out. The main important points already considered - this is the definition of truancy and good reason for absence. An error in deciding the issue of dismissing a subordinate may entail liability of the employer.

If you are sure that your employee is absent from work, be sure to record the violation. deeds. Its confirmation must be any evidence of the absence of a citizen at work for more than 4 hours continuously. Remember, up to this point, absenteeism does not take place.

Also, evidence of the absence of a subordinate at work can be the notes of colleagues, videos and other sources of information, which record when the personnel arrive and leave the company.

Checking the possibility of dismissal

What to do next to properly issue a dismissal for absenteeism? The step-by-step procedure indicates that after drawing up an act of skipping a working day (shift), as well as collecting evidence, the employer must check how legal his actions are.

In some cases, citizens cannot be dismissed on the personal initiative of the employer. Then the employee cannot be deprived of his job for absenteeism. For example, the Labor Code prohibits the dismissal of pregnant women. The employer under no pretext for on their own unable to deprive an employee of a position of work. Is that when the enterprise is liquidated, dismissal takes place.

Disciplinary action

The next step is not provided for all employers, but only for those who provide for disciplinary actions for violations of an employment contract. The step-by-step procedure for dismissal for absenteeism indicates that after all the above measures, it is necessary to check the timing of the imposition of disciplinary payments.

At the moment, such penalties are possible within a month from the day when the employer learned about the payment later than six months from the date of absenteeism are not applied.

Explanatory

Before the direct registration of the dismissal begins, the employer must demand an explanatory note from the subordinate. This is the main document on which the entire process of dismissing an employee depends.

The explanatory note is written in free form. In it, the subordinate must describe all the circumstances in which he was absent from work for more than 4 hours. If there is evidence, it must be presented.

Next, the employer assesses whether skipping the working day is considered absenteeism. If so, you can proceed to the next step. No? Then you have no right to fire a subordinate. If the frame in this case goes to court, the law enforcement authorities will not be on your side.

If the employee does not provide his own within 2 days from the date of the document request, the employer is obliged to draw up an act about this. In the event of litigation, this approach can protect the boss.

Order

The step-by-step procedure for dismissal for absenteeism provides for the mandatory issuance of an order to suspend a subordinate from work. But keep in mind, you can draw it up only after you study the reason for the absence of a subordinate.

When drawing up a resignation order, remember that you cannot deprive an employee who is on vacation at the time of publication of the document. This limitation also applies to cases when the staff is temporarily disabled. These rules are specified in article 81 of the Labor Code of the Russian Federation.

Please note that it is necessary to prescribe in the order of dismissal the reason for the application of punishment in the form of complete suspension from work. The dismissal is prescribed under subparagraph "a" of paragraph 6 This is a mandatory step. Further, the order of dismissal is registered by personnel.

Familiarization

Documenting the dismissal of an employee for absenteeism is almost complete. The main part is passed. Now the matter is small. After issuing a dismissal order, it is necessary to obtain the subordinate's signature on this document. The employer must familiarize the employee with the penalty applied.

Of course, few will agree to quit "under the article". If the employer seriously intends to abandon the staff, it is enough to make a special inscription on the order stating that the citizen refused to sign the order. It is advisable to prepare some evidence of the subordinate's acquaintance with the document. For example, make a video. It may be required if an employee decides to go to court with a complaint about unlawful suspension from work. Threatening dismissal for absenteeism? Step-by-step instructions indicate some of the features of this process.

If there was no signature on the order, you will have to draw up another act, which states that the subordinate refused to sign the document presented for review.

Payment

What else is needed to properly issue a dismissal for absenteeism? The step-by-step procedure (diagram) indicates that, without fail, the employer must settle with the subordinate for the hours worked. If you neglect this point, you can prepare for responsibility.

The employer must prepare and submit a calculation note to the subordinate. With her, the frame is sent to the accounting department to receive the required cash for the time worked earlier.

Cash is paid on the day of dismissal. This is ideal. If by that time there was no frame, then this operation is carried out the next day after the employee contacts the accounting department for settlement.

Employment book and card

How to fire an employee for absenteeism correctly? After making a calculation with a subordinate, it is necessary to make the appropriate marks in work book frame, as well as in his personal card. The reason for dismissal must be indicated. It should be exactly the same as on the order issued earlier.

The dismissed must sign on the personal card that the changes have been made, he is aware of this act. If the employee refuses to sign, an act of this is drawn up. You can do without it, but in the event of litigation, any documents can help the employer to prove his innocence and legality of actions.

The next step is to create a subordinate. This item is optional. Many employers simply skip it. After all, dismissal under the "article" is a potentially problematic situation. It spoils all statistics and has a negative impact on the employer's reputation. Therefore, you can simply give the work book to the dismissed staff.

By the way, the employer must return this document to the subordinate. Even if the employee still owes the enterprise at all. Nobody has the right to keep the work books of the dismissed.

How to dismiss for absenteeism? The step-by-step procedure must be followed in full. This is the only way the employer is able to protect himself. Often there are situations in which the dismissed person does not want to take the work book. In this case, you must send to the employee by registered mail a notification informing that the frame should pick up the "labor". It is also recommended that if the employee refuses from the book, draw up an act about this incident.

If there is no resistance, the cadre receives a "labor", after which he signs in a special register of the movements of work books of subordinates at the enterprise. Thus, the fact of receiving the document is confirmed.

Income statement

It's all. Now it is clear how the dismissal for absenteeism occurs. The instructions for this procedure provide one more item. It's optional, but if you put it into practice, you don't have to worry that you will still encounter a truant.

It is recommended that at the time of registration of dismissal under the "article" for absenteeism, give a subordinate a certificate of his income in the form 2-NDFL. By law, an employee has the right to demand this document from the employer at any time.

Please note that the judiciary usually defends the dismissed staff if the employer made the slightest mistake when registering the dismissal under the "article". This must be taken into account. The step-by-step procedure for dismissal for absenteeism has been completed. By following these rules, you do not have to worry that the process of removing an employee will be violated.

E.Yu. Zabramnaya, lawyer, Ph.D. n.

Dismissal for truancy: no person - but there is a problem

It is well known that the main value of any company is its employees. However, not all employees understand that their work duties must be performed in good faith. And the malicious violators labor disciplinesuch as truants become a headache for the employer.

Absenteeism is the absence of an employee from the workplace without good reason n:

• <или> during the whole working day, if the working day is 4 hours or less;
• <или> more than 4 hours in a row if the working day is more than 4 hours.

Workplace - the place where the employee should be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer i art. 209 of the Labor Code of the Russian Federation.

Everyone knows: you can be fired for absenteeism b sub. "A" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation... But in practice, difficulties arise: can the absence of an employee at work in a particular situation be regarded as absenteeism and punished for him?

