Absenteeism for a good reason shopping mall rf. Dismissal for absenteeism in the shopping mall of the Russian Federation

Dismissal for absenteeism

The employment contract can be terminated by the employer in the event of a single gross violation by the employee of labor duties: absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from work place without good reason for more than four hours in a row during the working day (shift) - paragraphs. "a" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation.

Clarifications of the Supreme Court of the Russian Federation on dismissal for absenteeism

Judicial practice of dismissal for absenteeism

1. Satisfying the requirements for reinstatement, the court took into account the fact that the plaintiff had worked for the defendant for 45 years, was a labor veteran, had not been subject to disciplinary liability for the entire period of work, so the court concluded that a disciplinary offense on the part of the plaintiff took place, however, when he was dismissed for absenteeism, the administration did not take into account the provisions of Article 192 of the Labor Code of the Russian Federation

The plaintiff was unable to go to work for health reasons, he had a heart attack. The next day, he went to the doctor, where he was given a sick leave, first for outpatient treatment, and then he was assigned inpatient treatment.

The court concluded that the claims for reinstatement are legitimate and justified, the claims for the recovery of wages for the period of forced absenteeism are also subject to satisfaction (Decision of the Moscow Regional Court of April 5, 2011 in case N 33-7511).

2. The plaintiff was supposed to be on a business trip for 5 days, but left the city earlier, that is, was absent from the workplace for more than two days. The traveling nature of the plaintiff's work does not give him the right to move freely around the country during working hours at the time when the plaintiff was sent on a business trip to a specific city for a certain period

D. filed a lawsuit against the LLC for reinstatement, and asked the court to reinstate him at work in the position of Deputy General Director for Human Resources, collect average earnings for the time of forced absenteeism, compensation for moral damage.

The claims were dismissed, since it was proved that the plaintiff should have been in Yaroslavl until June 23, 2010, instead he left the city on June 21, 2010, and went to work in St. Petersburg only on June 24, 2010, then is absent from the workplace for more than two days (dated March 28, 2011 N 33-4247 / 2011).

3. The court recognized the dismissal for absenteeism as unlawful, stating that since the employment contract did not specify the specific workplace of the plaintiff, in accordance with Art. 209 of the Labor Code of the Russian Federation, it is considered to be the place where the plaintiff should have been or where he needs to arrive in connection with his work

The Court of First Instance decided: to reinstate the plaintiff at work in his position, to recover in favor of the plaintiff compensation for non-pecuniary damage in the amount of 20,000 rubles.

The court stated the following. From the materials of the case, it is seen that the job duties of the plaintiff are related to the performance of work not only in the office, but also outside it. On October 27, 2010, the plaintiff performed duties in the city of Solikamsk, participating in the inspection of damaged cargo, and then was summoned to the Perm Internal Affairs Directorate. Since the specific workplace of the plaintiff was not specified in the employment contract, in accordance with Art. 209 of the Labor Code of the Russian Federation, it is considered the place where the plaintiff should have been or where he needs to arrive in connection with his work. Therefore, the court, properly guided h. b Article. 209 of the Labor Code of the Russian Federation, came to the conclusion that the defendant's arguments about the plaintiff's absence from the workplace without good reason (Cassation ruling of the Perm Regional Court dated March 16, 2011 in case N 33-2325) were unfounded.

4. The court correctly determined the circumstances of the employee's absence from the workplace and concluded that there were no grounds for dismissing the employee for absenteeism

N. filed a lawsuit against MUZHEP-12 for reinstatement, stating in support of the claim that she was illegally dismissed from the position of a janitor for absenteeism, while at that time she was sent by the employer to the medical commission.

The claim is satisfied. The court found that the administration of MUZHEP-12 issued a referral to N. to undergo a mandatory medical examination. At the same time, based on the provisions of Art. 212 of the Labor Code of the Russian Federation, it has no legal significance whether this medical examination was preliminary (Article 69 of the Labor Code of the Russian Federation) or periodic (Article 213 of the Labor Code of the Russian Federation). In any case, the plaintiff could not be admitted to work without passing a medical examination.

