Dismissal for absenteeism. The nuances of dismissing an employee from work for one absence. Do they have the right to fire for absenteeism?

It is not difficult to fire an employee for absenteeism - it is enough to draw up an act, recognize the reason for absence from work as disrespectful and draw up an appropriate order. Problems may begin later. What if the former employee goes to court and proves that you made some kind of procedural error when terminating the employment contract? To avoid such troubles, you need not only to get a general idea of the procedure for dismissing an employee for absenteeism, but also to take into account many related nuances.

What is truancy?

Absenteeism is the absence of an employee from the workplace for the entire working day or more than four hours in a row without good reason. This definition is given by the legislator in the Labor Code.

Dismissal for absenteeism is provided for in Article 81 of the Labor Code. The problem is that the Code does not even contain an approximate list of reasons for a person’s absence from work that should be considered valid. Of course, this omission regularly leads to conflicts between employees and employers.

In theory, it is up to the employer to determine and prove that the reason for the absence was unexcused. However, this cannot be done only in accordance with personal convictions; one must also rely on judicial practice. If a dissatisfied employee goes to court and proves that he was fired without justification, you will have to reinstate the truant worker. By the way, violation of the procedural order (incorrect completion of acts, violation of deadlines, etc.) can also become a reason for canceling the dismissal order.

In what cases can you be fired for absenteeism?

Dismissal will be legal only if four conditions are met:

the employee did not appear at work the entire day (even if his working day is one or two hours) or more than four hours in a row;
the employee was absent from his workplace;
he did not show up for work for an unexcused reason;
the fact of his absence is proven and documented.

Immediately you need to consider:

if an employee was absent from his place for exactly 4 hours and not a minute more, this is not absenteeism;
if the workplace is not officially assigned to the employee (in the employment contract), but he was located somewhere on the territory of the company, he cannot be recognized as a truant;
if an employee, for objective reasons, was unable to notify his superiors about his absence, the reason for his absence cannot be considered as a priori disrespectful.

In what cases can you not be fired for absenteeism?

Based on the materials of judicial practice, the principles of labor legislation and common sense, we can identify the following valid reasons for absenteeism (which in these cases is no longer absenteeism):

temporary disability;
performance by the employee of public duties assigned to him by an authorized state or municipal body;
donation of blood and plasma by the employee (and subsequent medical examination, if necessary);
taking an employee under arrest, taking him into custody by police officers;
problems with transport (for example, due to weather conditions);
delay in salary payment for more than 15 days (but only if the employee notified you in writing that he is not going to come);
participation in the strike.

In all these cases, the employee must provide supporting documentation. The following documents are considered as evidence:

certificate of incapacity for work (“sick leave”);
a certificate from a medical institution (for example, in the case of blood donation);
subpoena or order of arrest or detention;
certificate from the transport organization;
etc.

Be sure to find out the true reason for the employee’s absence. It's no secret that almost any certificate can be purchased. If it turns out and is confirmed that the employee committed such an offense, the dismissal order can be issued with full right.

The procedure for dismissing an employee for absenteeism

The dismissal procedure can be divided into three stages:

documenting the fact of the employee’s absence from work;
finding out the reasons for non-appearance;
making a decision and issuing an order of dismissal.

A procedural error can be made at any of these stages, but every minor violation can cost the company dearly! Do not forget that an employee who is outraged by what he considers to be an unjustified dismissal has the right to go to court. If he also uses the services of a good lawyer, the matter will probably turn out not in your favor. Even if all the grounds for dismissal are present, a minor formal error (for example, when drawing up a report of failure to appear) often becomes a reason for canceling the order. Therefore, pay special attention to the rules and recommendations below.

