Walk counts. You are involved in investigative activities or are under investigation yourself. The employee actually took absenteeism

22.06.2018, 0:37

Among the various disciplinary measures, dismissal for absenteeism is considered one of the most severe. In order to understand whether this would be a legitimate decision, you must first find out the circumstances of what happened. In some situations, management may limit itself to issuing a comment or reprimand. Also, if the employee was absent for good reasons, no punishment will follow. In any case, there is a clear concept - absenteeism in the Labor Code of the Russian Federation. It includes several conditions under which absence from the workplace can already be called absenteeism.

What is considered truancy

Not every absence of an employee in his place can be called absenteeism. The following conditions must be met:

the employee did not come to work without good reason;
the absence lasted more than 4 hours or the entire work shift.

Such an event is considered absenteeism. However, if an employee was absent from work due to illness, caring for a child or another family member, participation in legal proceedings, then this will no longer be a reason for sentencing. However, a good reason must be supported by relevant documents. It could be:

sick leave;
reference;
agenda;
other papers, depending on the situation.

In addition, an employee has the right to suspend work if his salary is delayed for more than 15 days. However, in this case, he must notify the employer of his intention by drawing up an appropriate statement.

If there are no good reasons for absence, and there is no supporting documentation, then the employee may be fired for absenteeism. The choice of punishment is up to management. Indeed, in some situations, only a reprimand is possible.

Dismissal for absenteeism

Given the current norms, absenteeism under the Labor Code can be considered a reason for dismissal. The employer has the right to terminate the employment contract, however, the choice of punishment is at his discretion. Therefore, in different situations an employee can either be fired after a single absenteeism or be limited to making a remark or reprimand.

It is worth considering that in judicial practice there are cases of invalidating a dismissal if it did not correspond to the gravity of the misconduct. Also, when considering a case, the employee’s labor merits, his behavior and other nuances may be taken into account. That is why the management needs to carry out the dismissal lawfully and in accordance with all the rules, so that later this action is not recognized as illegal.

Procedure

When dismissing an employee, the following procedure must be followed:

First, an act is drawn up, fixing the very fact of absenteeism. At the same time, the employee who was absent from the workplace should also be familiarized with this document;
after that, you can demand a written explanation from the employee about the absence. 2 days are given for this, and if after that the employee refuses to give any explanations, an act is also drawn up that fixes this event;
a memorandum is drawn up addressed to the head of the organization, which describes the fact of absenteeism;
if the absence had no valid reasons, a dismissal order is issued in the usual manner.

Before dismissing an employee, it is necessary to understand the reasons for absenteeism, identifying the accompanying circumstances. This duty lies with the employer and is in his area of responsibility. If he does not, then the court may declare the dismissal illegal, provided that the employee decides to challenge this decision.

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

Definition of absenteeism

The first step that needs to be taken is to establish the fact that the subordinate just skipped a working day. To do this is very problematic. Under what circumstances is dismissal for absenteeism threatened? Step by step procedure will help figure this out.

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

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

good reasons

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

temporary disability of a subordinate;
being in the performance of civil or public obligations;
donating blood or passing medical examination for this procedure;
participation in strikes;
detention of an employee (for example, arrest);
emergencies resulting in absence from work and transport problems;
salary delay for a period exceeding 15 days;
conducting emergency services that require access to the employee's home.

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

Act of offense

How to fire an employee for absenteeism? Step-by-step instruction will help figure this out. The main important points have already been considered - this is the definition of absenteeism and good reasons for absence. An error in deciding whether to dismiss a subordinate may result in the liability of the employer.

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

Also, notes of colleagues, videos and other sources of information that record when personnel stay and leave the company can serve as evidence of the absence of a subordinate at work.

Checking the possibility of dismissal

What to do next to properly issue a dismissal for absenteeism? The step-by-step procedure indicates that after drawing up an act on skipping a working day (shift), as well as collecting evidence, the employer in without fail must check whether his actions are legal.

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

Disciplinary sanctions

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

On the this moment such penalties are possible within a month from the day when the employer learned about the payment later than six months from the moment of absenteeism does not apply.