Thus, having established the validity of the reasons for the plaintiff's absence from work from December 12 to December 19, 2006, also taking into account that the medical examination was passed by N. within a reasonable time, the court reasonably recognized her dismissal under paragraph "a" part 6 of Art. 81 of the Labor Code of the Russian Federation for absenteeism without good reason is illegal and, guided by the requirements of Art. 394 of the Labor Code of the Russian Federation, decided to reinstate her at work (see Generalization (review) of practice

5. Dismissal for absenteeism was recognized by the court as justified, because the plaintiff was not deprived of the obligation to appear at his workplace after the end of his interrogation in law enforcement agencies. In addition, the plaintiff had a real opportunity to inform the employer about the reasons for his absence from the workplace.

The plaintiff asked the court to recognize his visit to law enforcement agencies on May 28, 2010 and June 30, 2010 as a valid reason for absence from work, cancel the order to impose a disciplinary sanction for absenteeism, reinstate him in his position, collect wages from the defendant for the period of forced absenteeism .

The claim was dismissed, since it was established that the plaintiff was actually summoned to the premises of the law enforcement agency on 30.06.2010 by 09.30, but did not appear at the indicated time, in fact he was in the premises of the law enforcement agency on 30.06.2010 from 15.00. 05 min. until 16 o'clock. 15 minutes.

The absence of the plaintiff at the workplace on 05/28/2010 and throughout the entire working day on 06/30/2010 without good reason indicates that the employer has legal grounds for dismissing the employee for absenteeism under paragraphs. "a" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation (Determination of the St. Petersburg City Court of March 1, 2011 N 33-2871 / 2011).

6. The court found the repeated dismissal of the plaintiff for absenteeism illegal, since the employer did not indicate in the order that, on the basis of a court decision, he reinstates the plaintiff at work, in what position and with what mode of work, taking into account the conclusion of the ITU on the loss of professional ability to work

The plaintiff indicated that she was dismissed by the defendant on August 28, 2009 for absenteeism, however, by a court decision, the dismissal was declared illegal, she was reinstated at work. On February 15, 2010, the plaintiff was dismissed again for absenteeism due to absence from work in the period from January 14, 2010 to February 4, 2010.

The court satisfied the claims, it was decided to recognize the wording of V.'s dismissal under paragraph 6 of paragraph 2 as illegal. "a" Art. 81 of the Labor Code of the Russian Federation (absenteeism), change the specified wording of dismissal to dismissal of one's own free will, that is, Art. 80 of the Labor Code of the Russian Federation. At the same time, the court indicated that the court decision on the reinstatement of the employee at work is subject to immediate execution, regardless of the fact that the specified execution is not recorded in the operative part of the decision. This follows from the provisions of Art. 396 of the Labor Code of the Russian Federation. However, from the materials of the case, it is not seen that the employer in full immediately after the court decision executed it, that is, ensured the plaintiff's performance of her labor duties, and brought this to her attention. According to the order dated 01/14/2010, the employer only canceled the order to dismiss the plaintiff dated 08/28/2009, this order does not contain a record that the plaintiff was reinstated at work as a bricklayer and with what functional duties, in addition, this order was not brought to the attention of the employee (Cassation ruling of the St. Petersburg City Court dated February 14, 2011 N 33-1934 / 2011).

7. The defendant's failure to provide evidence of the employee's absence from work without good reason led to the cancellation of the decision. The defendant did not provide the court with evidence that the plaintiff was absent from work without good reason during the disputed period

8. A disciplinary sanction must correspond to the severity of the offense committed. The court did not take into account the length of service at the enterprise, that no disciplinary sanctions were previously imposed on this employee, has a minor son as a dependent, receives child benefit as a single mother

The plaintiff was dismissed under sub. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation (for absence from the workplace without good reason for more than four hours in a row. She asked to recognize the dismissal as illegal, as she was absent from the workplace for a good reason, and as a result: to reinstate her at work, to recover the average earnings for the entire time of forced absenteeism, compensate for moral damage.