What to do when an employee one day just stops going to work? How to fix absenteeism correctly?

Before moving on to specific questions, consider general order prosecution for absenteeism.

How to fix absenteeism and how you can punish it

Let's start with the fact that absenteeism is a gross violation by an employee job responsibilities... Therefore, you can even fire someone who skipped work one time. s sub. "A" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation... This distinguishes absenteeism from less "serious" violations, such as being late for work.

Although in the event of absenteeism, the employee may be subject to milder sanctions than dismissal - a reprimand and reprimand r art. 192 of the Labor Code of the Russian Federation.

Regardless of which punishment you choose, you must:

• record the fact that the employee is absent from work;
• find out the reason for this absence.

How to record the absence of an employee for work

The fact that an employee is absent from work is recorded:

How to draw up a certificate of absence from work, see: 2010, no. 23, p. 74

• <или> data electronic systeminstalled at the checkpoint (checkpoint);
• <или> a memo (service) note of the immediate supervisor of the truant;
• <или> an absence from work act, which is usually drawn up by an employee of the personnel department or the immediate supervisor of the absent employee in the presence of two witnesses - fellow truant workers.

How to determine the reason for the absence of an employee from work

After fixing the fact of the absence of an employee at the workplace, you need to figure out what caused this absence. After all, an employee may not come to work for a good reason, for example, in case of illness or late return to work from vacation due to a flight delay.

More details about the procedure for attracting an employee to disciplinary responsibility see: 2010, no. 23, p. 14, 74

If an absent employee comes to work the next day or a few days later, ask him for a written explanation of the absence. Moreover, it is better to do this in writing so that in the event of a litigation you have evidence that you have requested an explanation. After receiving an explanation, you will understand whether the employee was absent or if he had good reasons for absence from work. e art. 193 of the Labor Code of the Russian Federation; Clause 2 of the motivating part of the Determination of the Constitutional Court of the Russian Federation dated 17.10.2006 No. 381-О.

We warn the manager

Explanations of the reasons for absence from work you need to demand in writing and give the employee 2 working days to provide them.

Please note: the employee has 2 working days to provide explanations. This period is calculated from the next day after you have requested an explanation from the employee i art. 193 of the Labor Code of the Russian Federation... For example, if you requested an explanation on April 26, then the aforementioned two-day deadline will start running on April 27. If in specified period the employee will not give an explanation, draw up an act of failure to provide them and art. 193 of the Labor Code of the Russian Federation.

An example of a notice on the need to provide written explanations and an act on non-provision of written explanations can be found in the publication “General Book. Conference hall ", 2011, No. 3, p. 25-26.

If an employee does not show up at work for a reason unknown to you for a long time, act that to art. 193 of the Labor Code of the Russian Federation:

1) send by mail in a valuable letter with a list of attachments and a return receipt requested to the employee's address to provide written explanations for the fact of his absence. Then, in the event of a legal dispute with an employee, you will have proof that you tried to get an explanation;

2) draw up certificates of absence of the employee at the workplace in the presence of witnesses on a daily basis;

3) record in the time sheet in the form No. T-12 or T-1 3 the employee's failure to appear for unclear reasons (until the circumstances are clarified). To do this, put in the report card:

• <или> letter code "НН";
• <или> digital code "30".

Do this until you know the reason for the absence of the employee or until the management decides to fire him.

Your further actions depend on how the situation will develop.

SITUATION 1. The worker showed up for work some time later. Ask him for an explanation and, depending on whether he had a good reason for absence or not, decide whether to prosecute.

SITUATION 2. You received an explanation from the employee by mail, from which it follows that he has no good reason for absence. But he doesn't go to work. You have the right to issue an order to hold him accountable for absenteeism, up to and including dismissal i sub. "A" p. 6 h. 1 art. 81, Articles 192, 193 of the Labor Code of the Russian Federation.

SITUATION 3. You have not received an explanation from the employee, he still does not come to work. But you received a notification in the mail that he received your request for an explanation. Some employers fire an employee in such a situation. They are guided by the fact that an explanation from the employee is requested and the employee is to blame for not providing it. But such actions are associated with a certain risk. After all, there is a possibility that the notification was not delivered to him, but to one of the family members. For example, the employee himself may be in the hospital, and the correspondence is received by his family, who are not required to give you explanations. Therefore, it is more prudent in such a situation to continue to make attempts to contact the employee before receiving any explanation from him.

SITUATION 4. The employee does not appear at work, does not send explanations, you do not have confirmation that he received your letter. Or the letter came back, never received by the addressee. This is the most difficult situation in which in practice they do this:

• <или> continue to draw up acts on the employee's absence from work on a daily basis and record the absences in the report card and, until the reasons for the employee's absence are clarified, they do not issue an order to dismiss him. This is done by the majority, guided by the fact that the reason for the absence of the employee is not known, which means that the employer does not have one hundred percent confidence that the employee is absent (that is, he is absent without good reason);
• <или> lose patience and are fired for absenteeism, if the absence of an employee is excessively prolonged, repeated attempts by the employer to contact him are unsuccessful and another employee must be taken to his place. Courts with such absentee dismissals often agree Determination of the Moscow City Court dated 12.11.2010 No. 33-32370.

But sometimes the courts note as a violation of the dismissal procedure that a notice of the need to give explanations about the absence from work was sent to the employee, but mailing was not handed over to the employee, but was returned by the employer yu... Although, as practice shows, if this is the only violation, then it is unlikely that an employee in such a situation will be reinstated at work.

We warn the manager

It is impossible fire an employee immediately after he fails to show up. We need to demand an explanation from him. Otherwise, he may then be reinstated at work in court, and then you will have to pay him the average earnings for the entire period of the forced absence.

Remember, there is always a chance that your employee will return and provide you with a document confirming the validity of the reasons for his absence and the impossibility of timely notifying the employer about this. Then you will have to cancel the order to dismiss the employee.

If you do not do it yourself, then upon the reinstatement of the previous employee in court, the court will oblige you to pay him the average earnings for the period of forced absenteeism and art. 394 of the Labor Code of the Russian Federation; paragraph 41, paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2... You will not have to pay for the period of absence of an employee at work before you issue a dismissal order, since he did not work. An exception is the case when he has a sick leave.

If you have already taken a new one to replace the dismissed employee, and restore the dismissed employee t art. 394 of the Labor Code of the Russian Federation, then the new employee accepted for his position will have to:

• <или> to transfer to another job corresponding to his qualifications, or to a lower position (lower-paid job), which he can perform taking into account his state of health;
• <или> in the absence of vacancies or if the employee does not agree to the transfer, terminate labor relations in connection with the reinstatement of the employee at work by the court, who previously performed this work at item 2 h. 1 art. 83 of the Labor Code of the Russian Federation... Upon dismissal, the new employee will need to pay severance pay in the amount of two weeks' average earnings and art. 178 of the Labor Code of the Russian Federation.