Preparation of the act

A correctly drawn up act is the main evidence of an employee’s violation of labor laws. The act has the following structure:

name (act of absence from work, absenteeism, absence from work - different name options are acceptable);
date, place and time of compilation;
Full name of the official drawing up the act (such a person can be either the head of the company or the head of a structural unit);
Full name of the employee who did not show up for work;
the circumstances of the employee’s absence (this part should be filled out in as much detail as possible, indicating the exact time of absence and the actions taken by the employer - attempts to reach the truant or contact him in some other way);
date and duration of the employee’s absence (indicating the exact time, “minute to minute”);
the date of drawing up the act and the signature of the manager (for greater confidence, you can ask witnesses to sign - for example, colleagues of the truant).

It is advisable to draw up the act on the same day, without putting it off “until tomorrow.”

Finding out the reasons for the employee’s absence

Before signing an order to dismiss an employee for absenteeism under the article, you need to require an explanatory note from him. At this stage, it is important to document every action, so it is better to send the request for an explanatory note to the employee in writing (even if in the end he did come to work). Sign the request and ensure that the employee signs for its receipt. If you have to send the request by mail, do not throw away the postal receipt under any circumstances.

After requesting an explanation for failure to appear, you must wait two days. By the way, this rule applies even if the employee refuses to “give evidence” immediately - what if he changes his mind? If after two days the answer still does not come, you can move on to the final stage and draw up an order.

Let's assume that the employee nevertheless provided an explanatory note. There are three possible options:

The reason for absence indicated by the employee can be classified as valid, and the stated arguments are supported by documents. In this case, the person cannot be fired.
The truant is clearly making things up: the explanations are unconvincing and there is no evidence. Feel free to write an order.
The situation is ambiguous. There are no supporting documents or they are insufficient, but the arguments look convincing. Or vice versa - there is a certificate from the medical center. institutions, but probably “fake”. What should an employer do? It is impossible to give a definite answer to this question. Try to assess the situation as a whole, taking into account all possible motives of the employee, his previous behavior, attitude towards his duties and the work process in general. Don’t forget – the law gives you the right to draw a conclusion and make a decision.

Order of dismissal

An order to dismiss an employee for absenteeism without good reason is drawn up and issued according to the unified form No. T-8. The law establishes the following deadlines for issuing an order:

no earlier than two days from the moment the request for an explanatory note is sent to the truant;
no later than 30 days from the date of absence.

Structure of the order according to form No. T-8:

Name;
date, place of compilation;
grounds for publication (absenteeism act, details of reports and explanatory notes, etc.);
Full name and position of the employee;
a detailed description of the offense;
justification of why the reasons for absenteeism cannot be recognized as valid;
clarification of the employee’s right to appeal the dismissal decision;
date of compilation and signature of the employer.

The employee must read the order and confirm with his signature that he is aware of its contents. If he refuses to do this, another act will have to be drawn up. After this, you should make an entry about the dismissal in the work book of the negligent specialist and send him to the accounting department for this book. This completes the dismissal procedure.

The main mistakes made by employers

As stated earlier, any procedural violation may be grounds for appealing the dismissal order. What mistakes do employers make most often?

Often, an absenteeism report is simply not drawn up. This is terrible - if the case goes to court, the employee will most likely achieve reinstatement (and even compensation for wrongful dismissal). Always fill out a document.
Serious shortcomings in the execution of the act - first of all, incorrect indication of the time of drawing up the act and the period of absence of the employee. The wording “in the morning”, “at lunchtime”, “in the evening” is unacceptable. Always indicate the exact time - “the employee was absent from 8.00 to 14.18”, “the report was drawn up at 14.58”.
Inconsistency of factual circumstances with the data contained in the act. Sometimes it happens that an employee infuriates the employer with his impudence. In order to guarantee getting rid of the absentee, the employer artificially aggravates the situation - for example, he writes in the act and order that the employee showed up only the next day and insulted him in obscene terms. If at trial it turns out that everything was a little wrong, the boss will have to bear responsibility for such “attacks.”
Dismissal of an employee without requiring an explanatory note from him.
Violation of the deadlines for issuing an order, dismissal of an employee for absenteeism without a corresponding entry in the labor record.

Even if you have indisputable evidence that the dismissed employee is an undisciplined and irresponsible truant, the court will still be able to reinstate him at work. It is enough to commit at least one of the listed violations.