Reversing the decision of the court, the panel of judges indicated the following. The court reasonably concluded that the plaintiff was absent from work without good reason for more than four consecutive hours on January 21, 2004. However, the court did not take into account the requirements of clause 53 of Resolution No. 2 of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" that the employer needs to provide evidence indicating not only that the employee committed a disciplinary misconduct, but also that when imposing a penalty, the severity of this misconduct, the circumstances under which it was committed, the previous behavior of the employee, his attitude to work were taken into account. If, when considering the reinstatement case, the court comes to the conclusion that the misconduct actually took place, but the dismissal was made without taking into account the above circumstances, the claim may be satisfied (extract from the ruling of the Judicial Collegium for Civil Cases N 33-2619 of August 4, 2004 No. (26), 2006)

9. Failure by the employer to provide evidence of the legality of dismissal for absenteeism entails the restoration of the plaintiff at work or, at his request, a change in the wording of dismissal to dismissal of his own free will

By order, the plaintiff was dismissed from the position of foreman under paragraph 6, sub. "a" Art. 81 of the Labor Code of the Russian Federation for absenteeism.

Satisfying the claims of the plaintiff, the panel of judges pointed out that in March-April 2004 there was no work at RSU LLC and employees were called to work if there were volumes of work. He performed his duties, searched for the scope of work, worked at DCS facilities. The court concluded that the defendant lawfulness of L.'s dismissal under paragraph 6 sub. "a" Art. 81 of the Labor Code of the Russian Federation did not prove (extract from the ruling of the Judicial Collegium for Civil Cases N 33-3047 of September 1, 2004; Bulletin of Judicial Practice of the Omsk Regional Court N 1 (26), 2006)

10. In the presence of evidence testifying to the illness of the employee, the provision of medical care to him during this period, the absence of a motive for him to hide the reason for absenteeism due to illness, the court had reason to critically consider the explanations of the representative of the defendant that the employee refused from giving written explanations and was acquainted with the dismissal order. Failure to clarify the reasons for the absence of the employee at work and the date of familiarization with the order led to the cancellation of the decision

Ch. filed a lawsuit against OMUP for reinstatement. Dismissal under paragraphs. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation considers it illegal, since it works according to the approved schedule for each month. On October 31, 2003, having completed his shift, he went home.

Satisfying the demands, the judicial board indicated that there was no written explanation of Ch. about the reasons for absenteeism. The court was presented with a copy of the call card of the MUZ "Emergency Medical Station", according to which on November 3, 2003 Ch. received medical care at home in connection with the exacerbation of his illness. At the same time, medical workers established the fact of a deterioration in his health about a week before the call.

On November 4, 2003, due to an exacerbation of Ch.'s illness, a sick leave was issued; on November 11, he was hospitalized in a hospital, where he remained until March 10, 2004. On March 9, 2004, the Bureau of Medical and Social Expertise established the second disability group due to the same disease.

In the presence of body temperature, high blood pressure, indicating the presence of a disease, the driver could not be released on the flight by medical workers. In this connection, the argument of the representative of the defendant that Ch. had committed absenteeism on these days should be questioned. (Extract from the Determination of the Judicial Collegium for Civil Cases of the Omsk Regional Court N 33-2145 dated July 7, 2004; Bulletin of Judicial Practice of the Omsk Regional Court N 1 (26), 2006)

11. The court correctly concluded that the employer had the right to dismiss the employee for unauthorized use of the day off under paragraph “a” of Part 6 of Art. 81 of the Labor Code of the Russian Federation (for absenteeism). The fact that the plaintiff took a day off with the permission of the employer is not confirmed by the case materials.

By order of December 5, 2006, T. was dismissed from work under paragraph "a" part 6 of Art. 81 of the Labor Code of the Russian Federation - absenteeism (absence from the workplace without good reason for more than four hours in a row during the working day), committed on October 27, 2006.

Reinstatement claim denied because It is clear from the case file that at the court session T. claimed that she had a day off, and she took it on October 27, 2006 with the permission of her immediate superior B., therefore her dismissal for absenteeism is illegal. I did not write an application for time off with the permission of B. At the same time, this statement of the plaintiff is untenable, since the case materials are not confirmed. So, interrogated as a witness in the court session, B. testified that the employee always writes an application for time off (see Generalization (review) of the practice of considering cases on labor disputes by district courts of the Novgorod region for 2007).

12. Dismissal of the plaintiff under paragraphs. "a", paragraph 6 of Article 81 of the Labor Code of the Russian Federation, the court found it illegal for absenteeism, the wording of the dismissal was changed to "dismissal of one's own free will." The court denied satisfaction of the claims for the recovery of the average wage for the period of forced absenteeism, compensation for non-pecuniary damage, since the defendant terminated his status as an entrepreneur

By order, the plaintiff, working as a seller for IP V., was dismissed under Art. 81 p. 6 p. "a" of the Labor Code of the Russian Federation for absenteeism without good reason.