If, in connection with the appearance of an absent employee, you yourself decided (without a trial) to cancel the order to dismiss him and provide him with his previous job, then with a new, replacing him employee (unless you took him under a fixed-term employment contract) you will have to agree:

• <или> about his transfer to another work at art. 72.1 of the Labor Code of the Russian Federation;
• <или> on termination of the employment contract by agreement of the n art. 78 of the Labor Code of the Russian Federation.

How to Record Absenteeism in the Timesheet

If you are convinced that the employee was absent, be sure to correct the timesheet data. Remember that the report card is one of the most important documents confirming the absence of an employee at work and the reason for this absence i Determination of the Leningrad Regional Court of 15.09.2010 No. 33-4513 / 2010.

You need to correct the letter code "НН" (or digital code "30") originally put in the report card to the absenteeism code. This can be done in two ways:

• <или> just cross out the code "НН" (or "30") in the report card and write "ПР" (or the digital code "24") on top. These corrections must be certified by the persons responsible for the timesheet and personnel records of the company, as well as by the manager structural unitin which the truant works, indicating the date of the correction th clause 5 of Art. 9 of the Federal Law of 21.11.96 No. 129-FZ "On Accounting";
• <или> in addition to the main report card, drawn up for all employees, where the absentee during his absence is "NN" (or "30"), draw up a corrective report card exclusively for this employee. And already in this report card for the days of absenteeism put down the code "PR" (or "24"). Attach the correction sheet to the main report card.

How long can you issue an order on prosecution for absenteeism?

Absenteeism, like any other disciplinary offense, can be punished b art. 193 of the Labor Code of the Russian Federation:

• within a month from the date of its discovery, not counting the time of the employee's illness and his stay on vacation;
• within 6 months from the date of its commission.

For more details on the timing of the application of disciplinary sanctions read: 2010, No. 23, p. sixteen

When an employee is absent from work for a very long time, management may have concerns that the time frame for disciplinary action for absenteeism will expire.

No worries. The period calculated from the date of detection of absenteeism will begin to flow not from the 1st day of absence of the employee at work, but from the day when it became known to you that the employee was absent. t.

How to issue a dismissal for absenteeism

In case of dismissal for absenteeism, an order is issued to terminate the employment contract under unified form No. T-8 approved By the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1... In the order, do not forget to state the circumstances of the truancy committed by the employee, indicating the dates of absenteeism and Determination of the Moscow City Court dated November 25, 2010 No. 33-35148, and in the column "Basis (document, number, date)" list all documents drawn up as part of the procedure for bringing an employee to disciplinary liability:

• absence certificates;
• memo (service) notes;
• a written explanation of the employee or an act of refusal to give an explanation.

Texts mentioned in the article judgments you can find: section "Judicial practice" of the ConsultantPlus system

The employee must be familiarized with the order of dismissal against signature. And if the order cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a note must be made on the order m art. 84.1 of the Labor Code of the Russian Federation.

The entry in the work book upon dismissal for absenteeism is made out as follows.

If the employee is not at work on the day of termination of the employment contract, send a notification to his home address of the need to appear for a work book or agree to send it by mail e art. 84.1 of the Labor Code of the Russian Federation... Until you receive a written order on what to do, keep the work book with you.

Now let's move on to the questions of our readers.

Unauthorized leave on vacation - truancy

T.A. Ivanova, Perm

The employee was on sick leave for several months, and then wrote an application for annual leave. We have no grounds for granting him leave at this particular time (that is, not according to the vacation schedule). Without waiting for a response from the management, he stopped going to work. Are we entitled to formalize his absence from work as absenteeism?

: Yes. As follows from your situation, the employee unauthorizedly went on vacation, that is, l art. 192, sub. "A" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation; ; Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

By the way, absenteeism is also the unauthorized use of time off by an employee. The exception is cases when the employer was legally obliged to provide the employee with rest time, for example, day off on a certain day, but did not provide. For example, he refused to provide an employee with a donor day the next day after the employee donated blood, although according to the Labor Code of the Russian Federation he was obliged to do this b sub. "D" clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2; Definitions of the Moscow City Court dated 28.10.2010 No. 33-30782, dated 14.10.2010 No. 33-30069, or refused to grant leave, although according to the schedule, the employee should have gone on vacation at that time.

Unofficial parental leave is also absenteeism

HEDGEHOG. Goncharova, Balabanovo

After the end of maternity leave (in 2008), the employee did not go to work, she did not inform the employer about the birth of the child. After childbirth, I did not issue parental leave. In 2011, she sent a letter in which she asks to give her leave without retention wages from March 7, 2011 to April 15, 2011 inclusive. Probably, on March 7, 2011, the child turned 3 years old.
Can this worker be fired?

: Can. If the employee did not exercise her right and did not apply for parental leave and art. 256 of the Labor Code of the Russian Federation, then she is most likely skipping. As follows from the question, then she also arbitrarily went on vacation without pay, that is, she again made absenteeism.

But before you fire an employee, ask her for an explanation about the reasons for her absence from work for 3 years. And arrange absenteeism, as expected.

It is impossible to fire an employee for refusing to interrupt a vacation

HELL. Starikov, Moscow

The employee, in agreement with the manager, went on vacation for a whole month. During his vacation in the organization, a situation arose where his participation was required. However, he refused to interrupt his vacation. Can he be fired for absenteeism?

: No, in such a situation, you cannot be fired for absenteeism. By law, recall from vacation is possible only with the consent of the employee and art. 125 of the Labor Code of the Russian Federation... Therefore, you have no reason not only to dismiss him for absenteeism, but in general to bring him to disciplinary responsibility (even in the form of a remark or reprimand )art. 192 of the Labor Code of the Russian Federation.

An explanatory mother is not a substitute for an explanatory worker

S.F. Zorkina, Stavropol

The employee did not go to work for several days, did not provide explanations about the reasons for his absence. His mother came to the organization with a request to issue her son's work book at his verbal request. Also, the mother said that her son was already working in another city and was not going to go to work in our organization.
Written explanations were taken from the worker's mother. Based on these explanations, we fired the employee for absenteeism, and the work book was given to his mother.
Now we are thinking: did we do the right thing?

We warn the manager

If a the employee does not want to leave early vacation, this is not absenteeism.

: You made the wrong decision. In such a situation, you should have asked for an explanation from the employee himself, not from his seven and art. 193 of the Labor Code of the Russian Federation.

The mother's explanation in your situation is just an additional argument. But it cannot act as evidence of a truancy by your employee.

It was wrong to issue the employee's mother and the work book, since she did not present you with the power of attorney written by her son to receive it. It was necessary to send a notification to the employee's address about the need to appear for a work book or consent to sending it by mail e art. 84.1 of the Labor Code of the Russian Federation... Until you receive an answer from him, the work book should be kept with you.

