Dismissal for absenteeism: there is no person - but there is a problem. Absence of an employee from the workplace without a good reason: what the consequences may be

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

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

A normal and responsible employee will always warn the employer if something happens to him and he does not come to work. But if he disappeared and phone calls doesn't answer, he's probably playing truant. Let's look at the procedure for registering dismissal for absenteeism.

Step 1. Record the fact of absence

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

Sample act of absence of an employee from the workplace

Sample form for an employee's absence from work place

On the first day of such acts, at least two must be done. The first one is before lunch, the second one is before the end of the working day. In subsequent days (no more than three), one report is drawn up for each day of absence. If the employee never shows up, the employer continues to draw up one report per week until the person actually appears at work or decides to send him questions about the reasons for absence by mail. Upon dismissal, this act will serve as one of the supporting documents.

Step 2. Note the absence on the time sheet

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

Sample of recording absenteeism in a time sheet

Until a written explanation is received

After receiving a written explanation

Step 3. Notify the company management

On the first day of absence of an employee, his manager must inform the general director about this. This message is issued in the form of an official note in which:

• the situation is briefly described (the employee did not show up at work and is not in touch);
• contains a proposal to obtain written explanations from the employee with the subsequent adoption of a decision to involve him in disciplinary liability, including in the form of dismissal.

Sample memo about employee absenteeism

Step 4. Ask questions

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

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

• postal forwarding to the addressee;
• actually writing the explanation;
• return postage.

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

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

Sample act of refusal to provide written explanations

Sample letter with questions about the reasons for absenteeism

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

Step 5. Assess the validity of the reason for absence

(if there is a certificate of refusal, this step can be skipped)

If management decides to dismiss the culprit, the order is issued using the unified T-8 form. Dismissal for absenteeism is processed according to Article 81 of the Labor Code of the Russian Federation.

Sample letter of dismissal for absenteeism

Step 8. Introduce the employee to the order

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

Step 9. Fill out the work book

Sample entry in the work book upon dismissal for absenteeism

Step 10. Issue a work book

On the last working day, the employee must be paid all due cash payments, and . For its receipt, the recipient signs.

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

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

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

Express your opinion about the article or ask the experts a question to get an answer

The legislation clearly interprets the term absenteeism, but does not contain grounds on which the reasons can be considered valid and will not provide an opportunity to fire a “negligent” employee.

What is truancy?

The legislator interprets absenteeism as a long-term absence of an employee from the workplace without good reason. A time of 4 hours or more can be taken into account.

To minimize losses, the employer must take some preventive measures:

• be sure to familiarize employees with the Internal Rules labor regulations, which should display how and within what time frame personnel should report their absence so that the manager can timely redistribute the responsibilities of the absent employee among other personnel;
• the head of the department or other authorized person must have a list of employees who can replace each other;
• the head of a department or other unit must have a reminder of what he is obliged to do if an employee is absent from the workplace without a good reason.

An example of a memo for an employer:

1. In the absence of an employee, the manager is obliged to call back his known telephone numbers, home or mobile;
2. Specify the reason for absence;
3. Talk with the staff, perhaps the absent person reported something to his colleagues; if this happened, then it is better for the employees to put the information in writing;
4. The drawn up act must describe the measures taken to find the truant;
5. Transfer of all documents to the personnel department.

Recording a no-show

If an employee fails to appear, a report must be drawn up.

It is on a detailed statement of the fact that an employee is absent from the workplace without a good reason that his future fate at this enterprise will depend. Perhaps the person simply got sick or found himself in another difficult situation.

The report must be drawn up in front of witnesses; it is better to involve personnel from another department, so that in the future, the truant will not be able to put pressure on his colleagues, or prove that the report was drawn up under pressure from his superiors.

The administration of the enterprise is not required to take immediate measures to find the employee; however, if the person lives alone and the phones are not answered, then it is recommended to go to his home. If no one opens the apartment or house, then it is better to ask your neighbors when they saw the person last time, if no one can provide any information, then the logical step would be to call the district police officer to open the premises.