The court came to the correct conclusion about the illegality of her dismissal, since the defendant did not provide the court with evidence of the validity of her dismissal, the fact that the plaintiff was absent without good reason was not proven by the defendant. The court also established a violation of the procedure for dismissing the plaintiff from work, since she did not receive explanations for the violation of labor discipline imputed to her. Since by the time the case was considered, the defendant had terminated his status as an entrepreneur without forming a legal entity, the court rightfully satisfied the plaintiff's claims, recognizing her dismissal under Art. 81 p. 6 "a" of the Labor Code of the Russian Federation illegal, in accordance with Art. 394 of the Labor Code of the Russian Federation changed the wording of her dismissal to "dismissal of her own free will" (Determination of the Irkutsk Regional Court of April 21, 2011 in case No. 33-3479 / 11).

13. The employer justifiably recognized the fact of shortage and investigation of the criminal case on this fact, by virtue of Art. 21 of the Labor Code of the Russian Federation did not release the plaintiff from the obligation to observe labor discipline, come to work and conscientiously fulfill her labor duties

By order B. was dismissed from work under paragraphs. "a" part 6 of Art. 81 of the Labor Code of the Russian Federation for absenteeism. The claim for recognition of the dismissal as unlawful was denied. The court stated the following.

On August 7, 2003, after the next inventory, the keys to the pavilion were taken from the plaintiff, and all the goods were taken out of the pavilion. Disagreeing with the actions of the management, the plaintiff did not go to work on August 8, 2003.

Specified by the plaintiff in the explanatory reasons for the absence from work, the employer was reasonably recognized as disrespectful.

The fact that the keys to the pavilion, which was subsequently closed, could not be considered a good reason for the plaintiff's absence from work. Based on clause 2.3. of the employment contract, the plaintiff's workplace was not the pavilion, but the Alyonushka trading house (as follows from the employment contract), however, the plaintiff only went to work at the trading house on August 11, 2003. After that, she was absent from work, although she had no obstacles to this.

The fact that, due to the discovery of a shortage of goods in pavilion No. 4, the plaintiff was suspended from work directly in this pavilion, also did not release her from the obligation to come to work at the Alyonushka Trading House (Generalization (review) of the practice of consideration by district courts of the Novgorod region cases on labor disputes for 2007).

14. If the employment contract is terminated under paragraphs. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation for absenteeism, it must be borne in mind that dismissal on this basis is possible only if absenteeism took place for an unexcused reason; there are cases when employees dispute the illegality of their dismissal in the absence of a dismissal order; there are cases of incorrect application by the courts of the provisions of Part 1 of Art. 261 of the Labor Code of the Russian Federation, according to which termination of an employment contract at the initiative of an employer with pregnant women is not allowed, except in cases of liquidation of an organization or termination of activity by an individual entrepreneur. On dismissal under paragraph 6 of Art. 81 of the Labor Code of the Russian Federation (paragraphs "a", "b") (one-time gross violation of labor duties), see also "Overview of the practice of considering civil cases on reinstatement by the courts of the Kaliningrad region in 2008".

Absenteeism is the basis for termination of the contract at the initiative of the employer. According to this, this means:

the absence of an employee without good reason for more than 4 hours in a row;

the absence of a citizen at work throughout the working day ().

The following circumstances can also be considered:

if the employee wrote a letter of resignation, but during the working off he decided not to go to work;

if the employee decided to terminate the fixed-term contract before the end of it and did not go to work without notifying the employer about it;

unauthorized use of time off and going on vacation without warning.

What is considered “good cause”?

The Labor Code allows you to fire an employee even for a single absence from work. But it is important to understand which circumstances are valid and which are not. Otherwise, the employee will have the opportunity with the help of the court to be reinstated at work.

In the Labor Code of the Russian Federation there are no clear indications of what reasons for the absence of an employee are absolutely valid. But, based on life circumstances, the list may be as follows:

illness of the employee (confirmed by medical documents);

illness or death of a relative;

natural disasters;

unexpected utility problems (which can be confirmed by a certificate from the HOA).