Written approval of the vacation time with the employer - in the interests of the employee

R.P. Kutsenko, Krasnodar

The manager verbally allowed me to go on vacation for 3 days outside the vacation schedule, and upon going to work, he dismissed me for absenteeism. This is not the first time in our company. Is it legal?

A: Of course, it is illegal if you agree on your vacation with him. But in your situation, you still need to be able to prove it to the court (including with the help of witnesses). And the best proof is your vacation application with a resolution of the head. Then the court will reinstate you at work. And if you cannot prove it, the court may decide that you went on vacation unauthorized about Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

If the manager constantly practices such unfair actions in relation to his employees in order to deal with unwanted employees, then it is worth reporting these facts to the labor inspectorate.

If the employee refuses to provide explanations, an act must be drawn up

The employee did not go to work on February 15 and 16, 2011. He did not give the reason for the absence. The absences were recorded by acts and memos.
When he went to work, he refused to give an explanation, saying that "he does not want to today, he will write tomorrow." He did not provide documents justifying his absence from work. An act was drawn up refusing to give a written explanation. The employee also refused to sign it, explaining that he, in principle, does not refuse, but only does not want to give written explanations today and will write them tomorrow. It was decided to fire the employee for absenteeism.
Did we do the right thing?

: Probably, the employee was playing for time in the hope that the one-month term for the application of a disciplinary sanction from the day the offense was discovered would expire and he would no longer be able to be held liable and art. 193 of the Labor Code of the Russian Federation.

In general, you did the right thing, except that you had to draw up an act on the employee's failure to provide explanations, and not on the refusal to give them. Remember that an employee always has 2 full working days when he may change his mind and provide you with an explanation for his absence i art. 192 of the Labor Code of the Russian Federation... Therefore, it is better not to risk it, wait and draw up an act of failure to provide an explanation.

In relation to a truant who wants to quit of his own free will, you need to act promptly

I.T. Gavrilova, Kazan

The employee did not come to work and sent us a letter sent on the day of absence (March 21, 2011), in which she asked to be granted unpaid leave from that date to April 1, 2011, and upon its completion - to dismiss her on her own desire. The employee still hasn't come to work. Is it possible to regard her absence as absenteeism and dismiss her not of her own free will, but precisely for absenteeism?

: As follows from your situation, the employee voluntarily went on vacation without pay, that is, she made absenteeism, which means she can be fired for this b sub. "A" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation; sub. "D" clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

However, in your case, the employee in her application expressed her intention to resign of her own free will. Of course, this does not deprive you of the right to fire her for a prog. l clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2... But this must be done within 2 weeks from the date of receipt of the said application from her. Otherwise, you will have to terminate the employment contract with her on her initiative. And it doesn't matter on what grounds an employee is dismissed.

What day to fire for absenteeism

P.D. Tyuftaeva, Togliatti

The employee works on a rolling schedule. On March 25, 2011 he has a working day, then two days off. On March 28, he did not go to work without good reason. Do we understand correctly that since, according to the Labor Code, the day of termination of an employment contract is the last day of work, then it is necessary to fire an employee for absenteeism on March 25, 2011?

: No. To fire an employee on the day preceding the first day of absenteeism, that is, in your situation on March 25, 2011, is incorrect. After all, according to general rule the day of termination of the employment contract is the last day of the employee's work. The exception is when he actually did not work, but he retained his place of work (position )art. 84.1 of the Labor Code of the Russian Federation.

For the employee, while the employer finds out the reasons for his absence and establishes whether he had good reasons or not, the place of work should be retained. Agree, it looks strange when the date of the request for an explanation and the date of their receipt from the employee is later than the date of termination of the employment contract. After all, after dismissal, this person is no longer an employee and is not obliged to represent something to the employer. At the same time, the employer cannot dismiss the employee until an explanation is requested from him, etc. .art. 193 of the Labor Code of the Russian Federation

In addition, a situation is possible when, after committing a truancy, the employee will go to work and will work for some time while the employer will establish whether he has committed truancy, etc. Therefore, he cannot be fired on the day of truancy.

It is correct to fire an employee on the very day when an order is issued to dismiss him for absenteeism. But, as practice shows, even if you fire an employee on the last working day preceding absenteeism, nothing terrible will happen. After all, this approach is based on the recommendation of Rostrud and Rostrud letter dated 11.07.2006 No. 1074-6-1.

Dismissal for absenteeism is a right, not an obligation of the employer

V.D. Rusanova, St. Petersburg

The worker did not come out of vacation and did not make herself felt in any way. Telegrams at the place of registration and place of her actual residence remained unanswered. A month later, she still appeared at work and wrote a letter of resignation of her own free will.
Should we fire her of our own free will or should she be fired precisely for absenteeism?

: You have the right to fire a worker for a program l sub. "A" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation... To do this, you need to follow the procedure for bringing to disciplinary responsibility. and art. 193 of the Labor Code of the Russian Federation... But you can go to meet her - dismiss her of your own free will. After all, bringing to disciplinary responsibility is a right, not an obligation of the employer.

It is impossible to fire an employee for absenteeism during illness

L.T. Skvortsova, Volgograd

We recently hired a new worker. Unfortunately, she turned out to be a drinker (although she did not come to work drunk). From January 11, 2011 she stopped going to work. He does not answer calls. As it should be, we act on all her absenteeism, put "NN" on the report card.
On February 14, we received a statement from her in the mail that she was on sick leave. However, we doubt that she really has a sick leave, and even more so for this entire period. And the management still intends to fire her for absenteeism.
What if the sick leave is confirmed? What to do in such a situation?

: In such a situation, a worker cannot be fired for absenteeism. After all, you have her written explanation that she is on sick leave.

So for now, keep documenting all of her absenteeism. But proceed from the assumption that she is still ill. If this is not confirmed later, then you can fire her for absenteeism.

Each side labor relations must know how an employee is fired for absenteeism. The reason for this is the constantly emerging complexities of law enforcement practice.

What is truancy?

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Absenteeism is a continuous absence of a subordinate from the workplace for more than 4 hours and without good reason.

When analyzing the Labor Code of the Russian Federation, it becomes clear that absenteeism must meet the following requirements:

• non-presence of an employee at the workplace for more than 4 hours in a row or failure to appear at all;
• official employment of an employee in the state with an indication in the employment contract of the period of working time and the place of work where he directly performs labor functions;
• the presence of the fault of the employee who committed absenteeism;
• the employer has carried out a comprehensive check of the circumstances of the incident and can confirm it with the relevant documents.

The legislator does not provide a specific distinction between absenteeism by type. However, this fact can be decisive and affect the degree of employee responsibility.

