22Apr

Hello. In this article we will talk about what truancy is and how to formalize it correctly.

Today you will learn:

1. What is truancy;
2. What are good and bad reasons for missing work?
3. How to correctly confirm that an employee did not show up for work.

What is truancy

Absenteeism from work – this is a subordinate’s absence from work for more than 4 hours.

If an employee has violated the terms, do not make a hasty decision and fire. The main thing is to find out the reason.

Please note that there are exceptions. If a subordinate called his boss the day before and voiced over the phone why he couldn’t go to work, this is not considered absenteeism without a good reason.

But, not everything is so simple. If a controversial situation arises, it is necessary to confirm that the boss was notified. In this case, only witnesses or a recording of a telephone conversation will help.

It is also worth considering that employees have different responsibilities, and if the absence of one may not even be replaced by many, then the absence of another may affect the profit of the entire enterprise.

Example: if you are an ordinary secretary, but nothing bad will happen in the company during your absence. But if you are the chief engineer who is responsible for starting up the equipment and starting production for the whole day, then the losses can be colossal.

Reasons for absenteeism

If you carefully study the Labor Code of the Russian Federation, you can conclude that the law does not establish which reasons are valid and which are not. But how to determine? Everything is very simple and the boss will act as the judge. It is he, according to the law, who can make the right decision and determine the punishment for his subordinate.

In practice, there can be short-term and long-term absenteeism. As for the second case, each citizen can disappear for several days and not answer phone calls.

Sometimes a boss cannot find out where his subordinate is. If this continues for a long time, then the employee is simply killed, since the company does not need irresponsible people.

As for short-term absenteeism, we can highlight:

• Absenteeism from work without explanation, for at will;
• If you wish, take a day off;
• Unauthorized use of a day off at the expense of future vacation;
• Stay in a medical sobering station;
• If you left work early to catch a...

While the employee is absent from work, the boss records the absence and does not pay work time. Each employer decides independently whether to fire such an employee or impose penalties. Even if the subordinate is left, he must understand that it will be extremely difficult to earn trust.

Conditions for recognition of absenteeism

Every employer should know how to properly fill out documents if an employee does not show up for work. The thing is that if you leave this issue for later, wait for the employee and formalize everything retroactively, you can get punished.

In judicial practice, there are cases where a citizen was deprived of his main job, and he won the case, proving that there were violations in the registration of absenteeism. At the same time, the citizen still received a monetary payment as compensation. This also happens, and in Lately more often. Conclusion - the employer must do everything not only correctly, but also on time.

Under what conditions can a boss consider a failure to appear as absenteeism?

• When a subordinate was absent for less than 4 hours during the entire work shift. There is one important nuance here that is worth considering. The thing is that some employees are strictly assigned workplace, while others do not. And if an employee, for whom a place is not assigned, came, but was not at his workplace, but on the employer’s territory, this is not considered absenteeism. It doesn’t matter whether he was helping someone else or just relaxing and drinking coffee.
• When a subordinate is more than 4 hours late. In this case, there is also a small nuance, according to which it is not considered absenteeism if the worker is exactly 4 hours late. As they say, he arrived exactly and not a minute more.
• If during the whole day the subordinate does not show up for work and does not provide confirmation. Here, as they say, “there is no forgiveness” and the punishment is well deserved.

Failure to appear for a valid reason

1. Absenteeism due to illness.

No one is immune from diseases and injuries, and citizens often do not go to work due to illness. Of course, you can go to a medical institution and get sick leave, but this is not always possible. Although some simply ask for a document confirming that they were seen by a doctor.

As for injuries, you can take into account fractures, which can disable work for several days, or bruises and sprains.

In addition to your own illness, you should take into account that a child or a close relative may become ill. In this case, a doctor's certificate is required.

1. Conducting a medical examination.

There is work that you can start only after passing. This is required by kindergartens, catering establishments and many others. As a result, the employer may make it mandatory that his subordinates be examined once or twice during the year.

It turns out that if a citizen was not at his workplace due to undergoing a medical examination, this is not considered absenteeism. But do not forget that a subordinate cannot make a personal decision when to undergo an examination; this action must be agreed upon with his superiors and preferably in writing.

1. Participation in litigation.

By law, any person can be summoned to court, as a victim or witness. In this case, failure to appear will be considered forced absence, which will not be punished.

1. Utility accident.

At any moment, a utility accident may occur as a result of which you will not be able to go to work: your neighbors are flooded, a pipe bursts, a gas leak occurs, or a fire breaks out.

1. Delay of wages.

The order is communicated to the employee in writing. After signing, all documentation is placed in a personal file.

Do not forget that when hiring a subordinate, each boss must clearly explain what punishment is applied for violating the employment contract.

How to register absenteeism without dismissal

It’s good when the manager decides to leave the employee, but formalizes absenteeism without dismissal in accordance with all established rules.

Let's consider the registration procedure:

1. Drawing up an act.

IN mandatory an act is drawn up that contains all the personal data of the employee who violated the terms of the contract. In addition, information about the employer and two witnesses is indicated.