Labor, discipline, legality

Unfortunately, the dismissal process does not always go smoothly. Even following the rules and recommendations outlined in this article, you can only minimize the risks, but not eliminate them. The laziest employee, fired for absenteeism, sometimes shows desperate determination and goes to court. And the trial is long and unpleasant, even if the case is decided in your favor.

To prevent such an undesirable development of events, always carry out the dismissal procedure carefully, methodically and carefully. Record each stage on paper, draw up acts, send requests - and the employee will be convinced that it is pointless to “go to war” with you.

Can they be fired for one absence and how legal is it? After all, this is a significant violation of labor regulations, entailing the imposition of appropriate sanctions.

In accordance with clause 6, part 1, article 81 of the Labor Code of the Russian Federation, absenteeism refers to cases where a worker is not at his place of work for more than 4 hours during the working day without grounds for this. Taking this into account, the signs of such an offense include the following:

The employee does not appear at his workplace.
Missing work without good reason. They are of three types and are divided into force majeure, due to personal circumstances or in connection with events known in advance. The list of valid grounds is not established by law, but by default they include:

Participation in the trial as an applicant (Article 46 of the Constitution of the Russian Federation);
Failure to appear at the place of performance of official duties due to non-payment of wages for more than 15 days (Article 142 of the Labor Code of the Russian Federation);
Disability due to health impairment.

Other grounds may also be accepted in court.

Failure to show up at work during a shift or for more than 4 hours. If the period is less than the established period, then such a violation can be qualified as being late, which is also a misdemeanor, but is not a reason for dismissal from office. In this case, it is necessary to take into account a half-hour break every day for rest and meals, although internal regulations may increase this. Such time is not subject to payment and is not working time. Therefore, the calculation of absenteeism time must be calculated without such a period. In addition, it is impossible to take into account 2 absences on 1 day due to a person’s absence before and after lunch.

Can you get fired for one day of absenteeism?

How many absences can one get fired for? Analyzing the practice of courts examining proceedings between an employer and an employee, the Plenum of the RF Supreme Court issued a resolution “On the application by courts of the Labor Code of the Russian Federation.” Clause 39 establishes situations when they can be fired for absenteeism:

The employee was absent from work during the working period for more than 4 hours;
Not showing up at work during the working day and even less than four hours, if this is his shift;
Leaving the place of performance of labor duties before the term of the employment relationship has expired, or without notifying the employer or before the expiration of the time for notification of its early termination (Articles 79, 80, 280, 292 of the Labor Code of the Russian Federation);
Self-care on time off or on vacation. Failure to appear at the place of performance of work duties on a day of legal rest, when the manager should present him, but refused to do so, does not apply to absenteeism. For example, after taking blood at a donor center, citizens are entitled to a one-day rest.

Important! Taking into account the position of the courts, when asked whether they can be fired for one day of absenteeism, this is possible, which is directly established by labor legislation. A literal interpretation of the provisions of the law shows that one offense is quite sufficient, provided that it is serious.

Categories of persons not subject to dismissal due to absence from work

Before applying punishment, the manager needs to make sure that the offender can be fired. Since the current regulatory framework establishes a category of persons with whom it is impossible to sever working legal relations. This:

Pregnant women. Article 261 of the Labor Code of the Russian Federation establishes a guarantee for such actions. A woman in a position who is fired for absenteeism, but does not know about it, will have to be reinstated.
Employed citizens under eighteen years of age. To dismiss this category of persons, a conclusion from the labor inspectorate and permission from specialists in juvenile affairs will be required (Article 269 of the Labor Code of the Russian Federation).
Workers who are absent for health reasons or on regular leave.
Absence from work due to force majeure. Unforeseen stormy weather conditions, vehicle breakdowns, cancellation of planned public transport routes and more.
A person who takes measures to save the life and health of people, personal and other people’s property.
An employee who did not approve the transfer to a new workplace and did not show up for it.

All situations must be supported by documentation. In the absence of evidence, this may include witness statements or other information.