All absenteeism can be roughly divided into:

• short-term: such absenteeism allows the employer to have some information about the location of the employee or to organize communication with him via telephone, Internet;
• repeated: failure to appear for work without a good reason from two or more times a year;
• long-term: non-attendance at work for several days, weeks, months and the lack of any information about the location, reasons for the absence of the employee and communication with him.

What does the Labor Code of the Russian Federation say?

How can an employee be threatened by absence from work?

If the employer becomes aware of the absence of his ward for more than 4 hours in a row, he has the right to resort to disciplinary action.

According to Art. 192 of the Labor Code of the Russian Federation, the sanction arises in the event of improper performance by the employee of his labor functions, enshrined in the contract with the employer.

Good and bad reasons

It is important to understand that not every absence of an employee can be categorized as truancy. There are a number of life circumstances that can be considered a valid reason for not going to work and should not be considered truancy.

This list is extensive and combined as follows:

• Seeking help from health care institutions in connection with a deterioration in health, as well as accompanying the victim, providing him with the first medical care, stay on sick leave, both in connection with their illness and the illness of the child.
• Passing a medical examination, examination, vaccination.
• Participation in investigative activities, court hearings, government assignments.
• Refusal to go to work due to non-payment of due wages, participation in a strike and a rally.
• Emergencies (road accidents, accidents of utilities, delay in transport, flight), force majeure circumstances (floods, landslides, cataclysms, etc.).

For each of these cases, it is necessary to inform the employer about the incident by way of advance notice:

• If it comes to strikes or rallies - a certificate from law enforcement agencies or a medical institution.
• If there were global compelling circumstances, the employer will become aware of this through the media.

Only if there is a document confirming the validity of the absence, absenteeism will not entail consequences. All other circumstances will be classified as disrespectful and may lead to irreversible consequences.

Types of penalties

Labor legislation provides for the application of sanctions to employees who violate the work process and discipline in the form of penalties.

The collection can take the following form:

• rebuke;
• comment;
• termination of an employment contract at the initiative of the employer.

The first two options do not have any clarifications in the Labor Code of the Russian Federation by their legal nature, therefore it is difficult to distinguish between them. They have the same terms of application, can be both orally and in writing.

In case of repeated reprimand or reprimand by the employee, the employer can reasonably apply the third penalty option.

Dismissal for absenteeism in 2020

Dismissal is considered the most significant and serious sanction in disciplinary action and has consequences for both the employee and the employer. These circumstances are not rare in practice and require compliance with a clear algorithm for dismissal for absenteeism according to the norms of the Labor Code of the Russian Federation.

Step by step instructions and scheme of the procedure

Strict adherence to the procedure for registering an employee for absenteeism will reliably protect the legal basis of the employer.

Each of the stages has some peculiarities:

• Absence certificate: Paramount, after discovering the absence of his subordinate, the employer must document this fact and on the very day when the incident took place. The act is presented to the truant as soon as he appears at the workplace. Long absenteeism is recorded for each day by a separate act.
• Explanatory: the employer is obliged to send to the subordinate, who committed absenteeism, a written notice of intent to fire him, in which the latter leaves a personal signature, which confirms the fact of familiarization. Within 2 working days after notification, the employee is obliged to provide an explanatory note to the employer.
• If the employee never showed up at the workplace, a notice of dismissal is sent to the official place of registration. For an employee who refused to write an explanatory note within the specified time period, they draw up an act of refusal to provide explanations of the reason for absenteeism, signed by at least two witnesses.
• Report: this stage is optional for companies with a small number of employees. However, if the hierarchy is large, then the immediate superior of the truant is obliged to provide the superior manager with a memo.
• Fixing in the timesheet: the presence of a timesheet implies tracking working hours. If there was a deviation (absenteeism), it is necessary to reflect this on the corresponding day (NN - failure to appear due to unclear circumstances). This mark will play a particular importance when resolving the case in court, since the court will certainly refer to such information.
• Dismissal order: created according to the established form - T8. Truancy, falling under the wording of the legislator, does not require the presentation of an order to impose a penalty. The basis of the order is Art. 81 of the Labor Code of the Russian Federation. All of the above proofs of the employee's absence are attached to the document: act, explanatory, report.
• Entering the data of the order of dismissal in the order log.
• Making a payment sheet for the employee and familiarizing him with the order of dismissal.
• Data entryin the personal card and in the work book of a subordinate.
• Return of work book to the employee and the production of all payments due to him.

How to arrange correctly?

Dismissal for absenteeism is permissible only if there is a certain package of documents:

• an act of absence of an employee (drawn up on the day the truancy is discovered);
• entry in the working time log;
• notifications of the application of a disciplinary sanction (carried out no later than 3 working days and must be confirmed by the signature of the subordinate);
• an employee's explanatory statement or an act of refusal to provide explanations for the absenteeism that occurred (the document must be received within 2 calendar days from the date of receipt of the notification of the application of a disciplinary penalty);
• dismissal order from governing bodies;
• entering information into the work book of a dismissed employee.

Documents

Employee Absence Act

The document is drawn up by the chief or a personnel specialist. There is no specific form established by the legislator. When drawing up the report, at least two witnesses must be present.

The document must reflect the following information:

• name of company;
• document's name;
• day of compilation;
• information about the subject filling out the document and about the subjects acting as witnesses, about the absent employee (name, position);
• date of absence or period of time of absence (days, hours);
• grounds for absence (if known);
• signatures of all subjects participating in the compilation.

The sample form can be downloaded here:

An example of filling out a document:

Employee notification

The notice will allow the employer to avoid problems and is evidence of compliance with the formalities of the termination procedure.

In the absence of such a document, the employee has legal grounds to go to court to challenge the employer's decision.

Notification structure:

• the name of the employing organization;
• information about the employee;
• grounds for drawing up a notice (reason);
• date, signature of the head of the organization.

The document must be drawn up in writing and reflected in the local logs of internal documentation.

The notification must be in 2 copies - for the employer and the employee, respectively.

The employee to whom the notification was sent puts on it a note of acquaintance, signature and date.

Filling example:

Explanatory note from employee

The note is drawn up by the violator in free writing.

It must indicate the reason for the employee's absence.

Approximate data that should be reflected in the explanatory:

• the name of the organization and the full name of the head;
• Name, position of the guilty subordinate;
• title of the document - explanatory;
• text-content indicating the reason for absenteeism;
• date, signature.

When compiling an explanatory note, it is more appropriate to resort to business style presentation.

Example:

Employee refusal act

Mandatory drawing up of a document is implied in the case when the employee did not provide, refused to give a written explanation of the reason for his absence.

• title of the document;
• information about the employee who refused to provide an explanation;
• place of compilation, date;
• information about the compiler and witnesses;
• a descriptive part (what date, why and in what way the written explanation was refused);
• signatures of all parties, including the refusing employee.