Also consider the following important points related to the absence of an employee. Valid reasons include permission received from the employer. If an employee takes time off, he can no longer be considered a truant. It is better to contact the employer with a request for free time with the help of a written document. It is desirable that the director put on it a resolution of consent, his signature and seal. This will allow the employee to protect himself in case of misunderstandings.

In Art. 209 of the Labor Code of the Russian Federation mentions the definition of “workplace”. This is the employee's place of work. If he was absent from his office for several hours, but was on the territory of the enterprise, such an absence will not be considered absenteeism.

According to Art. 209 of the Labor Code of the Russian Federation, absenteeism is considered to be absent from the workplace for more than 4 hours (time of absence during the day can be summed up). If an employee has been absent for exactly four hours or less, they cannot be fired.

The procedure for dismissal for unreasonable absence from work

Article 81 of the Labor Code of the Russian Federation gives the right to dismiss for absenteeism. If the employer decides to punish absenteeism in this way, he must follow Article 193 of the Labor Code of the Russian Federation 2016. The sequence of dismissal in this case is as follows:

It is necessary to record the fact of missing work. An act is drawn up, which indicates the period of time during which the citizen was absent.

A written explanation must be requested from the employee. It must indicate the reason for the absence.

If he refuses to explain his act, an act of refusal is drawn up;

An order is issued to terminate the contract, with which the employee is acquainted under signature.

An entry is made in the work book and in the citizen’s personal card with the following wording: dismissal for absenteeism, article 81 of the Labor Code of the Russian Federation, subparagraph “a” of paragraph 6 of part one.

For absenteeism at work, the Labor Code of the Russian Federation provides for punishment not only in the form of dismissal. Much depends on the employer. For example, if the work was missed by a valuable employee, instead of terminating the contract, the manager can use other methods of influence: reprimand, warning, deprivation of the bonus. If the situation repeats, dismissal cannot be avoided.

For the correct execution of documents, it is necessary to consider what is considered absenteeism and what is not. The fact is that some employers believe that they have the right to fire an employee if he was simply late for work, and equate this with absenteeism. Only now such actions are a violation of the law, and this can be easily proven in court. Here it is worth clarifying that even the slightest mistake in paperwork will make a respectable worker out of a truant who never missed his shifts.

Truancy: article on the Labor Code of the Russian Federation and nuances

What is absenteeism, and what is the name of the pass, according to the law, in 2016 and 2019? The Labor Code clearly states what can be considered a work pass, so there are no additional nuances here. Walking is usually considered:

Absence of an employee for the entire work shift. It does not matter how many hours the shift itself lasts.
It is considered absence and absenteeism if a person has not appeared at the enterprise without good reason for more than four hours. That is, if a person was not in place for 3 hours and 50 minutes, then this will no longer be considered a pass.
The employee was unable to provide his manager with documents stating that his pass had good reasons.

This is how absenteeism is indicated in the Labor Code of the Russian Federation. Despite the fact that it seems that all the criteria for absenteeism are defined, in judicial practice there are very often contentious issues - whether this or that case is absenteeism, since the circumstances are different. The fact is that absence from work for reasons that did not depend on the person himself is not absenteeism. This can be recognized as valid reasons and is recognized by the authorities:

Death and funeral of close relatives.
Health problems, for example, an employee was in intensive care.
Road accidents.
Disasters associated with natural phenomena.
Emergencies at the place of residence of the employee.
Court sessions where the employee must be without fail.

It is important to consider that all this must be documented. If there is no confirmation, then it is impossible to prove the existence of a good reason. Supporting documents include (in accordance with the Labor Code):

A sick leave certificate confirming the illness, or a certificate from a medical institution.
Summons from the court, the date must coincide with the date of absence from work.
Certificate from the traffic police about the accident.
Certificate from the housing department that the employee had housing problems.

Read also The concept of a fixed-term employment contract, features of its design

Also, it cannot be called absenteeism if the employee warned his immediate supervisor in advance that he would not be at the workplace for a certain time. True, there are nuances here. For example, an employer may say that this simply did not happen. It is recommended to make such statements only in front of witnesses or to fix it in writing. Otherwise, it will be impossible to prove it in court.

Do not forget that the lack of confirmation automatically equates a good reason with disrespectful. As a result, the employer has every right to punish his employee or even dismiss him.