Explanatory

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

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

Next, the employer evaluates whether the absence of a working day is really considered absenteeism. If so, you can proceed to the next step. Not? Then you have no right to fire a subordinate. If the staff in this case go to court, the law enforcement authorities will not be on your side.

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

Order

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

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

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

Familiarization

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

Of course, "according to the article" few people will agree to quit. If the employer seriously intends to refuse the frame, it is enough to make a special inscription on the order stating that the citizen refused to sign the order. It is advisable to prepare some evidence of familiarization of the subordinate with the document. For example, make a video. It may be required if the employee decides to go to court to complain of wrongful suspension from work. Threatened with dismissal for absenteeism? Step-by-step instructions indicate some features of this process.

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

Calculation

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

The employer must prepare and provide a note-calculation to the subordinate. With her, the frame is sent to the accounting department to get the required cash for previously worked time.

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

Employment book and card

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

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

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

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

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

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

income statement

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

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

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

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

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

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

The following circumstances can also be considered:

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

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

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

What is considered “good cause”?

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

In the Labor Code of the Russian Federation there are no clear indications of what reasons for the absence of an employee are absolutely valid. But, based on life circumstances, the list might look like this:

illness of the employee (confirmed by medical documents);

illness or death of a relative;

natural disasters;

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

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

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

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

The procedure for dismissal for unreasonable absence from work

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

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

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

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

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

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

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

One of the worst violations labor discipline is a walk. Labor legislation allows the employer to take measures against the employee for violation of labor discipline disciplinary responsibility. Moreover, Part 1 of Art. 81 of the Labor Code of the Russian Federation established that one of the grounds for dismissal at the initiative of the employer is the commission of absenteeism by the employee. What is meant by walking? How to prove the absence of an employee at work? What is the procedure to be followed in order to disciplinary punishment Was it legal and reasonable? How to formalize the adoption of the last measure of punishment - dismissal? You will get answers to these and some other questions after reading the article.

The concept of absenteeism

The concept of "truancy" is given in paragraphs. "b" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation. This is the absence of an employee at the workplace without good reason during the entire working day (shift), regardless of its (her) duration. Let's say right away that a workplace is a place where an employee should be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

Also absenteeism will be considered the absence of an employee at the workplace without good reason for more than four hours in a row during the working day (shift). Here the question may arise: does it turn on at this time lunch break? There are two points of view. Some experts believe that lunch is not included at this time, and their opinion is confirmed judicial practice. So, the Chelyabinsk City Court in the Appeal ruling dated 19.08.2013 N 11-7864 / 201 indicated that the lunch break is not included in work time and absence from the workplace during this period cannot be blamed on the employee and entail disciplinary liability. Thus, a lunch break is not counted as absenteeism. Other experts (like us) believe that lunch should be included during absenteeism, otherwise, with a work schedule, for example, from 8.00 to 17.00 with lunch from 12.00 to 13.00, it is almost impossible to fire for absenteeism. This view is also supported court decisions. For example, the Leningrad Regional Court, in Ruling No. 33a-1462/2012 dated 11.04.2012, noted that the Labor Code does not define a working day as working time during the day before lunch and after lunch, so a lunch break cannot interrupt the period established by paragraphs. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation.

In addition, the Plenum of the Armed Forces of the Russian Federation in paragraph 39 of the Decree of March 17, 2004 N 2 “On the application by courts Russian Federation Labor Code Russian Federation” (hereinafter referred to as Resolution No. 2) indicated that absenteeism can be considered:

- absence from work without good reason, that is, absence from work during the entire working day (shift), regardless of its (her) duration;

- the presence of an employee without good reason for more than four hours in a row during the working day outside the workplace;

- 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, and also before the expiration of the two-week notice period;

- abandonment without a valid reason of work 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 early termination of the employment contract;

- unauthorized use of days off, as well as unauthorized leave on vacation (basic, additional).