If the employee, for whom the act is drawn up, refuses to leave his signature on it, the drafters of the act make a corresponding note and sign on it again.

Sample document:

Dismissal order for truancy

To avoid liability for misconduct, the employer must comply with the deadlines and dates when drawing up an order regarding the dismissal of a truant employee.

It can be drawn up only after collecting all the attachment documents.

The employer needs to consider a number of points:

• the order can be drawn up only for one employee;
• application standardized sample according to the T-8 form (it is allowed to introduce additional wording in the explanatory part of the document);
• mandatory presence on the document of the signature of the head of the organization and its entry in the registration log.

The document should have the following structure:

• employer name;
• serial number assigned to the log;
• date of preparation;
• document's name;
• date and place of the decision on termination labor agreement;
• reason for dismissal;
• information about the dismissed employee;
• reference to the norm of the Labor Code of the Russian Federation;
• information about the leader and his signature;
• a note on familiarization with the document of the dismissed employee, his signature.

Record of dismissal for absenteeism in the work book

This action is considered the final stage of the dismissal. All information in the work book is entered on the basis of data from the dismissal order.

The entry looks like this:

• 1 column: serial number;
• 2 columns: either the day of the last day of work of the employee, or the day of issuance of the order of dismissal is indicated;
• 3 columns: an indication of the reason for dismissal under Art. 81 of the Labor Code of the Russian Federation;
• 4 columns: data about the order (its number and date of drawing up).

All of the above data is confirmed by a personal signature official (the chief gave the personnel) and the seal of the organization.

Union Notice

The request for a reasoned opinion of the trade union becomes mandatory upon termination of the employment agreement for absenteeism, in the event that the subordinate was among the members of the trade union organization (part 2 of article 82 of the Labor Code of the Russian Federation) and was noticed in repeated failure to perform the labor functions assigned to him without valid circumstances, or multiple disciplinary actions.

All other cases, even if the employee is a member of a trade union, do not need to request a reasoned opinion from the primary organization of workers.

Dates and dates

The date of drawing up the order of dismissal must coincide with the date of the corresponding decision by management.

The order cannot be issued earlier than the date of providing an explanatory letter from the truant employee or an act of refusal to provide them with such information and no later than one month from the date of the actual truancy.

It is forbidden to issue a document retroactively, since the administrative document must reflect the date of the actual publication.

An exception may be cases of prolonged absence of an employee under unclear circumstances.

The date of dismissal of a subordinate for absenteeism is his last day of work.

If he was absent for the entire work shift, then the date of dismissal is the day preceding this event (Article 84.1 of the Labor Code of the Russian Federation).

Employee payments and compensation

After termination of the employment agreement with the employee, they are obliged to make estimated payments.

Absenteeism cannot affect the establishment of any restrictions, therefore payments are made according to the general rule.

An employee can receive:

• calculation for actually worked hours;
• compensation for unused vacation days;
• payment after sick leave, in which the employee stayed before dismissal;
• compensation for travel expenses, including business expenses that were incurred before dismissal.

Nuances for different categories of workers

With regard to the dismissal for absenteeism of some employees, in practice, nuances arise or there is a legal prohibition on such actions.

According to the provisions of the Labor Code of the Russian Federation, the employer is prohibited from dismissing for absenteeism:

• a pregnant woman;
• single mother raising a child (children) under the age of 14;
• a father with many children or a mother with children under 3 years old;
• parent or sole breadwinner of a disabled child under 18 years of age.

Dismissal for absenteeism of part-time workers or young specialists is carried out on a general basis.

If a part-time employee notifies his employer in writing three working days in advance of the refusal to fulfill additional work, it cannot qualify as truancy.

In relation to military personnel and employees of the state civil service the norms of labor law are fully applied.

At the same time, for the first, the most unfavorable consequences of dismissal for absenteeism are provided, since they can no longer not get into military service a priori.

Controversial situations

When the norm is not applicable

Every employee who has strong evidence of his innocence can, in court, challenge the employer's decision to dismiss.

Among the controversial situations when the norm becomes inapplicable, one can single out:

• the employer has not specified the period of absence of the employee;
• the reason for the absence and the degree of the employee's fault has not been identified;
• unauthorized departure of an employee on legal leave;
• the violation was discovered more than six months later;
• the dismissal was due to vacation time, temporary disability, pregnancy.

Is there a statute of limitations?

The employer does not have the right to fire an employee for absenteeism if more than a month has passed since the discovery of this circumstance.

When can a dismissal be considered illegal?

There are situations that at first glance may resemble truancy.

However, termination of employment due to absenteeism will become illegal if:

• the subordinate was absent for exactly 4 hours or less;
• the four-hour absence was not continuous (the employee periodically returned and left the workspace again);
• if the employee is not assigned a specific place of work and during the period of fixed absence he was on the territory of the employer's organization;
• going on vacation without notifying the employer, but in accordance with the vacation schedule;
• the actual absence of the employee was not documented or the dismissal procedure was carried out with violations;
• the employee did not warn the employer in advance about the absence, but was able to provide evidence of a good reason;
• the employee used the days of rest, which are provided to him without the discretion of the employer (day off for the donor and others).

How to challenge an employer's decision?

The employee can challenge the employer's decision if he proves the fact of illegal actions.

It is of paramount importance to appeal against the employer's decision within a month from the date of familiarization with the order of dismissal.

This can be done by drawing up a statement and submitting it to:

• labor inspection;
• the prosecutor's office;

Most effective method - challenging in court.

The justice authorities will require strong arguments in support of their position, both from the employer and the employee.

The most reliable way to challenge the employer's decision will be to provide: audio and video recordings, testimony, documentary evidence of a valid reason for absence from work, as well as an indication of non-compliance with the dismissal procedure.

How is recovery at work done?

If a court or other competent authority considers the employee's position to be legitimate, the employer must strictly:

• reinstate him at work on the same conditions as before dismissal;
• pay off the downtime;
• cancel the entry in the personal card, work book of the employee.

Frequently asked Questions

How can you avoid termination of the contract?

An employee can avoid dismissal for absenteeism if that day fell on sick leave or the employer did not follow the paperwork procedure.

In special cases, termination of the employment agreement with the employer can be avoided if the employee's fault for absenteeism is considered insignificant.

Is sick leave payment made after dismissal?

Dismissal for absenteeism cannot be grounds for refusing to pay disability benefits.

The employee is required to pay benefits if the period of incapacity for work fell on the time when he was actually still on the employer's staff.

There are exceptions when the employee is paid compensation for incapacity for work even after the termination of the contract with the employer.

This basis is enshrined in the law "On compulsory social insurance in case of temporary disability and in connection with motherhood."