What threatens

It is important for an employee to remember that leaving his workplace without a good reason and warning is a violation of labor discipline. These nuances are spelled out in the Labor Code of Russia. For such an act, the employer can hold the employee liable, as he has every right to do so. When punishing, the employer must take into account all factors - how conscientiously the official duties were performed, how often discipline was violated, how valuable this employee is to the enterprise. In this situation, the duration of absenteeism is also taken into account:

Four o'clock. It happens that an employee once missed four hours of his work shift, which is absenteeism. At the same time, the employee writes an explanatory note, focuses on the fact that this case is an exception to the rule. In addition, he repents of what happened. In this case, the head can limit himself to only a verbal warning, if he deems it necessary to do so.
Long walk. An employee who is absent from his job for several days and does not fulfill his duties is a malicious violator of discipline. In this case, the absence is considered long. Often, after such actions, there is a dismissal if the employee did not provide a certificate of good reason. It is important to draw up an official act about this absence from the workplace of the employee in time. This is done within 30 calendar days from the date of violation. It will no longer be possible to do this later.
Systematic omissions. Absenteeism on a regular basis refers to the fact that an employee systematically misses work without good reason. You can safely fire him, because there is no hope that his behavior will change.
Holidays. Sometimes employers call their employees to work on weekends and holidays. If the employee does not give consent to this and then does not appear at his workplace, this will not be considered absenteeism.
Business trips. Usually, an employee on a business trip works according to the schedule that his company has. Therefore, here it can be considered absenteeism if the employee violates this schedule. Absenteeism in this case is fixed in the most usual manner, there are no nuances here.
Probation. Absenteeism during the probationary period will most likely lead to the fact that the employee is simply not hired for a permanent job, since it is not profitable for the employer to have such employees on the staff. Employees need to keep this in mind and be as responsible as possible in their workplace during the probationary period.

Read also Step-by-step instructions for dismissal for absenteeism

Decor

In order to be able to issue a warning or dismiss an employee, it is necessary to correctly arrange absenteeism without violating the legislation of the Russian Federation and understanding all the nuances:

First of all, an act is drawn up, which indicates the day and time of the employee's absence from his workplace.
The employee presents an explanatory note, which indicates the reasons for his absence from work. If he has documents that confirm a good reason, then there is no need to write an explanatory note, and this item is skipped.
The head of the truant draws up a report.
All collected documents on the fact of absenteeism are sent to the General Director, who, in turn, considers this case.
An order is issued stating what penalties will be taken.

Important! If the employee decides to dismiss, then this information is entered in the work book. This is done without fail. Absenteeism is indicated in the articles of the Labor Code of the Russian Federation.

Proof of

A dismissed person can be reinstated if the fact of absenteeism is not proven, that is, some documents are drawn up incorrectly. That is why it is recommended to draw up an act of absenteeism on the day of the violation. In this case, it is necessary to involve witnesses (other employees) in this. They must read the act and sign it. Also, absenteeism is recorded in the time sheet marked "NN". All these actions must be carried out without fail, otherwise it will be impossible to prove in the future that the employee really was not at his workplace at the allotted time.

Measures of influence

There are several options for disciplinary action. The choice of one or the other depends on the severity of the violation, but must be in accordance with the Labor Code of the Russian Federation:

Warning or note. It can be done both in writing and orally - at the discretion of the employer.
Rebuke. It can also be written or oral.
Dismissal.

The Labor Code clearly states that the employer has every right to dismiss an employee for absenteeism, but this action is not mandatory. That is, the decision is made by the employer himself, based on his personal and subjective ideas. In some cases, the boss decides that the best punishment would be to deprive his employee of the bonus.

Mistakes

Sometimes it happens that upon dismissal due to absenteeism, documents are drawn up incorrectly, and in the future this leads to proceedings in court. Main mistakes:

The employee was not familiar with the order form and did not put his signature there.
The package of documents that confirms absenteeism is not complete.
Compensation for unused vacation was not issued.

Today we will be interested in the step-by-step procedure for dismissal for absenteeism. This process in real life is not as easy to implement as it seems. After all, not always absence from the workplace is considered absenteeism. Therefore, employers may have some problems with the implementation of ideas. 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 the workplace. What should an employer know about this procedure? How to properly prepare for the dismissal of a truant?

