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Missing work without a good reason. What are valid reasons for being absent from work? How to apply for dismissal for absenteeism

E.Yu. answered the questions. Zabramnaya, lawyer, Ph.D. n.

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

It is well known that main value Any company is its employees. However, not all employees understand that their labor duties must be performed in good faith. And the worst offenders labor discipline, such 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 must 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 get fired for absenteeism b sub. "a", paragraph 6, part 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 it?

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

Before turning to specific questions, consider general order liability for absenteeism.

How to fix absenteeism and how you can punish for it

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

Although in the case of absenteeism, the employee may be subject to milder sanctions than dismissal, - a remark and a reprimand R Art. 192 Labor Code of the Russian Federation.

Regardless of which measure of punishment you choose, you must:

  • record the fact of absence of the employee at work;
  • find out the reason for this absence.

How to record an employee's absence from work

The absence of an employee from work is recorded:

How to draw up an act of absence from the workplace, see: 2010, No. 23, p. 74
  • <или>data electronic system installed at the checkpoint (checkpoint);
  • <или>a memorandum (official) note from the immediate supervisor of the truant;
  • <или>an act of absence from the workplace, 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 - colleagues of the truant.

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

After fixing the fact of the absence of an employee in 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 untimely return to work from vacation due to a flight delay.

Learn more about the employee recruitment process. disciplinary responsibility see: 2010, no. 23, p. 14, 74

If the absent employee returns 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 requested explanations. After receiving an explanation, you will understand whether the employee has been absent from work or had good reasons for being absent from work e Art. 193 of the Labor Code of the Russian Federation; Clause 2 of the motivational part of the Ruling of the Constitutional Court of the Russian Federation of October 17, 2006 No. 381-O.

We warn the head

Explanation of reasons for absence from work must be requested in writing and given to the employee 2 working days to provide them.

Please note: the employee is given 2 working days to provide explanations. This period is calculated from the next day after you requested an explanation from the employee. I Art. 193 Labor Code of the Russian Federation. For example, if you requested an explanation on April 26, then the above two-day period will begin to run from April 27. If the employee does not give an explanation within the specified period, draw up an act on their failure to provide and Art. 193 Labor Code of the Russian Federation.

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

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

1) send by mail a valuable letter with a list of attachments and a return receipt to the address of the employee with a request for a written explanation 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) daily draw up, in the presence of witnesses, acts on the absence of the employee at the workplace;

3) record in the timesheet in the form of No. T-12 or T-1 3 non-appearance of the employee for unexplained reasons (until the circumstances are clarified). To do this, put in the table:

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

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

Your next steps depend on how the situation develops.

SITUATION 1. The worker came to work after some time. Ask him for an explanation and, depending on whether he had a good reason for his absence or not, decide whether to hold him accountable.

SITUATION 2. You received explanations from the employee by mail, from which it follows that he has no valid reasons for his 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", paragraph 6, part 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 in such a situation dismiss the employee. 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 certain risks. After all, there is a possibility that the notice was not given 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 obliged to give you explanations. Therefore, it is prudent in such a situation to continue to make attempts to contact the employee until any explanation is received from him.

SITUATION 4. The employee does not come to work, does not send explanations, you do not have confirmation that he received your letter. Or the letter was returned, 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 absence of an employee at work on a daily basis and record absences in the time sheet, and until the reasons for the absence of an employee are clarified, they do not issue an order to dismiss him. The majority does this, 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 certainty that the employee is just skipping (that is, absent without good reason);
  • <или>they lose patience and are fired for absenteeism if the absence of the employee is excessively prolonged, repeated attempts by the employer to contact him are unsuccessful and another employee must be hired to replace him. Courts with such absentee dismissals often agree Determination of the Moscow City Court dated November 12, 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 the postal item was not handed over to the employee, but was returned to 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.

We warn the head

It is forbidden dismiss an employee immediately after he did not show up. You need to ask him for an explanation. Otherwise, he may then be reinstated at work in court, and then you will have to pay him average earnings for the entire period of 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 notifying the employer in a timely manner. Then you will have to cancel the order to dismiss the employee.

If you do not do this yourself, then when reinstating the former employee in court, the court will oblige you to pay him the average earnings for the period of forced absenteeism a 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 dated March 17, 2004 No. 2. You will not have to pay for the period of absence of an employee from work before you issue a dismissal order, since he did not work. The exception is the case when he has a sick leave.

If you have already hired a new employee to replace the dismissed employee, and the court of the dismissed employee has restored t Art. 394 of the Labor Code of the Russian Federation, then a new employee accepted for his position will have to:

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

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

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

How to record absenteeism in the time sheet

If you are convinced that the employee was truant, be sure to correct the timesheet data. Remember that the time sheet 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 dated September 15, 2010 No. 33-4513 / 2010.

You need to correct the letter code “НН” (or the digital code “30”) originally entered in the report card for 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 "PR" (or the digital code "24") on top. These corrections must be certified by the persons responsible in the company for maintaining time sheets and personnel records, as well as by the head of the structural unit in which the truant works, indicating the date the correction was made th paragraph 5 of Art. 9 of the Federal Law of November 21, 1996 No. 129-FZ "On Accounting";
  • <или>in addition to the main time sheet drawn up for all employees, where “HN” (or “30”) is indicated for the truant during periods of his absence, draw up a corrective time sheet exclusively for this employee. And already in this report card for the days of absenteeism put down the code "PR" (or "24"). Attach the corrective timesheet to the main timesheet.