In accordance with Part 2 of Art. 5 of this normative act the insured employee has the right to claim payment of the incapacity for work sheet from the previous employer within 30 days following the day of termination of labor obligations.

Is it possible to carry out registration without the presence of an employee?

The algorithm for dismissal under an article for absenteeism implies the presence of many documents accompanying each stage, most of which must be signed by the absentee.

There is an acute question about the possibility of registration of materials, if the employee did not appear and the absenteeism took a long time.

The practice of such cases indicates that it becomes more difficult to dismiss an employee, since the employer is not aware of the reasons for his absenteeism due to the lack of an explanatory one.

The employer can choose one of the following:

• Wait for the employee to return, record every day of absenteeism by means of an act and time sheet. You can solve the issue of performing the work function of the absent by temporary hiring a new employee or the transfer to his position of another one already on the staff;
• Request an explanation of the reason from the subordinate by sending mail correspondence to the address of his official registration - a valuable letter with an inventory of attached documents and a return notification of delivery to the addressee.

If the employer resorts to the second case, then the days of the mail run must be added to the main response times to such notifications.

Conclusion

The legislator brought the absenteeism design to general viewsince cover all life situationsfalling under this definition is impossible.

An employee's absence from work for at least 4 hours and without good reason can be considered a truancy. Such an action may entail both minor punishment to the employee - a reprimand or reprimand, and dismissal.

It is possible to resort to the dismissal of an employee only if there are sufficient grounds and a high degree of his guilt.

Employees who are not conscientious about their job duties, and in particular truants, become a headache for the management of most enterprises. According to the Labor Code, absenteeism, in contrast to being late, is regarded as a violation of labor discipline, serves as a pretext for disciplinary action and even termination of labor relations, however, in reality, everything is not so simple. For the employer, the use of extreme disciplinary measures is strictly regulated by article 193 of the Labor Code of the Russian Federation. Moreover, both parties must know the rights. In some cases, the nuances of the process can help a conscientious person, protect themselves from unreasonable onslaught of management and not spoil their reputation. What is considered absenteeism, and what are the features of dismissal in connection with it, we will consider further.

Skip working hours

The concept of "truancy" in the Labor Code and its types

Absenteeism according to the Labor Code is the deliberate absence of a subordinate at the workplace (Article 209) without a valid reason for 4 hours in a row or more (Subparagraph "a" of clause 6 of Part 1 of Article 81). And also absenteeism is an unauthorized departure from work without warning about the break in labor obligations. The concept of truancy is defined (by the resolution of the Plenum of the RF Armed Forces No. 2 of 03.17.2004) In addition, truancy is such actions as: unauthorized leave on vacation without the permission of the authorities; failure to fulfill obligations after a legally completed transfer to another workplace; skipping shifts before the end of the agreed period, when issued under a fixed-term employment contract; leaving the labor zone without communicating with a superior, in cooperation under an employment contract without a prescribed period of its validity; idle working hours when the employer violates the rights of employees. To understand the situation, it would be more correct to contact the appropriate services.

Leaving work, as well as any non-performance official duties will be considered truancy when the truant has not indicated valid reasons and has not attached evidence to them.

Failure to comply with the assigned duties is absenteeism

There are two conditional categories of absenteeism:

1. Short-term (classic). Here the employer is warned where the subordinate is and can always talk to him. What needs to be done for absenteeism is stated in the Labor Code of the Russian Federation, article 193. A person is asked for an explanation of his trick, his excuse must be stated on paper and presented to the authorities within 2 working days. The reason for this is a memorandum written in advance to the name of the superiors and the documented fact of missing working hours on a certain day. If no response is received from a person, then an appropriate act is drawn up, which is signed by its compilers and three witnesses of the violation. And only after that, the head has the right to issue a decree on the imposition of a disciplinary sanction, recording the date of absence in the report card as absenteeism.
2. Long-term (long-term). Here the employer does not know where the subordinate is, for several shifts or weeks. Therefore, you cannot contact him. An employer, in order to be dismissed under the article for absenteeism, has to wait for the appearance of a frame at the workplace and only then proceed to the standard design. In this case, the law is allowed to request explanations by mail or telegram to the address available in the personal file of the subordinate. It is necessary to carry out registration strictly according to the Labor Code of the Russian Federation, otherwise the truant can turn the situation through the judicial authorities in his favor, recover in office and even receive compensation costs.
   The total time for the collection and issuance of the corresponding order is one month.

The consequences of truancy

We have defined what a labor law absenteeism is, now we will consider what creates constant clashes of interests between both parties. The fact is that Article 81 of the Labor Code of the Russian Federation does not contain a list of valid reasons. As a rule, the manager decides whether the reason will be serious, if in local acts the start and end times of the shift are strictly regulated, and the workplace is clearly defined. When a clear understanding of the workplace in regulatory documents no, one should rely on Art. 209 of the Labor Code of the Russian Federation. It says that workplace is an area that is assigned to each individual staff unit of the company... A person must stay in it and perform the work assigned to him, provided for by the normative and technical documentation.

By knowing the rights, a truant can escape punishment

When absenteeism, the employer may not issue a dismissal under the article for absenteeism, although he has every right to do so, it all depends on how competent he is in this matter. If an employee systematically breaks the rules, then this method is simply necessary to regulate work. The employer has the right to issue a reprimand, reprimand or to recover from the truant a forfeit in the form of deprivation of bonuses, although the lack of encouragement is not a punishment. Note that absenteeism at work of the Labor Code of the Russian Federation provides for only one punishment, so if a person is reprimanded, it is already forbidden to terminate labor relations for this absenteeism.

Labor activity in Russia has a huge number of features and nuances. All citizens are not only workers, but also ordinary people. Therefore, employers have a variety of questions in the course of their activities. For example, today we have to find out whether they can be fired for absenteeism. What is needed for this? In fact, the topic under study is extremely serious. It occurs quite often in practice. However, employers and subordinates have different views of this kind of situation. What does the Russian labor legislation? How to terminate an employment relationship with a truant? Answers to all these questions will be found below. If you take a good look at it, then no problems and disputes will arise.

Ambiguity of opinions

Can they be fired for absenteeism? As already mentioned, the answer to the question posed cannot be called unambiguous. Some say that they can be fired for absence from the workplace. Someone repeats the opposite. But who is right?

It all depends on the circumstances and the specific situation. The Labor Code of the Russian Federation is a set of laws governing the relationship between the boss and subordinates. It was created in order to resolve controversial issues. The rights of workers are protected by the Labor Code.

In general, a citizen can really be fired for absence from work. But under certain circumstances. Further, the studied topic will be considered in more detail.

The legislative framework

Can they be fired for absenteeism? It all depends on why the citizen did not show up for work. As already mentioned, termination of labor relations at the initiative of the employer due to the absence of a subordinate at work is possible. But not in all cases.