Note.The use of rest days by an employee is not absenteeism if the employer, in violation of the obligation stipulated by law, refused to provide them and the time the employee used such days did not depend on the discretion of the employer (for example, refusing to provide an employee who is a donor in accordance with Article 186 of the Labor Code RF day of rest immediately after each day of donating blood and its components).

The procedure for the dismissal of employees who like to "walk"

First of all, we note that the dismissal of an employee for absenteeism is the right of the employer, and not an obligation. This means that for the first time the employer can “forgive” the employee for this violation of labor discipline or confine himself to a reprimand, a remark. In any case, when taking measures of disciplinary responsibility against an employee, it is necessary to apply the procedure for bringing to it, established by Art. 192, 193 of the Labor Code of the Russian Federation, otherwise, even if there is absenteeism, the employee will be reinstated at work or the order to announce a reprimand or remark will be canceled. Thus, in the Appellate Ruling of the Vologda Regional Court of October 23, 2013 N 334853/2013, the claim for the cancellation of the dismissal order for absenteeism was satisfied, since when considering the reinstatement case, the court established the fact of absenteeism, but the employer violated the dismissal procedure (when imposing a penalty the severity of the misconduct and the circumstances under which it was committed were not taken into account, which is mandatory by virtue of Article 192 of the Labor Code of the Russian Federation).

Note.The days of an employee's absence from work should be marked in the timesheet with the letter code "НН" - absence for unknown reasons (until the circumstances are clarified).

So, let's move on to the dismissal procedure. If an employee is found to be absent, record given fact. Usually, an act is drawn up for this in the presence of at least two witnesses (for an example, see page 35). If an employee is absent from work long time(for example, a week or more), we recommend that such acts be drawn up daily, since upon return, the employee may provide sick leave or other documents for certain days and, perhaps, some days will still be outside the scope of documentary evidence.

Act N 4

about the absence of an employee at work

I am familiar with the act. M. P. Galkina

MP Galkina refused to familiarize herself with this act.

After the appearance of the employee, he should be asked to explain the reasons for the absence. It is better to do this in writing in order to avoid disputes, because the lack of evidence of requesting explanations from him about the reasons for absence from the workplace is gross violation dismissal procedures, which means that the employee will be reinstated at work (Determination of the Leningrad Regional Court of October 17, 2013 N 33-4778 / 2013).

Limited Liability Company "November"

Maria Petrovna!

Please submit to the Human Resources Department (office 102) an explanation for your absence on November 12, 2013 from 9.00 to 14.40 at the workplace (advertising department, office 125) in writing by November 15, 2013. If you have documents confirming the validity of the reason for the absence, please attach them to the explanatory note.

Article 193 of the Labor Code of the Russian Federation sets a deadline for an employee to give explanations - two working days. If after the expiration of this period an explanation is not provided by the employee, an appropriate act is drawn up. At the same time, failure to provide an explanation is not an obstacle to applying to the employee disciplinary action.

Having received an explanatory letter from the employee, the employer must assess the validity of the reasons for the absence, since absence is recognized as absenteeism only for disrespectful reasons. Note that the labor legislation does not contain a list of valid reasons, so the employer will have to decide on his own whether the reason indicated in the explanatory note is such. For example, Ch. was absent from work for two days in connection with the performance of trade union duties in the interests of a team of workers, since she is the chairman of the primary trade union organization of a branch of an OJSC. The employer considered this reason disrespectful and fired Ch. for absenteeism. However, the court reinstated the employee in her previous position, since in accordance with Part 6 of Art. 25 of the Federal Law of 12.01.1996 N 10-FZ “On Trade Unions, Their Morals and Guarantees of Activity”, members of trade union bodies who are not released from their main work are exempted from it to participate as delegates to congresses, conferences convened by trade unions, as well as to participation in the work of their elected bodies. Consequently, the reason for Ch.'s absence from work was valid (Appeal ruling of the Astrakhan Regional Court dated July 31, 2013 in case No. 33-2371/2013).