How long does it take to issue an order to prosecute for absenteeism

For absenteeism, as for any other disciplinary offense, you can be punished b Art. 193 Labor Code of the Russian Federation:

  • within a month from the date of its discovery, not counting the time of illness of the employee and his stay on vacation;
  • within 6 months from the date of its execution.
For more information 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 deadlines for applying disciplinary sanctions for absenteeism will expire.

No worries. The period calculated from the date of discovery of absenteeism will begin to run not from the 1st day of the employee’s absence from work, but from the day when you became aware that the employee was just absenteeism t.

How to apply for dismissal for absenteeism

In case of dismissal for absenteeism, an order is issued to terminate the employment contract in a unified form No. T-8 approved 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 absenteeism committed by the employee, indicating the dates of absenteeism a Determination of the Moscow City Court dated November 25, 2010 No. 33-35148, and in the column "Reason (document, number, date)" list all the documents drawn up as part of the procedure for bringing the employee to disciplinary responsibility:

  • acts of absence from the workplace;
  • report (official) notes;
  • a written explanation of the employee or an act of refusal to give explanations.
Texts mentioned in the article judgments you can find: "Judicial practice" section of the ConsultantPlus system

With the order of dismissal, you need to familiarize the employee 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, an entry about this must be made on the order m Art. 84.1 of the Labor Code of the Russian Federation.

An entry in the work book upon dismissal for absenteeism is drawn up as follows.


If the employee is not at work on the day of termination of the employment contract, send a notice to his home address about 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 written instructions on what to do, keep work book at home.

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

Unauthorized leave on vacation - absenteeism

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 management, he stopped going to work. Do we have the right to issue his absence from work as absenteeism?

: Yes. As follows from your situation, the employee arbitrarily went on vacation, that is, absenteeism l Art. 192, sub. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation; ; Determination 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 where the employer was required by law to provide the employee with time off, for example, a day off on a certain day, but did not provide it. 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" p. 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2; Determinations of the Moscow City Court dated October 28, 2010 No. 33-30782, dated October 14, 2010 No. 33-30069, or refused to grant leave, although according to the schedule, the employee was supposed to go on vacation at that time.

Unformed parental leave - also absenteeism

HEDGEHOG. Goncharova, Balabanovo

After the end of maternity leave (in 2008), the employee did not go to work, did not inform the employer about the birth of the child. After giving birth, she did not take parental leave. In 2011, she sent a letter in which she asked to be given leave without saving wages from March 7, 2011 to April 15, 2011 inclusive. Probably, on March 7, 2011, the child turned 3 years old.
Can this employee be fired?

: Can. If the employee did not exercise her right and did not take parental leave a Art. 256 of the Labor Code of the Russian Federation, then she, most likely, skips. As follows from the question, then she also arbitrarily went on vacation without saving her salary, that is, she again made absenteeism.

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

It is impossible to dismiss an employee for refusing to interrupt the 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 when his participation was required. However, he refused to interrupt the vacation. Can he be fired for absenteeism?

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

An explanatory mother will not replace an explanatory worker

S.F. Zorkin, Stavropol

The employee did not go to work for several days, he did not provide explanations for the reasons for his absence. His mother came to the organization with a request to issue her son's work book at his oral request. The mother also said that her son was already working in another city and was not going 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 gave the work book to his mother.
Now we think: did we do the right thing?

We warn the head

If a the employee does not want to leave the vacation early, it's not a walk.

: You made the wrong decision. In such a situation, you should have requested explanations from the employee himself, and not from members of his seven and Art. 193 Labor Code of the Russian Federation.

Explanation of the mother in your situation is just an additional argument. But it cannot act as evidence of absenteeism by your employee.

It was wrong to give the mother of the worker and the work book, since she did not provide you with a power of attorney to receive it, written by her son. It was necessary to send a notification to the employee’s address about 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 an answer from him, the work book should be kept with you.

Written agreement on 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 returning to work, he fired me for absenteeism. This is not the first time in our company. Is it legal?

A: Of course, it is illegal if you have agreed 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 the supervisor's resolution. Then the court will reinstate you at work. And if you can’t prove it, the court may decide that you went on vacation without permission about Determination of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

If the manager constantly practices such dishonest actions towards his employees in order to crack down on objectionable 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 come to work on February 15 and 16, 2011. He did not disclose the reason for his absence. Absences were recorded by acts and memos.
When he went to work, he refused to give an explanation, saying that "today he does not want to, he will write tomorrow." He did not provide documents justifying his absence from work. An act of refusal to give a written explanation was drawn up. His employee also refused to sign, citing the fact that he does not refuse in principle, but only does not want to give written explanations today and will write them tomorrow. It was decided to dismiss the employee for absenteeism.
Have we done the right thing?

: Probably, the employee was playing for time in the hope that the monthly period for applying a disciplinary sanction from the day the misconduct was discovered would expire and they could no longer be held liable and Art. 193 Labor Code of the Russian Federation.