What is not considered truancy

The employer makes an assessment of how justified the absenteeism was, but such a decision can be appealed in court, if there is evidence that the absence was not the fault of the dismissed person. If the dispute is resolved in favor of the dismissed person, he must be reinstated to his position and paid for missed work.

The following are not grounds for dismissal:

Vacation period. Everyone has the right to take the whole day off. You can call from it by agreement with the worker. If the head of the organization insists on his presence, but the worker does not agree, then his actions cannot be regarded as absenteeism;
Working overtime. It can also be called only by agreement with the person performing the duties, who has the right to disagree with it;
Medical Bulletin. An employee has the right to refuse to perform actions that are contraindicated for him due to health reasons. To do this, you need to confirm your disease.

Conditions of dismissal

To comply with the legality of the procedure, you must follow the following instructions:

The fact of absence must be verified by documentation. As evidence of a fait accompli, there is a report letter addressed to the head of the company, presented by the head of the structural unit where the absentee works, as well as an act of absenteeism indicating the period of temporary absence from the workplace, certified by at least two witnesses to the incident. In the second case, the absence of signatures of those present may serve as grounds for declaring the document illegal. The note serves not only as an informational document, but also includes a request for a specific type of punishment, as well as the period of absence and lack of respect for the reasons.
It is necessary to obtain an explanation from the offender. He can be dismissed only if he refuses to provide an explanation or the reason for absence stated in the explanations is not valid. If the employee is not at fault in what happened, then he must provide evidence of it. The legislation provides two days for this. After the expiration of the period, the employer has the right to dismiss him by preparing a certificate of refusal stating the reasons.
Meeting the deadline. Labor law allows an employer to punish an employee for absenteeism no later than 1 month. At the end of the term, the employment relationship is not subject to termination for such a reason. It should be noted that not all managers get rid of the violator for one offense. If his candidacy is of value to the company, then management may impose a penalty in the form of a warning or reprimand.
Proper documentation. It is mandatory to prepare a dismissal order and familiarize the dismissed person with the signature. If there is a refusal, a statement about this is drawn up.

Failure to comply with at least one of the stages may result in the impossibility of dismissing the employee for absenteeism or his reinstatement through the courts.

Can you get fired for one absence? , is determined primarily in the Labor Code of the Russian Federation. In the material below, we will consider the conditions under which an employer can legally dismiss an absent employee.

When should you talk about absenteeism and can you get fired for it?

Before talking about dismissal for absenteeism, it is worth deciding what it is. According to sub. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, absenteeism should be understood as cases of an employee’s 4-hour absence from the place of work during a shift or working day without good reason, or during the entire shift or working day, if their duration is less than 4 hours. Taking into account this definition, we can identify the main qualifying signs of this offense (in the absence of any of them, an employee cannot be fired for absenteeism):

Absence of an employee from the workplace.
No valid reasons for missing work. The law does not contain a list of circumstances that can be considered valid reasons for absenteeism, but these clearly include:
- participation in court hearings as a plaintiff, according to Art. 46 of the Constitution of the Russian Federation,
- absenteeism from work due to a delay in wages of more than 15 days, in accordance with Part 2 of Art. 142 Labor Code of the Russian Federation;
- confirmed temporary disability.
However, when challenging dismissal, the court may recognize other reasons as valid.
Don't know your rights?
Absence from work for at least 4 hours or the entire shift if it is shorter than this time. Missing work for less than the specified period or exactly a 4-hour absence can only be considered lateness, which, although it is a disciplinary offense, is not a reason for dismissal. It is important to take into account the provisions of Art. 108 of the Labor Code of the Russian Federation, which guarantees the employee a half-hour daily break for rest and food. Internal labor regulations may provide for a longer duration. The break is not paid, is not considered working time, and does not interrupt the course of absenteeism. This means that you need to calculate the time of absence without taking into account the break time. In addition, it is impossible to take into account 2 absences in 1 day due to absence before and after the lunch break.