If no measures to search for an absent employee have yielded any results, then it is recommended to draw up an act of absence almost every day. The letter code “NN” is entered in the report card, the person digital code – 30.

It is these two documents that serve as evidence in court proceedings, so their execution should be approached carefully.

The process of finding out the reasons for absence

An employee could get sick and not report it to his superiors.

If a truant shows up, presenting a sick leave certificate or a certificate from a medical institution, then all the documents drawn up about the absence should not be destroyed.

In cases where the employee was truly absent from the workplace without a valid reason, a written explanation should be required from him. If the truant refuses, it is recommended to make a written request and hand it over to him against signature.

Such evidence in court proceedings is much more effective than oral explanations from the employer.

Notification of the need to explain the reasons for non-appearance is not regulated by any normative act, but must contain details of the enterprise, details of the truant, and a request for a written explanation of the reasons for failure to appear within a specific time frame. As a rule, it does not take much time to draw up an explanation; it can be 2 or 3 days.

If within the specified period the employee has not submitted an explanation, then the employer is obliged to draw up a corresponding act.

If an employee refuses to explain his absence in writing, he is not deprived of the right to apply disciplinary sanctions, including termination of the contract. This is prescribed by law.

What reasons can be valid?

Not all reasons are valid.

The administration of the enterprise can independently decide the “fate” of an individual employee, whether a specific absence is considered a day of absenteeism. If the staff did not have malicious intent and made mistakes in good faith, then such absence cannot be considered absenteeism.

The legislation provides options when the employer is obliged not to recognize absence as absenteeism in the following cases:

• provision of sick leave or an extract from a medical record;
• performance by an employee of public and state duties, for example, if a particular employee is a member of the election commission;
• if the employee is a donor.

In addition, if an employee was unable to get to work on time, or could not at all, due to freezing rain or a snowstorm, then no court will recognize such a reason as not valid.

A valid reason for absence is also an appearance in court, or at the tax authorities to give evidence, as a witness, or as another person. Such confirmation is reflected in the decisions of the Supreme Council.

A fire or short circuit in the house, accidents on the way to the workplace, and other unforeseen life circumstances are also valid reasons and cannot be a reason for dismissal for absenteeism.

Regarding delays from next vacation, the opinions of experts and courts are ambiguous. For the most part, dismissal from a position for such a reason is recognized as legal, since the employee is obliged to plan his trips in such a way that possible unforeseen situations, late plane or train, and adverse weather conditions are taken into account.

If the employee decides to leave workplace or did not show up at all, citing the fact that his computer was broken or there were no clients, will certainly be interpreted as absenteeism.

What to do with a truant?

Disciplinary action may be taken for absenteeism.

An employee’s absence from the workplace without a good reason is a real reason to get rid of “unnecessary” personnel. Although, in addition to dismissal, disciplinary punishment may be imposed, but no later than 1 month from the date of the incident.

One offense can only be punished once. The employee must be familiarized with the signature. If the employee does not want to sign, then the employer draws up a report.

It should be remembered that a truant has the right to go to court to protect his rights. In this case, the employee will have to be reinstated and the average salary for the period must be paid. forced downtime. To avoid such a situation, it is recommended to follow the evidence collection and dismissal procedure.

First of all, there must be written confirmation of the employee’s absence from the workplace, these are absence certificates, memos, explanatory and other supporting documents. You should not draw up such documents retroactively, but draw up everything on the day of absenteeism.

Further registration of dismissal is carried out according to general rules. The employer is obliged to convey his decision to the employee in writing, with an introductory signature. If for some reason it is not possible to familiarize the employee personally, then a corresponding mark is made on him.

The day of dismissal is considered the last working day, even if the absentee was absent from the workplace. The Labor Service takes the position that the last working day that preceded absenteeism is the day of dismissal.

Under any circumstances, employment history must be issued on the last working day, even if the contract is terminated due to absenteeism.