In general, you did the right thing, except that it was necessary to draw up an act on the employee’s failure to provide explanations, and not on the refusal to give them. Remember that the employee always has 2 full working days when he can change his mind and provide you with an explanation for his absence. I Art. 192 Labor Code of the Russian Federation. Therefore, it is better not to take risks, wait and draw up an act of failure to provide explanations.

With regard to a truant who wants to quit of his own free will, you need to act quickly

I.T. Gavrilova, Kazan

An employee did not show up for work and sent us a letter sent on the day of absenteeism (March 21, 2011), in which she asked for specified date until April 1, 2011, leave without pay, and at the end of it - dismiss her own will. The employee has not yet returned 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 arbitrarily went on vacation without pay, that is, she made absenteeism, which means that she can be fired for this b sub. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation; sub. "e" p. 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 statement expressed her intention to quit of her own free will. Of course, this does not deprive you of the right to fire her for prog. l paragraph 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 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 does not matter for what reason the employee is dismissed.

What day to fire for absenteeism

P.D. Tyuftyaeva, Togliatti

The employee works on a rotating schedule. 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 the employment contract is the last day of work, then it is necessary to dismiss the employee for absenteeism on March 25, 2011?

: Not. Dismissing an employee the day before 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. An exception is when he did not actually work, but his place of work was retained (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 must be preserved. Agree, it looks strange when the date of requesting an explanation and the date of their receipt from the employee are later than the date of termination of the employment contract. After all, after the 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 before asking him for explanations, etc. .Art. 193 Labor Code of the Russian Federation

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

It is correct to dismiss 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 a Letter of Rostrud dated 11.07.2006 No. 1074-6-1.

Dismissal for absenteeism - the right, not the obligation of the employer

V.D. Rusanova, St. Petersburg

The employee did not return from vacation and did not make itself felt in any way. Telegrams to the place of registration and the place of her actual residence remained unanswered. A month later, she nevertheless 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 we fire her for absenteeism?

: You have the right to fire an employee for a program l sub. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation. To do this, you must follow the procedure for bringing to disciplinary responsibility. and Art. 193 Labor Code of the Russian Federation. But you can meet her halfway - fire 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 dismiss an employee for absenteeism during illness

L.T. Skvortsova, Volgograd

We recently hired a new employee. Unfortunately, she turned out to be a lover of intoxicants (although she did not come to work drunk). On January 11, 2011, she stopped going to work. Doesn't answer calls. As expected, we activate all her absences from work, we put “NN” in the report card.
On February 14, we received a statement from her by mail that she was on sick leave. However, we doubt that she really has a sick leave, and even more so for the entire period. And management still intends to fire her for absenteeism.
And suddenly the sick leave will be confirmed? What to do in such a situation?

: In such a situation, an employee 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 absences from work. But proceed from the assumption that she is still sick. If later this is not confirmed, then you can fire her for absenteeism.


The main sign of truancy

I often come across a situation where an employee asks for a couple of days to “lie down” without issuing a sick leave. And our leader often meets halfway if the employee is conscientious and responsible. After all, this is beneficial not only for business, but also for the employee - he is paid a salary for these days, and not a penny allowance.
But it also happens differently. At first, the employee is absent for two days, and then he claims that he was ill, but decided not to go to the clinic, he was treated himself. In this case, the leader has a fair desire to dismiss him for absenteeism. And, perhaps, not so much for the absence itself, but for indifference to the affairs of the company.

As we know, one of the signs of absenteeism is the absence of an employee at the workplace. without good reason. Will feeling unwell be a valid reason to justify absence?
It must be said that judicial practice evaluates such situations uniformly:

  • if the employee can confirm with medical documents that he is feeling unwell, then the reason must be considered valid,
  • If there are no supporting documents, then good reason also no.

By the way, I already wrote about absenteeism

What documents can confirm the fact of the disease?

The absence of a sick leave certificate only means that the employee is not eligible for sick leave. But the absence of a sick leave is not proof of absenteeism, since other documents can also serve as evidence of the disease:

  • doctor's testimony,
  • extracts from the medical card,
  • certificates that all medical institutions are required to issue to citizens who have applied for medical care, if they asked for such a certificate.

(Examples recent years: Appellate ruling of the Altai Regional Court dated April 22, 2015 in case No. 33-3396 / 2015, Appeal ruling of the Sverdlovsk Regional Court dated September 10, 2015 in case No. 33-12660 / 2015).

Practical work

Example 1
The employee did not show up for work. She explained her absence by the fact that she had a toothache, and in the morning she immediately went to treat him. In support of her words, she brought an extract from the outpatient card, from which it is clear that she went to the clinic with acute pain, and she was provided health care. The dentist did not issue a certificate of incapacity for work. Was there a good reason?
Yes, this is confirmed by the statement.

Example 2
The employee felt unwell in the morning and did not go to work. The next day, he nevertheless asked for help, and the doctor issued a certificate of incapacity for work. How to evaluate the reason for the absence on the first day? Probably, you yourself have already guessed that the reason for the absence on the first day should be considered valid. The court almost always recognizes that the presence of a sick leave already, as it were, indicates that the employee was unwell the day before (although in reality this is not always true).