The Labor Code of the Russian Federation indicates that the boss can fire a person who was absent from work for no good reason for a long time... This right is established by article 81. Accordingly, in order not to be afraid of dismissal, you must always fulfill the signed employment contract.

However, sometimes circumstances are stronger than a person's will. Therefore, it is not always possible to be fired for absenteeism. Article 81 of the Labor Code allows the termination of the relationship between the employee and the boss only if there are no valid reasons. In addition, it is important to establish that it was absenteeism, and not being late. This is extremely important.

Definition of truancy

But how exactly? What is truancy? Without a valid reason, a citizen is absent from work for more than 4 hours in a row. It is this kind of behavior that is interpreted in modern Russian legislation as walking. How does the Labor Code qualify for truancy?

It follows that if the employee had valid reasons, then skipping a working day or a long absence from work is not a reason for dismissal.

The main problem is establishing respect. The Labor Code of the Russian Federation does not have any clear instructions as to which cases are considered a valid leave of work. Therefore, each truancy is considered separately. This is normal.

Good reasons

Can they be fired for absenteeism? Yes, if it has been proven. In other situations, absence from work will not constitute grounds for termination of employment. So you don't have to worry.

As already mentioned, the legislation of the Russian Federation does not indicate cases in which absence from work is considered valid. Nevertheless, in practice, you can more or less decide when absenteeism is such.

Among the valid reasons for absence from work, the following are most often distinguished:

• documented disability of a citizen;
• stay in government or public works;
• passing a medical examination;
• donating blood and its components;
• being in custody;
• participation in meetings and strikes;
• emergencies that interfere with normal operation (for example, flight cancellation or bus breakdown);
• delay in wages for more than 15 days.

The main thing is that a citizen can somehow confirm the existence of certain situations. Absenteeism without a valid reason, according to the law, can indeed be punishable by dismissal. But isolated cases, as a rule, are not so dangerous for a subordinate.

Disrespectful reasons

Life is unpredictable. Therefore, it is not always easy to decide whether they can be fired for absenteeism. Often the correct answer will be given by the judiciary. After all, employers and subordinates are not always able to resolve such a controversial issue themselves.

Good reasons for being absent from work for a long time have already been listed. Now you should pay attention to disrespectful cases. What do they include?

Today, the following circumstances are disrespectful reasons for absenteeism:

• passing a medical examination without a sick leave;
• time off for days worked in the absence of their official registration;
• applying for a leave to care for a baby, if the issue of such a situation has not been resolved in advance;
• finding a husband / wife in a hospital.

It follows that even if the spouse needs help during his hospital stay, he will have to work and fulfill the terms of the employment contract. After all, absence from work in this situation will be the reason for the termination of employment.

Disciplinary action

Accordingly, the most difficult decision is to determine the validity of the reason for absence from work. Every citizen must report to his boss about his behavior. This is a legal practice.

If an employee misses a working day, an explanatory note is written for absenteeism. The employer has the right to demand such a document in writing. There are 2 days for the report. If the subordinate has not written an explanatory note, the employer draws up an appropriate act.

In addition, the boss has the right to terminate relations with a negligent subordinate when the latter refuses to explain and does not provide evidence of a valid reason for absence from work. In this case, a disciplinary penalty is applied no later than one month after the discovery of truancy.

Can they be fired for absenteeism? As soon as a citizen has reported on his behavior, the employer must study all the documents offered to the attention, after which a decision is made on how respectful this or that situation is. A subordinate who disagrees with the outcome may appeal to the court for appeal. If the employer decides to dismiss the employee, but the judicial authorities establish a valid reason for missing the working day, the subordinate will have to be reinstated. Such situations are not uncommon. Therefore, each employer will have to think in advance how to dismiss for absenteeism. It is important to carry out such an operation in compliance with all its features.

But disciplinary sanctions, as a rule, are calculated by the employer independently. It is important to consider the previous behavior of each subordinate. So, for example, a conscientious cadre can get off with a small fine or warning, and a negligent subordinate - with high penalties.

Legal dismissal

Now a little about when specifically absenteeism will be considered as such. Respectful and disrespectful reasons for absence from work have already been presented. To make it easier for employers to navigate, it is necessary to pay attention to some specific cases.

How to dismiss for absenteeism? It is necessary that the absence from the workplace be characterized by one of the following layouts:

• a citizen is not working all day (regardless of the duration of the shift);
• a person is absent from the place of work for more than 4 hours in a row without good reason;
• the employee has entered into an employment contract, but at the same time it has not been there for a long time (no notification of intentions to dismiss);
• the subordinate does not work after filing an application for termination of labor relations with the employer (according to the law, work is required in 14 days);
• unauthorized leave or use of time off.

All this is grounds for dismissal "under the article." Such circumstances are not subject to appeal in court.

Procedure

Can they be fired for one truancy? In practice, such a solution is extremely rare. After all, the boss will still have to follow the standard procedure for terminating an employment relationship with a subordinate.

What is the right way to get fired for truancy? Need:

1. Establish the fact that a citizen is absent from the workplace.
2. Demand an explanatory note from a negligent subordinate. It takes 2 days to clarify the situation.
3. If the citizen has refused to explain, a special act is drawn up. It is signed by the authorities. Once the person has described the situation, it is necessary to establish how respectful the absence from work is.
4. As a result of the decision, either the employer formalizes the dismissal, or applies disciplinary action and continues the employment relationship.

You should pay attention to the fact that upon dismissal, the boss is obliged to make a full settlement with the citizen. More precisely, you will have to pay for the time worked by subordinates. In addition, the employee is entitled to compensation for unused vacation.

Going to court

As already mentioned, every person who does not agree with dismissal for absenteeism can appeal this or that decision in court. Only the judiciary will 100% say which situations are considered valid for absence from work.

Arbitrage practice demonstrates that in Russia employers are trying to fire for any absence from work. However, this step is not always legal. And "savvy" subordinates will always be able to restore their positions at their previous place of work.

There is no need to be afraid of litigation. The main thing is to provide evidence that the absence of the working day had good reasons. The court always examines all documents attached to the claim, on the basis of which it makes a decision.

Single violation

Can they be fired for one truancy? The answer is not as easy as it seems. It all depends on the conscientiousness of the employee.

From the point of view of legislation, dismissal for a single absenteeism takes place. In practice, it occurs only when either the boss does not treat the subordinate very well, or the staff does not work well. Most often, a single absenteeism entails a disciplinary penalty, warning and is limited to an explanatory one. This is the most common occurrence.

Outcome

Now the valid reasons for truancy are clear. In addition, it is now clear whether they can be fired for being absent from work for a given time.

Despite all of the above, the situation with truancy and termination of employment still remains rather ambiguous. Each case must be considered in individually... If it turns out that there is a good reason for absenteeism, there is nothing to fear.