All persons who will appear in the act must sign it - this is important. Afterwards, it is described in detail when and how long the subordinate was absent from the workplace of his own free will. Well, the act must be completed by making a decision - what the employee receives for his negligence.

1. Memorandum.

This is the second mandatory document, which also indicates the reason for the violation and the timing of unauthorized absence. An act is attached to the note and handed over to the head of the company.

1. Order.

Only when an authorized employee receives all the documents does he prepare an order. The manager is the first to sign and study the order, after which he is brought to the notice of the violator of the employment contract.

According to the law, 3 days are allotted for preparation of the order and familiarization. If the employee does not agree with the decision and refuses to sign, a report is drawn up. An act is prepared in the presence of witnesses, which records that the worker refused to sign the document.

How to register absenteeism with dismissal

As already said, the boss himself decides what punishment to apply. In practice, if an employee comes and does not want to explain anything, he is simply fired for absenteeism.

To arrange everything correctly, you should:

• Prove that the employee was really not at work at the specified time. Here you can attract witnesses or use recording if CCTV cameras are installed;
• Ask him to write an explanation as soon as he shows up at work.

Let us note once again, since this is extremely important, according to the law, the explanatory note is the main document that is required when dismissing a subordinate. If the employee does not provide it within 2 days, a corresponding act and dismissal order are drawn up.

The truancy report is drawn up according to the rules of the organization on an official form. The document can be in any form. In addition to the manager’s signature, the document must contain the signatures of witnesses. The report must indicate all the employee’s personal data, the exact time of absence and the situation that resulted in the violation.

As soon as all the documents are prepared, a dismissal order is drawn up. According to the law, an employer can fire an employee within a month from the moment the violation is discovered. Of course, after the specified time, he can also terminate the employment relationship, but for a different reason.

One of the most common grounds for dismissal is dismissal for absenteeism. To ensure that the court does not subsequently recognize such a dismissal as illegal, it is necessary to pay careful attention to the preparation of documents and compliance with the dismissal procedure.

Truancy concept

The first thing that will help minimize the legal risks of declaring dismissal for absenteeism illegal is the correct definition of the concept of “truancy.”
It is important to consider that absenteeism is not only absence from work. In the current labor legislation, five types of absenteeism can be distinguished:

• the employee did not come to work and was absent throughout his entire working day (regardless of its specific duration), and he cannot explain his absence with valid reasons. There is no list of valid reasons, and the company has the right to decide for itself whether certain reasons for absence from work are valid. However, the company is obliged to ask the employee for the reasons for his absence and evaluate these reasons. Otherwise, dismissal for absenteeism may be declared unlawful by the court;
• the employee was absent from his workplace for more than four consecutive hours during his working day;
• an employee on an open-ended employment contract submitted a resignation letter of his own free will and did not go to work, ignoring the two-week work period;
• an employee on a fixed-term employment contract does not return to work before the expiration of the contract or the notice period for early termination of the contract;
• the employee unauthorizedly used days off or went on vacation without permission, unless there are violations on the part of the organization. For example, if an employee was legally entitled to rest days, and the organization did not have the right to influence at what time the employee could use them (for example, in the case of donating blood). In this case, dismissal for absenteeism will be unlawful.

Thus, the first step of the procedure for dismissal for absenteeism is the qualification of the employee’s actions: if they fall under one of the five cases listed above, you can launch the procedure for bringing disciplinary action and dismiss the employee for absenteeism.

Dismissal for absenteeism: step-by-step instructions 2017

If the employee’s actions can be qualified as absenteeism, then further steps must be taken according to the following scheme:

• registration of an absence certificate.

The act is drawn up in free form; a unified form is not provided. The act must contain information about the position and full name of the employee, the time of his actual absence from the workplace, as well as the full name and signatures of the employees who recorded absenteeism, and the time the event was recorded. In practice, the act is signed by three employees.
At the same time, you must remember to correctly draw up a time sheet using letter designation“NN” (failure to appear due to unclear circumstances);

• finding out the reasons.

The next step in the procedure for dismissing an employee for absenteeism is to clarify the circumstances of the absenteeism. It must be remembered that dismissal in this situation is only the right of the company, but not an obligation. In practice, this means that, depending on the severity of the offense and the degree to which the reasons are valid, the company may decide to apply a lighter disciplinary sanction - a reprimand or reprimand that does not automatically lead to the dismissal of the employee. In the event of a labor dispute, the court will evaluate, among other things, the proportionality of the punishment to the misconduct.
Explanations must be received in writing (Article 193 of the Labor Code of the Russian Federation) in free form.
Despite the fact that the procedure for requesting explanations in current legislation is not regulated, it is recommended to draw up a notice of the need to explain the reasons for absenteeism and hand it to the employee under his personal signature. The employee will have two working days to provide explanations.
If an employee refuses to sign the notice, then it is necessary to draw up a report using a procedure similar to drawing up a report on absenteeism.
If the employee has not explained the reasons for absence from work after two working days, then this fact must also be recorded in a document.
To dismiss an employee for absenteeism, either a notice of the need to give explanations and written explanations received from the employee, or both a notice and an act of failure to provide explanations, will be sufficient;

• application of disciplinary action.