As you can see, dismissal for absenteeism is directly stated in Art. 81 of the Labor Code of the Russian Federation, which means the answer to the question of Is it possible to fire someone for absenteeism?, is definitely positive.

Is it necessary to fire someone for absenteeism?

Provisions sub. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation gives employers the right to fire employees for absenteeism, but does not oblige them to do so. At the same time, the employer, when deciding on the disciplinary measure, must take into account the severity of the offense, since the employee previously performed his duties. Thus, by decision of the Supreme Court of the Russian Federation dated March 30, 2012 No. 69-B12-1, the plaintiff was reinstated at work, since the punishment was considered too severe.

Is a day of absenteeism a sufficient reason for dismissal, for how many absences can one be fired?

Sometimes questions arise about whether How many absences can someone be fired for?, is 1 day of missing work enough for dismissal, etc. In sub. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, the word “absenteeism” is mentioned in the singular - thus, a literal interpretation of the law allows us to assert that one absenteeism is quite enough for dismissal (of course, taking into account the severity of the offense). The same applies to 1 day of absenteeism: the law clearly indicates the possibility of dismissal after 4 hours of absence of an employee from the workplace without a good reason.

Algorithm for dismissal for absenteeism

Often an employee fired for absenteeism tries to be reinstated in his previous position. Such a claim in court may be satisfied if the employer violated the procedure for registering dismissal.

The procedure for legal termination of an employment contract due to absenteeism on the part of the employer includes several stages:

Recording the fact that an employee is absent from the workplace. If the enterprise has an electronic control system, then fixation is made with its help; if not, a memo from the manager or an act from an HR department employee, which was witnessed by 2 colleagues, is sufficient. If an employee does not show up for several days, it is mandatory to record this in the time sheet.
Finding out the reasons for the employee’s absence. If the employee showed up for work on the same day or the next, then it is enough to take a written explanation from him. If we are talking about dismissal for long absence, then the matter is somewhat more complicated. If an employee fails to appear for a long time, it is worth sending him a letter of receipt at his residence address, containing a request for an explanation, and taking into account the response, make a decision. If an employee sends explanations without indicating valid reasons or does not send them at all, he can be fired.
Issuing a dismissal order, making an entry in the work book and paying the employee.

In conclusion, it remains to add that even if all legal requirements are observed, there is always the possibility of reinstatement of an employee fired for absenteeism. For example, this is possible if it later turns out that the employee objectively did not have the opportunity to either report the reasons for absence from the workplace or receive a notice of the need to appear to give explanations.

One of the most serious offenses in labor relations is absenteeism without a good reason. Such disregard for labor discipline can lead to not just a reprimand or a severe reprimand, but even dismissal.

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What consequences will absenteeism have for the employee? What happens after just one day of absence from work? What orders are used to formalize disciplinary sanctions? How to challenge dismissal in case of absenteeism? We'll talk about this and more further.

General information

The law provides a clear definition of truancy. Even if the work shift lasts less than 4 hours, and the worker was not on site during that time, this is absenteeism.

When a person is more than 4 hours late for work, this is absenteeism. Even if an employee is not assigned a specific place, he still does not show up to the enterprise and does not fulfill his duties without good reason - this is absenteeism.

Absenteeism from work even for one day without early notice and without a good reason is considered a gross violation of labor discipline and leads to unpleasant consequences.

Regulatory framework

General information regarding absenteeism at work and all types of punishments for it are contained in the Labor Code of the Russian Federation.

As for the internal labor regulations of a particular enterprise, the length of the working day or shift, such information will be contained in local acts, such as and, or other agreements.

Consequences

In Art. 192 of the Labor Code provides a list of all types of consequences awaiting a truant:

comment;
rebuke;

Separate federal laws also establish the consequences of violation of discipline in the form of absenteeism for government officials and military personnel.

Here are some of them:

warning;
severe reprimand;
deprivation of bonuses;
outfit out of order;
reduction in rank or rank;
deprivation of insignia;
early termination of the contract.