Moreover, the courts recognize as valid the absence of an employee from the workplace in connection with:

- with an appeal for emergency medical care to a children's clinic for his minor child (Appeal ruling of the Krasnodar Regional Court dated May 31, 2012 in case N 33-9272 / 12);

- with carrying out emergency repairs in the employee's apartment (for example, to replace a burst heating pipe) (Determination of the Altai Regional Court dated August 17, 2011 in case No. 33-7208 / 11);

- with participation in the court session as a plaintiff (Cassation ruling of the Khabarovsk Regional Court dated December 16, 2011 in case No. 33-9086, Ruling of the Moscow Regional Court dated May 11, 2010 in case No. 33-9048 / 2010);

- with unauthorized use of leave without saving wages in connection with the registration of marriage (Appeal ruling of the Kemerovo Regional Court dated August 17, 2012 N 33-7790).

Therefore, it is necessary to assess the validity of the reasons for absence from work objectively and impartially.

Next important point when taking a disciplinary measure against an employee, the deadlines for bringing to disciplinary responsibility are observed.

So, on the basis of Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill, he was on vacation, as well as the time necessary to take into account the opinion representative body workers. 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 commission of the misconduct, regardless of whether it is vested with the right to impose disciplinary sanctions (clause 34 of Resolution No. 2 ).

Note.Violation of the term for the application of a disciplinary sanction almost always entails the reinstatement of a person at work (Appeal ruling of the Orenburg Regional Court dated February 13, 2013 in case N 33-739 / 2013).

In any case, the penalty cannot be applied to the employee later than six months from the date of the misconduct, and according to the results of the audit, audit of financial and economic activities or audit - later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.

Let us pay attention to one feature of calculating the period for applying a penalty for a long absenteeism, for example, when an employee stopped going to work on September 10 and appeared only on November 6. In this case, the application of a disciplinary sanction to an employee for a long absenteeism after a month period from the date of the beginning of his absence from the workplace does not indicate a violation of the period provided for in Part 3 of Art. 193 of the Labor Code of the Russian Federation, since the disciplinary offense is of a continuing nature and specified period begins to be calculated from the moment of the end of absenteeism. This opinion the courts also adhere (Appeal ruling of the Moscow City Court dated September 12, 2013 in case No. 11-26543).

So, after studying the employee’s explanations, the employer may not punish him if he recognizes the reasons for his absence from work as valid, but may take disciplinary measures against the employee: reprimand, reprimand, dismissal. If a punishment in the form of a remark or a reprimand is chosen, the employer issues an order to apply a disciplinary sanction. There is no unified form of such an order, therefore it is issued in an arbitrary form.

Note!Note that according to part 6 of Art. 81 of the Labor Code of the Russian Federation, it is impossible to dismiss an employee for absenteeism during his annual leave or temporary disability. Moreover, it will not be possible to fire a lover of "walking" if she is pregnant - such violators of labor discipline can only be fired in the event of the liquidation of the organization or the termination of activities individual entrepreneur(Article 261 of the Labor Code of the Russian Federation). But women with children under the age of three, single mothers and other people with children can be fired for absenteeism.

If an extreme measure of punishment is chosen - dismissal, it is not required to issue an order to apply a disciplinary sanction in the form of dismissal in this case: you can immediately prepare an order in the unified form T-8 on dismissal (see an example of an order on page 42). Although the issuance of two orders (on the application of a penalty and on dismissal) will also not be a violation of labor laws. Rostrud drew attention to this in the Letter of 06/01/2011 N 1493-6-1.

When issuing an order, it may be difficult to determine the date of dismissal of an employee if absenteeism was long. To determine it correctly, you need to refer to Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, according to which the day of termination of the employment contract in all cases is the last day of work of the employee, except for cases when the employee did not actually work, but after him in accordance with this code or another federal law the place of work (position) was preserved. Therefore, if the employee did not go to work, the day of dismissal will be the last day of his work, that is, the day preceding the first day of absenteeism. Well, if he nevertheless appeared at work, then he is given two working days to explain, after which he can be fired (here there should be no difficulty in determining the date of dismissal).

The order to dismiss the employee should be familiarized against signature within three working days from the date of issuance of such an order, not counting the time of absence from work (part 6 of article 193 of the Labor Code of the Russian Federation). If the employee refuses to familiarize himself with the specified order against signature, an appropriate act is drawn up.