The imposition of a disciplinary sanction, including dismissal, cannot occur later than 1 month from the date of the offense.

Regardless of the reasons for dismissal, the employer is obliged to make a full financial settlement with the employee on the day of his dismissal. In the event that wages are not transferred to bank card, all accrued payment is deposited until the dismissed employee applies to receive it.

Remember, you cannot fire a pregnant woman, even if she is a habitual truant.

Never fire a truant on the day of his absence, without a written explanation of the reasons for his absence.

You should find out why the employee has been absent for a long time.

Much the situation is more complicated when the employee is absent for a long time for a long time, the employer is unable to find out the reasons for the absence. It is recommended to call him periodically, preferably with witnesses, and draw up a report.

You can send once a week postal items to the truant’s residential address, with a request to explain the reasons for the absence.

The courts confirm the right of the administration to dismiss for absenteeism a person to whom a notice was sent home, which was returned with a mark of delivery, or vice versa, the letter was returned due to the expiration of the storage period or the recipient refused written confirmation of delivery of the notice.

There may be a situation where an employee was imprisoned for 15 days for an administrative offense. On the one hand, it is not possible to terminate an employment contract with a convicted or detained person, but this applies to criminal prosecution.

Administrative punishment is not a basis for maintaining a job, since this is a different proceeding from criminal proceedings.

The practice of considering such court cases is ambiguous.

To summarize, dismissal of personnel for absenteeism requires clear written documentation and compliance with all norms of current legislation.

From this video you will learn what to do if an employee does not communicate.

Form for receiving a question, write yours

Employees who are dishonest with their job responsibilities, and, in particular, absentees, become a headache for the management of most enterprises. The Labor Code regards absenteeism, as opposed to being late, as a violation labor discipline, serves as a reason for disciplinary action and even termination of employment relations, however, in reality it is not so simple. For an 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 himself from unreasonable pressures from management and not damage his reputation. What is considered absenteeism, and what are the features of dismissal in connection with it, we will consider further.

Missing work hours

The concept of “truancy” in the Labor Code and its types

Walk around labor code- this is the intentional absence of a subordinate from the workplace (Article 209) without good reason for 4 hours in a row or more (Subparagraph “a”, paragraph 6, part 1, article 81). Absenteeism also means leaving work without permission without warning of the termination of employment obligations. The concept of absenteeism is defined (by Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004). In addition, absenteeism includes such actions as: unauthorized going on vacation without permission from superiors; failure to fulfill duties after a legally executed transfer to another workplace; skipping shifts before the end of the agreed period when issued on an urgent basis employment contract; leaving the work zone without communicating with a superior, when collaborating under an employment contract without a specified validity period; downtime of working hours if the employer violates the rights of employees. To understand the situation, it would be better to contact the appropriate services.

Leaving work, as well as any failure to perform official duties, will be considered truancy when the truant does not indicate valid reasons and does not attach evidence to them.

Failure to perform assigned duties is truancy

There are two conventional 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 Article 193 of the Labor Code of the Russian Federation. The person is asked for an explanation for his behavior; his justification must be written down on paper and presented to his superiors within 2 working days. The basis for this is a memorandum prepared in advance addressed to the authorities and the documented fact of missing working hours on a certain day. If there is no response from the person, then a corresponding act is drawn up, which is signed by its drafters and three witnesses to the violation. And only after this the manager has the right to issue a decree imposing a disciplinary sanction, recording the date of absence on the report card as absenteeism.
2. Long-term(long-term). Here the employer does not know where the subordinate is staying, for several shifts or weeks. Therefore, he cannot be contacted. In order to fire someone for absenteeism, the employer has to wait for the employee to appear at the workplace and then proceed with the standard processing. The law allows you to request explanations by mail or telegram to the address 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, be reinstated in his position and even receive compensation costs.
   The total time for collection and issuance of the corresponding order is one month.