Based on this, we can conclude that the maximum penalty is considered to be, any other types of punishment are considered unlawful.

Types of responsibility

Administrative measures

The employer will decide what punishment to apply to the truant employee.

Usually, management can take a person’s position if absenteeism was committed for the first time, and the employee had not previously been observed to have any other violations of labor discipline.

Dismissal is always considered a last resort; it is not necessary to resort to it immediately.

Comment

At the discretion of the employer, a reprimand may be made to the offending employee who misses half a working day or the entire day for the first time.

This measure is the mildest, because it does not even need to be recorded in writing. Typically the remark is a conversation in the manager's office.

However, this procedure must be formalized accordingly:

order to issue a comment;
familiarization of the employee with the order.

Often, careless employees are not able to appreciate the employer’s actions when he uses a reprimand instead of a strict punishment. They mistake his good nature for weakness and begin to be late and systematically absent.

Then it is advisable to apply more serious punishments to such persons.

Rebuke

Despite the fact that the difference between a reprimand and a reprimand is not that big, it still motivates employees more. This measure is especially unpleasant for those workers whose enterprises keep records of such reprimands, when several cases can lead to actual dismissal.

Of course, a reprimand is not the worst thing that threatens a truant worker, especially since they will not make a note about it in the work book. But the personnel officer will most likely write about him in his personal card, which will slightly spoil the employee’s reputation.

As for the documentation of the reprimand procedure, it is similar to the preparation of a remark; there is no fundamental difference:

report;
explanatory;
reprimand order;
familiarization.

It is not surprising that the manager has to dismiss especially persistent absentees from work, for whom neither remarks nor reprimands are no longer effective, because according to the law it is impossible to punish violators with a ruble, although many consider this measure to be the most effective.

As a rule, they manage to use it, only unofficially.

Fines and depreciation

If an enterprise applies fines to employees as a penalty for absenteeism, the actions of officials of this company are illegal.

The Labor Code of the Russian Federation does not provide for such a measure. This is important to know for anyone who finds themselves in a similar situation.

The situation is completely different with the deprivation of workers' bonuses for absenteeism.

Most organizations use the bonus system not only as a method of motivating employees, but also as a measure of financial punishment for various offenses, including absenteeism.

Because practice shows that remarks and reprimands do not greatly awaken the conscience of truants.

Depriving an employee of a bonus is completely legal, since the main condition for awarding bonuses to employees is the absence of disciplinary sanctions against them.

In this case, the employer can not only deprive the truant, but also additionally reprimand or reprimand him.

Dismissal

When there is nothing else left, absenteeism can be a reason for dismissal.

In this case, the employer's actions will be as follows:

Having recorded the fact of absenteeism, making sure that the employee has no valid reasons for absence from work, the boss prepares an order for dismissal under the article.
The employee must be familiarized within three days. If he refuses to sign, an act is drawn up.
The personnel officer makes a note on the employment record, indicating the reason for dismissal in accordance with Art. 81 Labor Code of the Russian Federation.
The employee receives his payments along with.

After such an unpleasant incident, it will be difficult for a person to find a good job, since the entry in the work book will not go away.

Criminal

Even in modern society, many people ask: can they be prosecuted for absenteeism? Fortunately, the days of such harsh punishments are long gone.

But in the era of Stalinism from 1940 to 1956, a person could be convicted for a single truancy, as well as:

imprisoned for a term of 2 to 4 months;
send to correctional labor;
deprive one-fourth of your salary.

It is good that in our time the law is not so strict regarding the misconduct of workers.

What will happen in one day?

Due to the absence of criminal liability for absenteeism in our legislation, many people believe that simply not showing up for work for one day is not that bad.

However, it should be remembered that missing even one day without a good reason is considered a serious violation of discipline, and you can be fired for this.

In this case, the employer’s actions cannot be challenged; he will act according to the law.

General conditions of use

To classify a person’s absence from work as absenteeism, the following conditions must be present:

the employee was absent the entire day or entire shift (even if it lasts less than 4 hours);
continuous absence for more than 4 hours, excluding lunch time;
the employee could not justify his absence.