Note.If the order to terminate the employment contract cannot be brought to the attention of the employee or he refuses to familiarize himself with it against signature, a corresponding entry is made in the order (Article 84.1 of the Labor Code of the Russian Federation). The absence of such an entry in the order may serve as a reason for the reinstatement of the employee.

Based on the order, an entry is made in the work book. By virtue of the Instructions for filling out work books and the Rules for maintaining and storing work books, an entry on the reasons for terminating an employment contract is entered into the work book in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law.

The record of termination of the employment contract is certified by the signature of the employee responsible for maintaining work books, the seal of the employer and the signature of the dismissed person (clause 35 of the Rules for maintaining and storing work books).

On the last working day, the employer must:

1) give the employee a work book with a record of dismissal. Based on clause 41 of the Rules for the maintenance and storage of work books, the employee must confirm receipt of it with a signature in the book of accounting for the movement of work books and inserts to them and a personal card. In the event that it is impossible to issue a work book to an employee on the day of dismissal due to his absence or refusal to receive it, the employer is obliged to send a notice to the employee about the need to appear for a work book or agree to send it by mail. From the date of sending such a notice, the employer is released from liability for the delay in issuing work book;

Note!The employer is also not responsible for the delay in issuing a work book in case of a mismatch last day work with the day of registration of the termination labor relations upon dismissal of an employee on the grounds provided for in paragraphs. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation (part 6 of article 84.1 of the Labor Code of the Russian Federation).

2) pay the employee all the amounts due to him, including compensation for unused vacation(Article 140 of the Labor Code of the Russian Federation). If the employee was absent from work on the day of dismissal, the corresponding amounts must be paid to him no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of the said amounts, the employer is obliged to pay the amount not disputed by the employee;

3) issue him a certificate of the amount of wages, other payments and remuneration for two calendar years preceding the year of termination of work (service, other activities) or the year of applying for a certificate of the amount of wages, other payments and remuneration, and the current calendar year, on which were accrued insurance premiums, and quantity calendar days pertaining to specified period for periods of temporary incapacity for work, maternity leave, parental leave, the period of release of an employee from work with full or partial retention of wages in accordance with the legislation of the Russian Federation, if insurance contributions to the Social Insurance Fund were not accrued on the retained wages for this period. The form of such a certificate and the procedure for its issuance are approved by Order of the Ministry of Labor of the Russian Federation dated April 30, 2013 N 182n;

4) send to the military registration and enlistment office information on the dismissal of an employee subject to military registration. Information is communicated in the form provided for in Appendix 9 to methodological recommendations on maintaining military records in organizations developed General Staff Armed Forces of the Russian Federation (paragraph "a", paragraph 29 of these methodological recommendations).

N records	the date	Information about hiring, transferring to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
Number	Month	Year
1	2	3	4
…	…	…	…	…	…
3	18	11	2013	Employment contract terminated	Order
				At the initiative of the employer	From 11/18/2013
				In connection with a one-time	N 93
				Gross violation
				Job duties - absenteeism,
				Subparagraph "a" of paragraph 6
				Parts of the first article 81
				Labor Code
				Russian Federation
				Inspector OK Zvereva Galkina
				M.P.

According to labor law absenteeism is the absence of an employee at the workplace without good reason throughout the working day. The employer's right to apply the norms of disciplinary action arises when the employee is absent from his workplace for more than four hours in a row.

The Labor Code of the Russian Federation establishes several types of work absence without any serious grounds, for which the employee is expected to be brought to disciplinary liability in the form of dismissal.