Example 3
The employee was absent from work all day. She explained her absence by the fact that her child fell ill, she called the doctor to the house, but the doctor did not issue a certificate of incapacity for work. Do you think the reason for the absence is justified?
Do not rush to say yes! This will depend on whether the employee will be able to confirm the fact of the child’s illness with documents. The presence of one unfounded explanation is not enough - documents are needed: a certificate from a doctor or an extract from the child's medical record.

An analysis of other reasons for the absence of an employee can be found in the book " Detailed guide on dismissal for absenteeism. A fragment of the book can be read.

Absenteeism is one of the grounds for terminating an employment contract at the initiative of the employer (). Recall that absenteeism is understood as the absence of an employee at the workplace without good reason for more than four hours in a row or during the entire working day (shift), regardless of its (her) duration. The employer has the right to regard as absenteeism, including the following circumstances (clause 39 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2 ""; hereinafter - Resolution of the Plenum of the RF Armed Forces No. 2):

  • abandonment of work without a valid reason by a person who has concluded an employment contract for certain period, without warning the employer about the termination of the contract, as well as before the expiration of the two-week warning period ();
  • leaving work without a valid reason by a person who has concluded an employment contract for a certain period, before the expiration of the contract or before the expiration of the notice period for its early termination (,);
  • unauthorized use of days off, as well as unauthorized leave on vacation.

Despite the apparent transparency of these provisions, employers, and sometimes the courts, are still at a standstill, deciding whether certain actions of an employee are absenteeism. And often the conclusions they come to are hasty.

Let's look at a few specific cases of dismissal of employees for absenteeism, as well as the reasons why employers should not have made such a decision.

How voluntary dismissal turned into absenteeism

On November 1, 2013, D. submitted to her employer, individual entrepreneur K., voluntary resignation letter. Focusing on the provisions, the employee believed that she was subject to dismissal after a 14-day period, that is, November 15, 2013. This day was the last working day for D., but no settlement was made with her and no work book was issued. Since November 18, she has already started working for another employer. However, the entrepreneur considered that the employee continued to work for him even after the expiration of the termination notice. Therefore, when on December 6, 2013, D. demanded to send her a work book and other work-related documents that were not issued on the last day of work, she received a response that the employment relationship with her was not terminated, and, therefore, the requested documents cannot be issued to her. And in February 2014, the employer nevertheless fired her, but for absenteeism, having issued the appropriate order.

Learn about the features of the procedure for dismissing an employee who is not at the workplace from the material
"Firing an absent worker for absenteeism" in Encyclopedia of Solutions Internet version of the GARANT system.
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D. considered these actions illegal and filed a lawsuit in which she asked to recognize the dismissal for absenteeism as illegal, to oblige K. to issue an order to dismiss D. of her own free will on November 15, 2013 and to recover from the former employer all payments due, as well as compensation moral damage.

The court of first instance dismissed the claims (decision of the Frunzensky District Court of the city of Saratov dated April 17, 2014 in case No. 2-1209/2014). At the same time, it was based on the time sheet submitted by the employer, according to which D. worked for K. until 19 November 2013 inclusive. The court emphasized: since after the warning period had expired, the employee continued to work for K. and did not insist on dismissal, this gave the employer the right to continue the employment contract (). And, consequently, D.'s further absence from work was rightly interpreted by K. as absenteeism.

The employee did not agree with this position and filed a complaint with a higher court, demanding that the decision be canceled. And the appeal sided with D. ().

The court pointed out that from the content of the time sheet for November 2013, it was impossible to reliably establish the fact that D. appeared or did not appear at work, since there are contradictions in this time sheet: after November 15, 2013, on the days from November 20 to November 23 and from November 25 to On November 29, 2013, along with an indication of the plaintiff's appearance at work, there is also information about absenteeism. In addition, the time sheet is not an indisputable confirmation of the work performed by the plaintiff after November 15, 2013, and the employer did not provide other evidence.

The Court of Appeal also recalled that the employee has the right to terminate the employment contract on his own initiative, notifying the employer in writing no later than two weeks, unless otherwise provided by law (). The specified period begins on the day after the employer receives the application from the employee. By agreement between the parties, the employment contract may be terminated earlier. Thus, the defendant, having received on November 1, 2013 from D. a letter of resignation of his own free will and without agreeing with the employee on a different period, had to issue an order to dismiss the plaintiff on November 15, 2013, that is, after the expiration of the two-week notice period for dismissal. In addition, since the employee did not show up for work and had already taken a job elsewhere, there was no reason to believe that she did not insist on dismissal. Therefore, the court indicated that D.'s absence from work after November 15, 2013 cannot be considered absenteeism.

In this regard, the court overturned the earlier decision and satisfied the plaintiff's claims to impose on K. the obligation to issue an order to dismiss D. at his own request on November 15, 2013, as well as to pay 10 thousand rubles. for non-pecuniary damages.

OUR REFERENCE

Conventionally, absenteeism can be divided into two groups: short-term (when an employee, for example, after missing one or several working days, appears at his workplace or does not appear, but he can be contacted by phone) and lasting (when you find an employee and ask him for an explanation does not seem possible).

In the first case, everything is simple. The main thing is to comply with the requirements and, before applying a disciplinary sanction, request an explanation from the employee in writing. In case of refusal, an appropriate act must be drawn up. At the same time, the employee’s refusal to give an explanation is not an obstacle to dismissal, but in this case it will not be superfluous to take written testimony from colleagues and the immediate supervisor about the absence of the employee at the workplace. And after that, you can draw up a dismissal order.