Definition of absenteeism

The first step that needs to be taken is to establish the fact that the subordinate just skipped a working day. To do this is very problematic. Under what circumstances is dismissal for absenteeism threatened? 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 if it's the first pass. The main problem is that absenteeism has an ambiguous definition. And if the employer could not establish the fact of illegal skipping of the working day without good reason, no dismissal can take place. This is the main problem that employers face.

So what is a walk? This is the absence of an employee at the workplace for more than 4 hours in a row. At the same time, the Labor Code emphasizes that a subordinate should not have good reasons for missing a work shift.

good reasons

How is an employee fired for absenteeism? The procedure and step-by-step instructions for this process are difficult only at the very beginning. Namely, when 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 when the absence of a working day or shift is considered to be missed for good reasons. But such events 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;
detention of an employee (for example, arrest);
emergencies resulting in absence from work and transport problems;
salary delay for a period exceeding 15 days;
conducting emergency services that require access to the employee's home.

It can be seen that respectful absence from the workplace 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 in 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 instructions will help you figure it out. The main important points have already been considered - this is the definition of absenteeism and good reasons for absence. An error in deciding whether to dismiss a subordinate may result in the liability of the employer.

If you are sure that your employee is just skipping work, be sure to fix the offense. 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, notes of colleagues, videos and other sources of information that record when personnel arrive and leave the company can serve as evidence of the absence of a subordinate at work.

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 on skipping a working day (shift), as well as collecting evidence, the employer must check whether his actions are legal.

In some cases, it is impossible to dismiss citizens on the personal initiative of the employer. Then, for absenteeism, an employee cannot be deprived of work. For example, the Labor Code prohibits the dismissal of pregnant women. The employer, under no pretext of his own free will, is not able to deprive an employee of a position of work. Unless at liquidation of the enterprise dismissal takes place.

Disciplinary sanctions

The next step is not provided for all employers, but only for those who provide for disciplinary sanctions 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 the employer learned about the payment later than six months from the moment of absenteeism.

Explanatory

Before the immediate execution of the dismissal begins, the employer must require an explanatory note from the subordinate. This is the main document on which the entire process of depriving an employee of a job depends.

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

Next, the employer evaluates whether the absence of a working day is really considered absenteeism. If so, you can proceed to the next step. Not? Then you have no right to fire a subordinate. If the staff in this case go 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 request for the document, the employer is obliged to draw up an act on 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 remove a subordinate from work. But keep in mind that you can compile it only after you study the reason for the absence of a subordinate.

When drawing up a dismissal order, remember that you cannot deprive an employee of his job who is on vacation at the time of issuing the document. This restriction also applies to cases when the staff member is temporarily unable to work. These rules are specified in article 81 of the Labor Code of the Russian Federation.

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

Familiarization

Documentation of the dismissal of an employee for absenteeism is almost completed. The main part is over. Now it's up to the little things. After issuing the dismissal order, it is necessary to obtain the signature of the subordinate on this document. The employer must inform the employee about the punishment applied.

Of course, "according to the article" few people will agree to quit. If the employer seriously intends to refuse the frame, 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 familiarization of the subordinate with the document. For example, make a video. It may be required if the employee decides to go to court to complain of wrongful suspension from work. Threatened with dismissal for absenteeism? Step-by-step instructions indicate some 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.

Calculation

What else is needed to properly issue a dismissal for absenteeism? The step-by-step procedure (scheme) indicates that the employer must necessarily pay the employee for the hours worked. If this point is neglected, you can prepare for responsibility.

The employer must prepare and provide a note-calculation to the subordinate. With her, the frame is sent to the accounting department in order to receive the required funds 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 applies for settlement to the accounting department.

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 the work book of the frame, as well as in his personal card. The reason for the dismissal must be stated. It must be exactly the same as on the order issued earlier.

The dismissed person 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 is drawn up about this. You can do without it, but in the event of litigation, any documents can help the employer prove their innocence and the legality of actions.

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

By the way, the employer is obliged to return this document to the subordinate. Even if the employee generally owes the company. No one has the right to keep the work books of the dismissed.