Within the framework of the Labor Code, absenteeism without good reason is recognized:

The absence of an employee from the workplace throughout the working day without any notice or without good reason. There are no specific valid reasons for missing work, however, employers are given the right to determine valid reasons for absenteeism on their own in the local regulations of the enterprise, as well as in the collective employment contract. The assessment of the respectfulness of the absence of an employee at work is carried out by the employer or a special commission, which decides to hold the employee liable in the form of a reprimand or dismissal.
The absence of an employee of the enterprise at the workplace for more than four hours in a row, if such behavior of the employee is not justified by the execution of the instructions of the employer or the fulfillment of his job duties. For example, if an employee is absent from the office due to the delivery of correspondence, then dismissal for absenteeism in this case not allowed.
Unauthorized departure from the workplace or absence from work when an employee of the enterprise submits an application for dismissal. Even if the employee wrote a letter of resignation of his own free will, according to general rule he is obliged to work for at least two weeks after the submission of such a document to the management, except when otherwise established by local acts of the enterprise, or the employee is a pensioner.
Absenteeism of an employee of the enterprise who was employed under a fixed-term employment contract before the expiration of the employment contract. Also, absenteeism is considered a refusal to fulfill labor obligations when applying for dismissal under a fixed-term employment contract, if the deadline for filing an application is violated and does not comply with the norm of notifications established in the agreement.
Unauthorized use of vacation days or days off without notifying management and obtaining appropriate permission from the immediate superior.

Absenteeism is the refusal of an employee to go to work without good reason, except in cases where the provision of rest time at any time convenient for the employee is the direct responsibility of the employer.

good reasons

Despite the fact that any legislative established causes, which are recognized as respectful, is not provided, employers have the right to independently determine the "limits of respectfulness and seriousness" of the grounds for the absence of an employee from the workplace.

Walks can be divided into two large groups which include:

Valid reasons for absence from work. This list includes the most serious reasons that do not allow the dismissal of an employee for absenteeism.
Irrelevant reasons for absenteeism. Most often, these include simple absenteeism for no reason, if the employee simply did not want to go to work.

We must not forget that if the employee was absent from the workplace for less than four hours, then his absence is considered late. Only absence from work beyond the specified time can be considered absenteeism.

If there are valid reasons for absence from work, dismissal due to absenteeism of an employee is not allowed. If for some reason the employer did not heed the arguments of the employee and fired him anyway, then the citizen can go to court to restore all violated rights. Usually, as a result of a trial, in case of a really illegal dismissal, an employee is forcibly returned to the workplace, and they are also paid compensation for forced days of absenteeism in the amount of the average daily wage.

Personal

The most common reasons for absenteeism are personal reasons that did not allow an employee of the organization to go to work at the set time. Usually, in the event of such situations, everything is reported to the management of the enterprise, however, if it is not possible to call or write a message to the manager, the employee does not face any additional sanctions.

The most common personal reasons for the absence of employees in the workplace include:

Injury or illness. When contacting a polyclinic or calling an ambulance, an employee is issued a certificate or an admission sheet, which indicates the date of visiting a doctor or calling an ambulance medical care. In this case, this document is filed with the employee's case, and dismissal for absenteeism is not allowed.
Passage of a medical examination - clinical examination. For many organizations, especially in the field of catering, having a medical book and passing a medical examination is prerequisite implementation labor activity. If the passage of doctors is a necessary measure, then the absence of an employee at the workplace is not absenteeism.
Illness of a child or other family member who needs outside care during an illness. In this case, the employer is provided with a certificate from a doctor or sick leave for child care.
emergence technical failure in the gas, water and heat supply system, as well as physical breakdown door lock at the employee's apartment. If for some reason there was a breakdown or fire in a residential or other premises owned by an employee, then failure to appear at work is a good reason, since special services must be called. To confirm the reliability of this reason for absence from work, a receipt for payment for services to replace the door lock or call a plumber, as well as information about the fire, if any, can serve.
Employee participation in public affairs e.g. testifying to an employee law enforcement or evidence in court. In this case, if possible, the employer is informed in advance of the need to visit public services, as well as a summons or other document.
Prolonged non-payment of wages. If payments are delayed by more than 15 days, the employee has the right to refuse to work, but with a mandatory written notice to the employer. Refusal to work may last until the full or partial payment of wages, the dismissal of such an employee is not allowed.

In addition to personal reasons for absenteeism, there are other reasons that arise for reasons independent of the behavior and actions of the employee.