In the second case, it is not worth dismissing an employee without finding out the reasons for his absence from the workplace. The fact is that if the reasons for the absence are subsequently recognized as valid, the court will reinstate the employee in the workplace and oblige the employer to pay all the amounts due to him, including the average earnings during the forced absenteeism. To resolve this situation, you can send a letter to the employee by mail (with a notification and a description of the attachment) with a request to explain the reasons for the absence from the workplace. If the employee cannot be found, an act should be drawn up about this. At the same time, an entry should be made in the time sheet about the absence of the employee due to unclear circumstances. Importance have reports from the immediate supervisor of the absent employee confirming the fact of absence. If, nevertheless, the location of the employee is not established, it will be possible to dismiss him as missing (), if the appropriate decision is made by the court.

How the employer's lack of sick leave from a pregnant employee turned into a dismissal

On July 27, 2012, N. got registered with antenatal clinic in connection with pregnancy, about which three days later she informed the director of the enterprise by mail. Later it turned out that this letter did not reach the addressee and was returned to the sender. In addition, in the period from 2 to 10 August 2012, the employee was on sick leave, which she presented to the employer. Subsequently, N. repeatedly received certificates of incapacity for work, which she sent to the management by mail, but none of them reached the employer. Due to the fact that N. was absent from the workplace for a long time, the management of the enterprise sent her a notice about the need to come to work to provide explanations. Having received this notification, the employee did not appear at work and did not submit supporting documents for her absence from the workplace. The employer recorded in the act the fact that there was no written explanation from the employee and issued an order to dismiss N. for absenteeism. The employee became aware of this from a letter she received on April 12, 2013, signed by the director of the company.

N. considered that the employer violated the ban on dismissal of a pregnant woman at the initiative of the employer () and went to court demanding that she be reinstated at work.

The court of first instance refused to satisfy the stated requirements (decision of the Oktyabrsky District Court of Krasnodar dated October 8, 2013 in case No. 2-668/2013). The court confirmed that N. gave the employer a sick leave for the period from August 2 to August 10, 2012, but emphasized that she had not received any explanations about the reasons for the absence before and after these dates. In addition, the employer did not have information about the plaintiff's pregnancy. In this regard, according to the court, N. abused his right (), and since the defendant fully complied with the procedure for dismissing an employee for absenteeism, this gave him the right to apply this disciplinary sanction to N..

The Court of Appeal upheld the rendered judicial act ().

N. decided to defend her position in the cassation instance and filed a complaint with the Supreme Court of the Russian Federation, which agreed with the demands of the plaintiff ().

The Supreme Court recalled the position of the Constitutional Court of the Russian Federation, which at one time noted that the rule on the prohibition of the dismissal of pregnant women at the initiative of the employer is designed to ensure the stability of the position of such employees and their protection from sharp decline the level of material well-being, due to the fact that the search for new job difficult for them during pregnancy (). The Supreme Court of the Russian Federation also added that in the event of a gross violation by a pregnant woman of her duties, she can be brought to disciplinary responsibility with the application of other disciplinary sanctions, in addition to dismissal.

In addition, the law does not make the possibility of dismissing a pregnant woman dependent on whether the employer was informed of her pregnancy or not (paragraph 25 of the Decree of the Plenum of the RF Armed Forces dated January 28, 2014 No. 1 "").

This became the basis for the annulment of the acts issued by the courts of the first and appellate instances, and the case was sent for a new trial.

How a part-time job with another employer was mistaken for absenteeism due to delayed wages

D. worked at P.’s plant from January 13 to April 18, 2014. In connection with the delay in the payment of wages, he decided to look for other sources of income. On April 10, 2014, D. wrote to CEO plant an application for leave without pay, because he found a part-time job with another employer. However, he did not receive the consent of the head and the leave at his own expense was not issued in the prescribed manner. Despite this, the employee did not show up for work. D. also did not provide a statement on the suspension of work due to a delay in wages (). In this regard, the employer considered the employee’s absence from the workplace to be absenteeism and dismissed him in compliance with the procedure prescribed by law ().

Disagreeing with the management's decision, D. filed a lawsuit to reinstate him at work, recover wages for the time he was forced to take absenteeism, and compensate for non-pecuniary damage.

The court of first instance dismissed D.'s claim (decision of the Sovetsko-Gavansky City Court Khabarovsk Territory dated May 20, 2014 in case No. 2-604/2014). He motivated his position by the fact that D. was absent from the workplace without good reason, having arbitrarily left before the start of the work shift. workplace.

However, the prosecutor did not agree with this position - and prepared an appeal presentation in which he asked that the court's decision be canceled. But the court of appeal left the prosecutor's submission unsatisfied (the appeal ruling of the judicial board on civil affairs Khabarovsk Regional Court dated August 8, 2014 in case No. 33-4885/2014). But the cassation considered the prosecutor’s position justified, canceled the earlier judicial acts and sent the case for a new trial (decision of the Presidium of the Khabarovsk Regional Court of April 13, 2015 in case No. 44-g-26 / 2015). Re-examining this case, the Court of Appeal came to the following conclusions ().