How to get fired for absenteeism? The step-by-step procedure must be fully followed. Only in this way can the employer protect himself. Often there are situations in which the dismissed person does not want to pick up the work book. In this case, it is necessary to send a notification to the employee by registered mail, stating that the frame should pick up the "labor". It is also recommended that if an employee refuses a book, draw up an act on this incident.

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

income statement

It's all. Now it is clear how the dismissal for absenteeism occurs. The instruction for this procedure provides for one more point. It is optional, but if you implement it, you can not worry that you will still run into a truant.

It is recommended that by the time of registration of dismissal under the "article" for absenteeism, issue a certificate of income to the subordinate in the form of 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 personnel 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 can not worry that the process of removing an employee will be violated.

Absenteeism is one of the most flagrant violations committed by an employee. Paragraph 6 of Article 81 of the Labor Code defines it as a failure to appear at the place of work of an employee for 4 hours in a row. The total absence of an employee from the workplace during such a period of time will not be considered absenteeism. Also, a necessary sign is the absence of a good reason for the employee.
For the commission of this misconduct by an employee, the legislation establishes various penalties, up to termination of the contract. About what the Code provides for the types of penalties for absenteeism, we will discuss in the current article.

Consequences for absenteeism from work

Of course, with such a negligent attitude to their work, sad consequences cannot be avoided. As soon as the boss finds out about the absenteeism of the employee on his shift, he will certainly demand an explanation. If a statement of the reasons for what happened was not received from the employee, the employees of the personnel department draw up an act about this. An investigation is underway into violation of the rules of discipline. It should be noted that the punishment must be applied no later than a month from the date of receipt of information about the absenteeism admitted by the employee. There are exceptions to this time:

sick leave;
Vacation;
Other official grounds for the absence of a absentee.

In any case, penalties must be applied no later than six months. The procedure for bringing to punishment should be carried out in compliance with the procedure prescribed in Art. 193 of the Code.
When determining the type of punishment to be applied, the employer must carefully consider all the reasons for absenteeism, the personality of the employee and his performance characteristics. Based on all this, he should decide the following: dismiss him or confine himself to a reprimand for the first time.

Punishment for absenteeism without good reason

In accordance with Art. 192 provides for not one type of punishment, but a whole list. At its discretion, taking into account the analysis of all the circumstances of absenteeism, the authorities may take the following measures to the worker who committed the violation:

Make a note.
Announce a reprimand in front of the entire team.
Terminate the contract with the worker.

The legislation does not specify that absenteeism should be dismissed from work. The fate of the worker is in the hands of his employer, only he evaluates whether he needs such an employee or not. However, it should be noted that the implementation of the will of the leadership must be supported by the norms of the law in this regard, and nothing else.

Penalty for absenteeism at work

Labor legislation does not provide for such a measure of punishment as a fine. However, the Code does not prohibit the establishment of penalties that are not specified in it. On the basis of which enterprises and firms prescribe in their local acts a system of fines applied to absentee workers.

The collection of a fine, as practice shows, is an excellent means of preventing such violations among the entire workforce. In addition to a fine, the authorities can also deprive the offender of the bonus.

An important point is that if a fine is not prescribed in a local local act as a punitive measure, it is not possible to apply it in relation to a worker.

Dismissal for absenteeism from work

Dismissal is the most formidable measure for this disciplinary offense. A dismissal record made in a labor record with reference to an article of the law can greatly harm the worker in the future, since few employers want to take a person who is able to skip.

Dismissal is carried out in a certain order, which is established by the Code. First you need to get an explanatory note from the worker, then an act is drawn up, an inspection is carried out, and only then an order is drawn up. The employee gets acquainted with the order on the day of dismissal. The issuance of a book in hand, a full financial calculation - all these rights of a worker must be observed when he is fired. In addition, compensation for unused legal leave in monetary terms is also a prerequisite.

Order on disciplinary action for absenteeism - sample

The order is signed by the head of the company. After signing, the order is submitted for familiarization to the employee, after which a complete dismissal procedure is carried out with clarification of rights, collection of signatures and issuance of documents.
The sample order must contain the following:

Business name.
Information about the dismissed person.
The date of termination of the relationship.
The basis with the exact formulation of the norm.
Attached documents: acts, explanation.
Chief's signature.

Thus, the law determines the exact list of punishments for violation of discipline, and also provides the employer with the opportunity to choose the type on their own, based on an assessment of the circumstances of the violation.