Failure to show up to work is not considered absenteeism if at that time the person had to work in another workshop or perform assigned duties in order.

Also, absence of an employee for exactly 4 hours cannot be called absenteeism.

Punishment for absenteeism at work according to the Labor Code of the Russian Federation

Documentation

Missed work days must be documented in accordance with the rules of office work at the enterprise using:

act;
memo;
memorandum.

Before drawing up an order for disciplinary action, an explanation must be taken from the truant himself. Otherwise, it will be impossible to justify that he really did not have a valid reason for missing.

The worker must write an explanatory note within two days after absenteeism. The employee’s refusal to describe the reason for his absence is also recorded using a special act.

In case of unclear circumstances of a person’s absence from work, that is, when the absence is already long, and the employee cannot be contacted in any way, its reasons cannot be considered obviously insignificant.

Until all the circumstances are clarified, such missing employees are usually not fired immediately.

The time sheet even provides a special mark for such cases: “NN”.

Sample orders

About the reprimand:

About Note:

When the consequence of absenteeism is dismissal, it is not necessary to issue two orders at once: the imposition of a disciplinary sanction and the dismissal itself.

You can limit yourself only to a dismissal order, which is drawn up in accordance with the unified form No. T-8:

The form of the order presupposes the existence of a basis, so a note should be made on the previously drawn up memo about the employee’s absenteeism and the explanations given by him.

Collection of the amount

Apart from the previously discussed types of penalties for employee failure to appear, there are no other penalties. That is, it is not legal to fine those who are guilty or to deduct a certain part of the amount from their official salary. The only way to punish truants with a ruble is to deprive them of bonuses.

If an employer actively applies a system of fines at his enterprise, for example, fines for lateness, fines for absenteeism, then such actions themselves can lead to legal proceedings and monetary penalties.

The maximum amount of fines is provided:

for officials – 5 thousand rubles;
for business managers – 50 thousand.

Therefore, employers often withhold the unofficial part of employees’ wages, the part they receive in an envelope, which also does not comply with the law.

Deadlines for preparation and validity of documents

Each document used to document absenteeism has its own period of preparation and validity:

Explanatory. The truant must write it within 2 days after the day of absence.
Remark and reprimand. If truancy was not discovered immediately, these types of disciplinary sanctions can be applied within a month from the date of its discovery. After absenteeism has been recorded and more than six months have passed, reprimands and reprimands for it can no longer be made, since time has been lost. These penalties typically last for 1 year, but may be terminated sooner at the discretion of management.
Order of dismissal. The employer must familiarize the employee with it no later than three days from the date of signing it. The last working day is the date preceding the absence.

Today there are several ways to dismiss an officially employed employee. One of the most unpleasant is dismissal under article. Most often this happens due to ordinary absenteeism.

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Legal basis

Based on this provision, the employer can terminate the employment contract with its employee unilaterally.

Today, the version of the Federal Law dated June 30, 2006 is used. But not for every absenteeism an officially employed employee can be fired.

This requires the coincidence of a large number of different factors:

the employee was absent from his place the whole day - even if the working time is only a few hours (if the working day is full - then at least 4 hours in a row);
the employee is absent directly from his workplace, but if such a place is not assigned to the employee and he was somewhere on the territory of the enterprise, absenteeism is not counted;
the employee is absent for an unexcused reason;
the fact of absence has been proven.

A valid reason means any situation that prevents an employee from arriving at his workplace on time. For example:

interruptions in public transport;
summons to trial;
disease;
accident.

All that is important is the availability of appropriate documentary evidence of the presence of force majeure.

This could be sick leave or something else. Moreover, if an employee was unable to notify management about his absence in advance or on time, this is not a reason for imposing a disciplinary sanction.

To formulate an appropriate order of dismissal for absenteeism, there must be a documentary justification.

All claims that are grounds for dismissal must be justified, proven and recorded. In this case, the procedure for bringing the employee to disciplinary liability must be followed.