When imposing a disciplinary sanction, the gravity of the offense committed and the circumstances under which it was committed () must be taken into account. The question of whether the violation committed was gross is decided by the court, taking into account the specific circumstances of each case (). And the obligation to prove that such a violation actually took place and was of a gross nature lies with the employer.

The employer did not dispute the fact of untimely payment of wages to employees. On the contrary, at the court session he explained that the enterprise was in a difficult financial position which resulted in a delay in the payment of salaries. As the court emphasized, the obligatory remuneration is enshrined in the current legislation. Moreover, the Labor Code of the Russian Federation, prohibiting forced labor, calls one of its signs a violation of the established deadlines for the payment of wages or its payment in an incomplete amount (). And since the employer did not fulfill his obligations for the timely and full payment of wages to the employee, the disciplinary sanction in the form of dismissal, even despite the absence of an application for suspension of work due to delayed wages, was applied to D. without taking into account the severity of the misconduct committed by him and the circumstances of his commission.

As a result, D.'s demands to be reinstated at work were satisfied. In his favor, the average earnings for the entire period of forced absenteeism, as well as compensation for non-pecuniary damage, were recovered.

How the wedding led to dismissal

From February 21, 2008, S. worked in company R. The collective agreement in force in the company provided for the provision of employees on the occasion of registration of a marriage with leave of up to five calendar days, one of which was provided with payment in the amount of the tariff rate (salary), and the rest - without pay. About his absence from work in connection with the registration of marriage, S. warned his immediate superior orally in advance. However, as soon as the employee went to work, he was required to provide a written explanation of the reasons for the absence, and then he was fired for absenteeism.

Believing that the dismissal was unlawful, S. filed a lawsuit to reinstate him at work and collect wages for the time of forced absenteeism, as well as compensation for non-pecuniary damage.

As the court found, the reason for S.'s dismissal was his absence from work without a good reason, since he did not submit a written notice of the need to take time off due to marriage registration. In this regard, the court of first instance sided with the employer and dismissed the claim (decision of the Zheleznodorozhny District Court of Khabarovsk dated April 1, 2015 in case No. 2-1303/2015).

S. appealed to the court of appeal, which took a diametrically opposite position ().

The court noted that, in accordance with the terms of the collective labor agreement, the plaintiff could not be denied leave on the occasion of marriage registration. The absence of a written notice from the employer about the absence from the workplace due to personal circumstances in itself is not a basis for bringing the employee to disciplinary liability, since violation of this procedure does not exclude the employee from having a good reason for absence. In addition, as a result of any misconduct committed by the plaintiff, any negative consequences did not occur for the employer. Considering that S. had not previously been brought to disciplinary responsibility, the court concluded: his dismissal was made without taking into account the circumstances that caused his absence from the workplace, and the severity of the offense committed.

As a result, the dismissal was declared illegal, S. was reinstated, and the employer was obliged to pay the employee the average wage for the time of forced absenteeism, as well as compensate for the moral damage caused.

Since the obligation of the employer to provide the employee with unpaid leave in connection with the registration of marriage is provided for by law (), the conclusions of the court apply to all cases of absenteeism due to own wedding– regardless of whether the relevant provisions have been enshrined in collective agreement.

Thus, even if there are signs of absenteeism, the court may recognize the dismissal as illegal. When making a decision, it will not be formal circumstances (for example, the absence of a sick leave or a written application for leave), but actual ones (expiration of the notice of dismissal of one’s own free will, pregnancy, wage arrears, marriage and other good reasons for the employee’s absence from work) that will become significant when making a decision. .

The employee was absent from the workplace without good reason during the whole working day. They were not provided with an explanation. What actions can the employer take in this situation? Can an employee be fired for?

The absence of an employee from the workplace without good reason throughout the working day, as well as the absence from the workplace without good reason for more than four hours in a row during the working day, is regarded as absenteeism. In the event of such a single gross violation by the employee of labor duties, he may be terminated at the initiative of the employer in accordance with paragraphs. "a" paragraph 6 of the first part of article 81 of the Labor Code of the Russian Federation.

As follows from this rule, one of the main signs of absenteeism is the absence of an employee at the workplace for a certain time without a good reason. At the same time, the burden of proving the fact that the employee committed absenteeism rests with the employer (paragraph 38 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2 "On the application by courts Russian Federation Labor Code Russian Federation"; hereinafter - Resolution of the Plenum).

At the same time, in the situation you cited, the absence of an employee from the workplace can be caused by both valid and disrespectful reasons.

An exhaustive list of valid reasons is not established by law. Valid reasons are, for example, periods of temporary disability, confirmed by a sick leave, as well as other periods during which an employee, for reasons beyond his control, cannot go to work.

Accordingly, in each case, it is necessary to assess the "validity" of one reason or another (see also the definition of the IC in civil cases of the Omsk Regional Court dated 10.20.2004 N 33-3509).

In addition, it may turn out that the absence of the employee was caused by reasons that are independent grounds for terminating the employment contract. It's about on the termination of the employment contract with the employee due to circumstances beyond the control of the parties, in particular, in connection with the death of the employee, as well as the recognition of the employee as dead or missing (clause 6 of part one of article 83 of the Labor Code of the Russian Federation), or the conviction of the employee to punishment , excluding the continuation of the previous work (clause 4 of the first part of article 83 of the Labor Code of the Russian Federation).