Consequences of absenteeism

What is truancy labor legislation We have identified, now we will consider what creates constant clashes of interests between both sides. 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 local acts the start and end times of the shift are strictly regulated, and the workplace is clearly defined. When a clear concept of the workplace in regulatory documents no, you should rely on Art. 209 Labor Code of the Russian Federation. From it it is said that a 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, as provided for in the regulatory and technical documentation.

Knowing the rights, a truant can avoid punishment

In case of absenteeism, the employer may not formalize 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 violates the rules, then this method is simply necessary to regulate work. The employer has the right to issue a reprimand, reprimand, or collect a penalty from the truant in the form of deprivation of bonuses, although the lack of incentives is not a punishment. Note that absenteeism from work is provided for by the Labor Code of the Russian Federation only one punishment, so if a person is reprimanded, terminate labor Relations Absenteeism for this purpose is already prohibited.

Are there valid reasons for absence from work? Some employers joke that only death is considered a valid reason for absenteeism. But often absenteeism is due to illness, a wedding or an exam at the university. Let's figure out what truancy is and what reasons can be considered valid.

What is considered truancy?

Absenteeism is considered to be the absence of an employee from work for more than 4 hours in a row, but provided that lunch time, which is due to the person by law, has been deducted. Absence period less than specified period need to acknowledge .

Truancy is divided into two categories:

1. Without good reason. Such absenteeism may become a reason if the employer does not impose another punishment on the employee.
2. For a valid reason, when a person was forced to be absent.

In practice, situations often arise when the employer does not recognize the employee’s arguments as valid and dismisses him. Then the employee can go to court and appeal the decision.

Analyzing the circumstances modern life, you can identify some valid reasons for an employee’s absence.

Personal reasons

1. Illness or injury.

Absenteeism is due to the health of an employee when a person goes to the hospital, but does not take out a sick leave sheet. Many people give up sick leave in order to maintain wages. In this case, the employee must provide a doctor’s certificate indicating the date of the appointment.

2. Medical examination.

If a person works in a grocery store, child care facility, catering, military, fire or rescue service, then a medical examination is mandatory procedure, and the absence of an employee cannot be considered absenteeism. But if the employee prescribed a medical examination for himself and did not bring a doctor’s certificate, then this can no longer be considered a valid reason.

If an employee refused to issue a sick leave or was undergoing a medical examination, he must provide a doctor’s certificate.

3. Illness of a child or other family member.

This fact must be confirmed by a doctor’s certificate or taken sick leave to care for the child.

4. Unexpected breakdown in utilities.

These reasons include a gas leak, a broken heating or water supply pipe, an electrical short circuit, or a fire.

5. Participation in government processes.

The reason for absenteeism is considered valid if the employee is in court on a subpoena, for example, as a plaintiff, witness, juror or representative of the election commission. According to Art. 46 of the Constitution of the Russian Federation, such a reason is considered valid, because a person has the right to personal participation in court.

6. Delay of salary.

Delay in salary payments for more than 15 days can also be a valid reason. An employee has the right not to go to work, but must notify the employer in writing. According to Part 2 of Art. 142 of the Labor Code of the Russian Federation, absence may continue until at least part of the amount is paid wages.

Reasons for absenteeism caused by external factors

The circumstances for absenteeism may not be related to personal reasons. Anything that can be classified as a force majeure situation justifies a person’s absence from work for 4 hours or more.

Force majeure situations:

1. Elevator breakdown in a building - an employee got stuck in the elevator and was unable to come to work.
2. Road traffic accident.
3. Transport malfunction if it is not possible to transfer to another bus, trolleybus, etc.
4. Natural obstacles (flood, ice, strong gusts of wind).
5. Epidemiological situation in the locality and mandatory vaccination.
6. Flight delay, which creates barriers to timely return home from vacation, business trip or other trip.
7. Lack of tickets at the ticket offices of any road, water or air services.

If the employee has confirmation that the absence was due to serious circumstances, then you cannot fire him.