Due to circumstances beyond the employee's control

personal grounds are not the only reasons absenteeism by an employee of the enterprise, in addition to them, there are also so-called force majeure circumstances that do not depend on the employee in any way.

Force majeure situations include the following:

elevator malfunction in residential apartment building that arose when an employee of the enterprise was about to go to work;
participation in a traffic accident, as well as giving evidence if an employee of the organization witnessed an accident;
malfunction vehicle, as well as the physical inability to use other ways to get to work - the lack of buses or the ability to call a taxi;
occurrence emergency due to natural disasters- hurricane, flood, ice, fires, earthquakes, etc.;
the risk of an epidemic or high level infection, in case of a confirmed epidemic of the disease;
aircraft delays if the employee is in another city, which may lead to being late for work, and so on.

An explanation of the reason for absenteeism due to the occurrence of force majeure circumstances is possible only in the case of documentary or other confirmation of the existence of such reasons. If the employee can confirm that he really did not show up for work due to weather conditions, the dismissal of the employee is not allowed.

How to get absenteeism for a good reason

Arranging a walk good reason occurs in almost the same way as the registration of absenteeism for disrespectful reasons, with the exception of the last point - bringing the employee to disciplinary responsibility. Upon detection of the fact of absenteeism in relation to the employee, an act of absence from the workplace is drawn up. After compiling this document the employee is given a small amount of time to provide an explanatory note.

The explanatory note indicates the reason for absenteeism, and physical evidence of the validity of the reason for absence from work is attached to it. If the employer considers that the reason for absenteeism is justified, then no sanctions will be taken against the employee.

If the reason is not considered serious for the absence from work, then the employer has the right to apply any disciplinary measures against the employee. It is noted that dismissal is not a mandatory attribute of absenteeism. The head of the enterprise can choose which measure of influence to apply to the employee of the organization. The standard designation of absenteeism is affixed to the report card, regardless of the degree of its respectfulness - “PR”.

Compensation for absenteeism for a good reason

Payment for absenteeism for a good reason is not regulated, however, the employer has the opportunity to prescribe the possibility of paying for such a day in a collective labor agreement or other normative act enterprises.

Absenteeism for good or bad reasons is not paid, as is, for example, unpaid leave. However, the absence of an employee from work on the basis of serious circumstances prohibits the employer from bringing the employee to disciplinary liability.

Reasons not to walk

There are no disrespectful reasons for absence from work, however, conditionally such reasons can be considered all circumstances that do not physically interfere with the implementation of labor activity, but the employee independently decides not to attend work.

Examples of absenteeism for unexcused reasons are:

absence from work due to the alarm clock not ringing, as a result of which the employee overslept;
the state of alcoholic intoxication, as well as the consequences of alcoholic intoxication on the previous day, while the employee is prohibited from being at work in a state of alcoholic or drug intoxication;
unauthorized assignment of time off without notifying management, and so on.

Dishonest reasons for absence from work can be considered all reasons that are not valid.

Reprimand for absenteeism without good reason

The employer has the right to independently determine the measure of disciplinary action on the employee of the enterprise in case of absenteeism without sufficient grounds.

Art. 192 of the Labor Code of the Russian Federation establishes that in relation to an employee, the following types disciplinary action:

a remark that is assigned for a minor misconduct, such as being late;
more serious reprimand work schedule, for example, failure to meet the deadlines for submitting a report on the work done;
dismissal, which is applied in case of a serious violation of the work schedule, in particular for absenteeism or appearing at work in a state of alcohol or drug intoxication.

No other measures of influence are envisaged by the legislation. At the same time, employers very often apply the bonus deduction procedure, which involves the complete or partial deprivation of the employee of bonus payments.

Explanatory note for absenteeism without good reason

An explanatory note is drawn up on the basis of an act on the absence of an employee at the workplace for any time or the entire working day. The document indicates the actual reason for non-attendance at work, and also reflects information on documents confirming the reasons.

The employer is obliged to demand an explanatory note from the employee, but is not obliged to receive it without fail. If the employee refuses to draw up a document, then the employer has the right to apply measures of influence in full without long waiting times.