In other words, since there is always a possibility that an employee is absent for a good reason, it is not recommended to dismiss an employee for absenteeism until the circumstances of his absence from work are clarified. In such cases, the employer must definitely record the fact of the absence of the employee at the workplace. For this, an act is drawn up in any form, which is signed by several witnesses. You can draw up such an act both on the first day of the employee’s absence from work, and on any of the following days. If the employee did not go to work for a long time and the exact reasons for his absence are unknown, then it is recommended to draw up such acts periodically during the entire period of absence.

From the first day of absence in the timesheet, the employee should mark "НН" - "absence for unknown reasons" (Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 "On approval of unified forms of primary accounting documentation for recording labor and its payment", forms N T-12 and N T-13). Only after the reason for the absence has been established, can the “absence for unknown reasons” mark be changed to the appropriate one, for example, to the mark “absenteeism” (PR) or to the mark “Temporary disability” (B) * (1).

Since fixation in personnel documents absence of an employee at the workplace, there is every reason not to accrue wages to the absent employee.

If the employer has data confirming that there are no valid reasons for absence from work, then the employee can be fired for absenteeism.

In accordance with Art. 192 of the Labor Code of the Russian Federation, absenteeism is a gross violation of labor duties by an employee, that is disciplinary offense, and - a disciplinary sanction for its commission. This means that when dismissing for absenteeism, the employer must comply with the procedure for applying disciplinary sanctions established by Art. 193 of the Labor Code of the Russian Federation (the general procedure for dismissing an employee for absenteeism is given, for example, in a letter from Rostrud dated October 31, 2007 N 4415-6). If this procedure is violated, then in the event of a trial, the court will most likely recognize the dismissal as illegal, even if the fact that the employee has committed absenteeism is proved.

First of all, the employer must meet the deadlines for applying the disciplinary sanction established by Art. 193 of the Labor Code of the Russian Federation. So, you can be fired for absenteeism no later than 1 month from the date of its discovery, not counting the time of the employee’s illness, his stay on vacation, as well as the time required to take into account the opinion representative body employees, and no later than 6 months from the date of its commission. The day the misconduct is discovered, from which the monthly period begins, is considered the day when the person to whom the employee is subordinate at work (service) became aware of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions (clause 34 of the Resolution of the Plenum) .

If an employee commits a long absenteeism, the monthly period for detecting a misconduct should be calculated from last day absenteeism, and not from the first (see, for example, the ruling of the Ryazan Regional Court dated 04.25.2007 N 33-580, Generalization of the practice of consideration in the 1st half of 2008 by the courts of the Saratov region of cases of termination of an employment contract at the initiative of the employer and on other grounds not related to the will of the employee).

The second most important condition is the correct documentation.

Article 193 of the Labor Code of the Russian Federation requires that, even before applying a disciplinary sanction, the employer requires an explanation from the employee in writing. It is extremely difficult to demand written explanations from an employee who does not appear at the workplace, and to do this in such a way that later it would be possible to prove the fact of such a request for explanations. For this reason, many experts recommend waiting until the employee appears at work and does not submit supporting documents.

If the employer nevertheless decides to dismiss the employee for absenteeism in his absence, then in the event of a trial, he must collect evidence that he fulfilled all his duties in the process of applying a disciplinary sanction. Such evidence may be, for example, a mail notification of the delivery of a notice to the employee with his personal signature confirming receipt of the notice.

The situation when the mail notice is returned with a mark of non-delivery, in our opinion, cannot be considered a proper request for a written explanation. Therefore, in such circumstances, we do not recommend issuing a dismissal for absenteeism. The employer, during the period of a long absence of the employee, may periodically send him letters demanding explanations, waiting for the employee to personally sign the notice.

If two working days have passed since the employee received the letter, and the employee has not provided an explanation, then an appropriate act is drawn up. The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction, that is, to dismissal * (2).

Based on the act of absence from the workplace, as well as a written explanation or an act on the employee’s failure to provide an explanation, the employer issues an order (instruction) on dismissal.

The order is announced to the employee against signature within three working days from the date of its publication, not counting the time of his absence from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. An absent employee should be sent a telegram or ordered letter with a notice in which to invite the employee to familiarize himself with the order of dismissal and to receive the calculation and work book.

Please note that the date of the dismissal order must be the date of its actual issuance within the time limits for the application of a disciplinary sanction established by Art. 193 of the Labor Code of the Russian Federation. But the date of dismissal should be the last day of the employee’s work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained (part three of article 84.1 of the Labor Code of the Russian Federation).

According to Art. 84.1 of the Labor Code of the Russian Federation on the day of termination of the employment contract, the employer is obliged to issue a work book to the employee. In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book. In addition, the employer is not responsible for the delay in issuing a work book if the last day of work does not coincide with the day the termination was issued. labor relations upon dismissal of an employee for absenteeism.