Reasons for absenteeism that are known in advance

Sometimes the reason for absenteeism may be other circumstances that arose the day before or were known in advance. Such reasons include a wedding, the birth of a child, or the death of a close relative.

The employee also has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism. But the employee is obliged to warn the manager about these circumstances in writing; if this is not possible, then you can simply call. According to Art. 128 of the Labor Code of the Russian Federation, the period of absence from work cannot exceed 5 days.

An employee has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism.

Absenteeism does not always happen at the will of the employee. Sometimes a person is forced to stay late or not come to work at all due to unforeseen circumstances. But if there is a justification for absenteeism and it is valid, then you do not have the right to exceed your authority and deprive the employee of work. Before you publish, give your subordinate the opportunity to justify himself.

Hello! This article talks about the reasons for absenteeism.

Today you will learn:

1. Disrespectful and valid circumstances of absence from work;
2. about absence from production;
3. What penalties apply for unlawful absenteeism and is it possible to impose a penalty for failure to appear for a good reason.

Truancy concept

In simple terms, absenteeism - this is the absence of a person in his place labor activity for some time, with or without reason. According to the Labor Code of the Russian Federation, the term absenteeism is defined as absence from work for more than 4 hours for an unexcused reason and less than 4 hours for a valid reason.

According to this terminology, absence from work can be divided into two types:

1. Without a reason, which may later result in dismissal. But in some cases, management may take other measures to punish their worker.
2. For any reason, that is, absence is justified.

According to labor law, an employee can seek help from the court if the employer neglected a valid reason and decided to resort to.

• For how long did the absence occur, that is? work time or time reserved for rest;
• How long does the absence last?
• How many times during a shift or during a working day a person was absent from performing a production task.

In practice, absenteeism at work is bad, but before you are fired, you need to know the basic concepts of labor law.

Absenteeism is classified as a violation production process, which may result in losses and damage to the organization.

Unexcused reasons for absenteeism

The concept of a disrespectful reason is not defined by the Labor Code of the Russian Federation. It follows from this that the employer himself has the right to assess the legality and importance of absenteeism or absence from work for some time.

The absence of a list of unexcused reasons does not give the employer the right to regard each absence as unauthorized absence. He must take this determination with full responsibility, otherwise the precedent will be considered in court.

As a rule, the court proceeds from legal and disciplinary responsibility, that is, the entire proportionality and legality of the case is taken into account. In this case, the entire galaxy of reasons and motives for the employee’s absence from his place is subject to verification. And if a valid reason for absenteeism is identified, the employer will be punished in this case.

When identifying factors that precede an employee’s failure to appear, the employer must apply a punishment commensurate with the employee’s misconduct, and also take into account previously identified disciplinary measures.

What is a valid reason for absenteeism?

There come times when you cannot be present at your workplace. And in some cases, you don’t try to warn your boss about this. This may cause disagreements between you and management. Therefore, it is better to worry about this in advance and notify about deliberate absence.
What could be the reasons for such a no-show:

In any case, you must inform the director in advance of the reason for your late arrival to work. This can be stated in in writing upon arrival at work, call from mobile phone boss or any other managerial specialist.

According to the above circumstances of absence from work, it can be argued that some of them are beyond the control of the employee and may occur unexpectedly. But still, each of them must be considered independently, taking into account all the nuances of its occurrence.

Another group of factors confirming excused absence during work shift, are force majeure circumstances:

1. Malfunction of the building elevator.
2. Flood, fire, robbery.
3. The sudden onset of an epidemic in the employee’s area of ​​residence and the need for quarantine.
4. Delays of regular transport during vacations, business trips and travel to work.
5. If there are no tickets for the next flight.

Such obstacles to getting a job must be supported by a written explanatory statement indicating the reason. If there is other evidence of the occurrence of a force majeure situation, then they should be attached to it.

There are times when the occurrence of a circumstance is known in advance:

• Severe illness of a relative that ends in death;
• A relative has a child;
• Birthday party;
• Going to a wedding.