The execution of the order of dismissal for absenteeism has the following features:

There is no need to issue two documents (on disciplinary action and on dismissal) - the order itself is sufficient;
To generate the document in question, a unified form is used.

In this case, various memos, as well as other documents confirming the presence of absenteeism, are indicated as the basis. If an employment contract with an employee is terminated in this way, then a corresponding entry must be made in the work book.

If any controversial issues arise between an employee and an employer, it is necessary to rely on the following documents:

Labor Code of the Russian Federation dated December 30, 2001 (as amended by Law No. 197-FZ);
Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004.

Consequences

Dismissal for absenteeism entails quite serious consequences. That is why you should avoid this, since later it will be quite difficult to get a job - a corresponding entry is made in the work book: pp. “a” part 1 of article No. 81 of the Labor Code of the Russian Federation.

Usually the wording itself is as follows: “The employment contract is terminated due to a gross violation of the employee’s labor duties.”

Almost always, the employer carefully studies the work record of his potential employee.

And the presence of such a record immediately characterizes a person as unreliable. But this moment is the only unpleasant consequence for those who were fired under the article for absenteeism.

Quite often a situation occurs when dismissal for absenteeism occurs as a result of going on vacation without warning or due to untimely departure.

But in this case, the employer has the right to threaten dismissal only if there is no schedule. Which is also a serious violation and is punishable by a fairly serious fine.

Therefore, in such a situation, most employers try to find a compromise with their employees.

How to avoid being fired for absenteeism

Violation of the Labor Code always threatens with quite serious problems. But there are always various ways to get out of a difficult situation when an employer has grounds to fire his employee for absenteeism. Moreover, such actions are completely legal.

For example, when an employee is absent from his workplace for more than 4 hours, the employer has every right to initiate disciplinary proceedings.

According to Article No. 193 of the Labor Code of the Russian Federation, the employee is obliged to provide the HR department with an appropriate justification for his absence from the workplace.

But at the same time, according to the same Labor Code of the Russian Federation, the employee must be given at least 2 working days to prepare the appropriate explanatory note.

In this case, it is necessary to put the appropriate mark with your employer - so that subsequently the HR department employee does not have the right to draw up an appropriate act of failure to submit an explanatory note.

This is how you can win two whole days. During this entire time you must do the following:

write a statement of your own free will;
urgently “get sick” and take a sick leave or go donate blood.

If an employee decides to write a letter of resignation of his own free will, in most cases the organization will not interfere with him.

Since terminating an employment contract in this way is much easier than carrying out the procedure of dismissal for absenteeism. Almost always some kind of compromise can be found with management.

The second way is to take sick leave. Of course, there is no need to falsify anything. Since forgery of a certificate confirming incapacity for work, serious punishment is provided in accordance with the relevant article of the Criminal Code.

But when visiting a doctor, it is necessary to indicate the date of onset of the disease - he must fill out the form accordingly.

You will just need to designate it as a day of absenteeism. In this case, the employer will not have the right to fire for absenteeism or impose any penalty.

The third way to legally evade responsibility for truancy is to donate blood. According to the Labor Code of the Russian Federation, the employee is released from his immediate duties, as well as on the next day.

But it should be remembered that the employer must be notified of the fact that the next day is being used for rest due to blood donation.

In this case, it is necessary to focus on the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004.

When using the latter method, you must proceed as follows (if dismissal is inevitable):

write a letter of resignation;
get sick for two weeks.

After this, you can safely pick up the work book - the HR department is obliged to make a record of the termination of the employment contract at the request of the employee.

The two-week period is necessary because it is mandatory to notify the employer in advance of voluntary dismissal.

In all the cases indicated above, the employer simply does not have the right to fire his employee for absenteeism for the following reasons:

Next, you should not show up at work on the day of dismissal of your own free will - you must continue to be sick. When a certain period expires, the employer simply must send a corresponding notification by mail with a request to appear for the work book.

If for some reason the employee does not want to visit his former place of work, he can receive this document by mail.