At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

Upon dismissal, the employer is obliged to make a settlement with the employee. In Art. 140 of the Labor Code of the Russian Federation it is noted that the payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

Prepared answer:
Legal Consulting Service Expert GARANT
Panova Natalia

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

*(1) Due to entry into force on January 1, 2013 federal law dated 06.12.2011 N 402-FZ "On Accounting" federal Service on Labor and Employment (Rostrud) in letters dated January 23, 2013 N PG / 409-6-1, dated January 23, 2013 N PG / 10659-6-1 and dated February 14, 2013 N PG / 1487-6-1 explained that from January 1, 2013, the unified forms approved by the said resolution are not mandatory for non-governmental organizations. Such organizations have the right to use the forms of primary accounting documents developed by them independently.

*(2) In such a situation, an appeal against the dismissal by the employee is not excluded, because the reasons for the absence in this situation are unknown. However, in this case, the court may refuse to satisfy the employee’s claim for reinstatement if the fact of abuse of the right is established (for example, intentional failure to provide a document confirming the validity of the reasons for absence from work), since in this case the employer should not be liable for adverse consequences that occurred as a result of dishonest actions on the part of the employee (paragraph 27 of the resolution of the Plenum).

One of the grounds for dismissal of an employee at the request of the employer is absenteeism, but sometimes situations arise when employees do not show up on time or leave their jobs for good reasons. To avoid litigation, managers need to know a specific list of problems in which termination of an employment contract would be considered illegal. Read also article ⇒

What is a walk in the Labor Code of the Russian Federation?

A complete list of grounds on which employers can dismiss their subordinates on their own initiative is indicated in Art. 81 of the Labor Code of the Russian Federation. Among them there is absenteeism - absence from the workplace for more than 4 hours in a row without a good reason.

To terminate an employment relationship due to absenteeism of a subordinate, the following is required:

Action Description
Fixing absenteeism Draw up an act and ask two other employee witnesses to sign it. You can also use video recordings and memos as evidence.
reclamation explanatory note from the guilty employee Within two working days, he must provide a written explanation (Article 193 of the Labor Code of the Russian Federation). If this does not happen, an appropriate act is drawn up.
Drafting a dismissal order Must contain a description of the reason and a reference to Art. 81 of the Labor Code of the Russian Federation, indicating the legitimacy of the actions of the employer
Familiarization of the employee with the order He puts his signature on the document. If he refuses to sign, an appropriate act is drawn up.
Entering information into a personal card and work book The reason for dismissal is indicated on the basis of paragraphs. and paragraph 6 of Art. 81 of the Labor Code of the Russian Federation.
Full settlement On the last day of work, salary and compensation for the rest of the vacation are paid

List of good reasons for absenteeism

Sometimes circumstances arise when working citizens cannot predict their absence from work in advance, and this will not be considered absenteeism:

  • Illness or injury. You will need a medical certificate to confirm.
  • Delay vehicle next to the place of work according to the schedule.
  • Sudden hospitalization of a close relative.
  • Fires and other emergencies.
  • Natural disasters.
  • Malfunctions of utility networks (water leak, gas leak).
  • Getting into an accident on the way to work (a certificate from the traffic police is required).

Good reasons for absenteeism include delayed wages. According to Part 2 Art. 142 of the Labor Code of the Russian Federation, if the employer delays her for more than 15 days, employees may not go to work, having previously notified him of this in writing.

Absenteeism is also considered respectful in the event of family circumstances:

  • birth of a child
  • death of a relative.

AT this case an employee may ask for unpaid leave for up to 5 calendar days on the basis of Art. 128 of the Labor Code of the Russian Federation.

Below is an example of groundless dismissal for absenteeism:

Savelyeva I.V. works in LLC as a manager, her working day starts at 09 o'clock. 00 min. On the way to work, she gets into an accident, no one was hurt. It takes 3.5 hours to wait for traffic police officers. After drawing up the accident scheme, the culprit, together with Savelyeva AND.The. sent to the traffic police department, where all documents are processed.

Subsequently, Savelyeva AND.The. provides a certificate of the incident to the manager so that the absence from work is not recognized as absenteeism.

What reasons are considered disrespectful?

A specific list of disrespectful factors of the Labor Code of the Russian Federation is not provided, however, judicial practice there are several situations when dismissals for absenteeism were recognized as legitimate:

  • Failure to provide sick leave for the entire period of illness.
  • Leaving for any vacation, if the application is not signed by the head.
  • Caring for a relative who is in hospital, if this is not necessary.
  • The employee arbitrarily and without good reason left the workplace without coordinating this with the boss.
  • The circumstances of absenteeism are unknown to the management, but the employee himself refuses to give explanations.
  • If a person overslept, did not want to go to work, or simply forgot.

In the latter case, it can be problematic to prove absenteeism: as a rule, employees still come up with good reasons and indicate them in explanatory notes in order to avoid dismissal.

In Italy, since the beginning of 2017, they have been actively fighting against absenteeism of civil servants. According to the idea, the perpetrators are punished with house arrest or dismissal. “If we see that the leader does not punish the guilty, our employees intervene. If the offender is not fired by his boss, sanctions are imposed on him,” said Marianna Madia, Minister of Public Administration.

What are the disciplinary sanctions?

Conclusion

In some cases, dismissal for absenteeism is considered unlawful if the employee did not show up for work for a good reason. This must be taken into account by employers when deciding on the application of a disciplinary sanction in order to avoid mistakes and not illegally dismiss an employee who has already found himself in a difficult situation.