Usually such reasons are known, so it will not be difficult to write an explanatory note. ahead of the attack the very reason for the absence. As a rule, such reasons for absence are also accompanied by several unpaid days off, which do not exceed 5 days, as prescribed in Labor Code Art. 128.

Additional days off that occurred with the permission of the manager do not equate to absenteeism.

Registration of an explanatory note

Not every employee knows how to correctly draw up an explanatory note and how to indicate in it the reason for absence from work. It is the correctly formulated reason that is the legal basis for your absence and will protect you from unlawful dismissal.

A written explanation for failure to appear is a document drawn up by the truant in his own hand in any form, but maintaining a business style.

Document writing scheme:

1. In the upper part, in the right corner, write the full or abbreviated name of the organization, the full name of the manager, to whom the employee addresses with explanations.
2. The title of the document is indicated in the center of the sheet. In many organizations, this is an explanatory note about absence from work.
3. Below is a description of the circumstances of absence from work, which is presented arbitrarily.
4. Below is the autograph of the truant and the date of compilation.
5. It is necessary to list the documents confirming the fact of absence, if any, and attach them to the note.

All attributes of the note must be written correctly, without distorting the facts. There must be a business style of writing. All facts and reasons are presented directly, without emotional cues.

There are moments that have a dual nature and can be regarded by the employee on the one hand, and by the employer on the other. For example, if an employee was absent from the workplace for more than 4 hours, but was present in another workshop of the enterprise, this is not absenteeism. If the time away from production was exactly 4 hours and not a minute more, this is not absenteeism. If, for some reason, an employee was unable to notify the boss of a valid reason, but there is documentary evidence of this, this is not absenteeism.

The occurrence of such moments should be fully reflected in the note. After drawing up the explanatory note, it must be endorsed in the incoming correspondence journal by the secretary and submitted to the manager for signing.

The deadline for drawing up the document has been established, which is two days from the moment of absenteeism.

Punishment for absenteeism without a good reason

If the employee actually has an unexcused reason for absence, then the employer has the right to hold him accountable, in some cases this ends in dismissal.

Absenteeism is a reason for terminating the labor relationship between an employee and his boss, which will ultimately lead to termination.

On the fact of illegal absence from work, a report is drawn up. It can be written by the head of the structural unit under whose subordination the truant is located.

Such an act must be drawn up at the time of absence and contain:

1. Date of compilation.
2. Full name and position of the person preparing the document.
3. Reason for compilation.
4. Full name of the employee who was absent from work.
5. Length of absence.
6. Signature of the director of the company.

If possible, a written explanation must be taken from the absentee employee indicating the reasons for his absence. If it becomes clear that the absence is illegal, the director writes an order disciplinary punishment and then fired.

An order is drawn up according to, which contains all the necessary points of a regular order, with the exception of a description of the essence of the order. It specifies the reason for dismissal. The dismissed employee must be familiar with the order for absenteeism and can appeal it to local authorities by work.

Another measure may be a reprimand for absenteeism. This is at the discretion of management. The mildest measure is an oral reprimand from the boss. However, sometimes it is in writing, after which a reprimand order is issued.

At some enterprises, a series of several reprimands ends in dismissal. The reprimand has its own validity period, and it is equal to 12 months, after which it is removed from the employee. This may come earlier, but it all depends on the will of the director. A person who has committed truancy is informed of the order within three days.

Is it legal to punish absenteeism for a good reason?

If a person does not show up at work for any reason and does not answer the phone, then this is not a reason to consider his absence as absenteeism, until all the circumstances are clarified. Punishment is imposed if the reasons are classified as disrespectful.

According to the Labor Code, the employee is not obliged to report to his superiors in advance about forced absenteeism, but after which he must give written explanation. If, after the next appearance at work, it turns out that the circumstances are of an important nature and are due to failure to appear, then the boss should not subject his subordinate to disciplinary measures. Otherwise, this may be appealed in court.