If the company does not consider the employee’s reasons for absence from work to be valid, then the last step of the step-by-step procedure for dismissal for absenteeism is the application of disciplinary action in the form of dismissal.
In this case, dismissal occurs by

Dismissal for absenteeism usually represents an extraordinary task for a personnel employee, and therefore the presented procedure for dismissal for absenteeism in the form of step-by-step instructions relevant for 2018 will be useful for both employees and employers.

In labor law Russian Federation provides the grounds on which the employer has the legal right to terminate the current employment contract with an employee for absenteeism. However, in practice, having received “dismissal under an article” in their work record, even the most inveterate truants may disagree with the dismissal and begin to challenge the dismissal, even if it was objectively fair and legal.

To eliminate the risks of such disputes, which take a lot of effort and time, you need to clearly understand the whole process, how to properly fire an employee for absenteeism. Ideally, every HR specialist should have a step-by-step written detailed instructions dismissal of an employee for absenteeism, and there must also be a sample of each notice, act and order that is necessary to ensure that the registration of absenteeism is correct.

First you need to decide what truancy is. Art. 81 of the Labor Code of the Russian Federation (clause 6, part 1) explains that absenteeism is considered to be the absence of a person from his workplace for more than four hours in a row or throughout his entire work shift, regardless of its duration. In this case, it is important whether he had good reasons on this.

The employer has the right to terminate the contract after a single such violation. It is also possible to be fired for long absences.

In order for the scheme of dismissal for absenteeism to be clear even to a non-professional personnel officer, step-by-step instructions are needed that are relevant in the current 2018.

Typically, signatures are placed by the person who discovered the fact of absenteeism, as well as by an employee of the human resources department or another official responsible for the procedure for registering absenteeism. Collected documents are registered in the manner established by of this employer. As a rule, in the relevant accounting or registration journals.

Step 2. We clarify whether there are any restrictions on the dismissal of this employee at the initiative of the employer

It should be remembered that Article 261 of the Labor Code of the Russian Federation directly prohibits, on any basis, at the initiative of the employer, except in cases when the organization is being liquidated, or in connection with the closure individual entrepreneur. In other words, even if a pregnant woman skips work every day, she cannot be fired for absenteeism.

Step 3. Check the deadlines established by law for dismissal for absenteeism

Obviously, the date of dismissal for absenteeism cannot be several years later than the absenteeism itself. Article 193 of the Labor Code of the Russian Federation defines the deadlines for dismissal for absenteeism. This period is equal to one month from the date of discovery of the offense. It can be extended for the duration of the employee’s sick leave or vacation, as well as for the time that will be necessary to request and take into account the opinion of the representative body of employees, if there is one in the organization.

Sometimes truancy is not immediately known. Then, when the fact of absenteeism is discovered, you need to make sure that the deadline for applying the penalty has not been missed. It is six months from the date of absence. This period does not include time for conducting criminal proceedings.

Step 4. We ask the employee for a written explanation of his absence from the workplace

To do this, an official notification of the need to provide an explanation for absence from work must be issued in writing. The document must be prepared in two copies so that each party receives one. We register the notification in accordance with the procedure accepted in this organization. Sometimes this is a log of notifications, acts and memos, sometimes, if the company's staff is small, it can be a general log of personnel document flow.

The employer hands one copy of the notice to the employee in front of witnesses. On the remaining copy (the employer's copy), the employee signs that he has read the notice and has received one copy in his hands.

According to the law, the employee is given two working days to provide a written explanation. A written explanation of the truant employee provided within this period must be registered in the appropriate journal and accepted for consideration.

If the employee refuses to provide written explanations, he should still wait the required two days in case he changes his mind and still exercises his right to provide explanations. Otherwise, if it comes to a labor dispute, the court may consider that such a right was not granted to him and reinstate him at work. Such arbitrage practice exists.

If the established period has expired and the employee has not provided an explanation, then it is necessary to draw up an official document about this, which also must be carefully registered.

The absence of a written explanation from the employee is not an obstacle to applying the required disciplinary sanction if the entire procedure for dismissal for absenteeism(s) has been followed.

Step 5. Consider all the circumstances of absenteeism

Step 6. Check the validity of the reason for absenteeism

The procedure for dismissing an employee for absenteeism(s) stipulates that dismissal under this article is possible only if the employee does not present valid reasons for not appearing at work.

Moreover, dismissal for absenteeism in this case is not an obligation, but the right of the employer. If, after analyzing all the circumstances of the misconduct, the employer decides not to dismiss the employee, but to limit himself to imposing a reprimand or reprimand on him, this is his legal right. It may also be decided not to apply any disciplinary sanctions. In this case step by step procedure The dismissal of an employee for absenteeism(s) ends here.

However, it makes sense to keep all collected notifications, explanations and acts in the employee’s personal file in case the situation repeats.

If, after reviewing all the documents and taking into account all the explanations, management decides to dismiss you for absenteeism, then the following steps of the instructions are relevant.

Step 7. Drawing up a dismissal order

The issued order is signed by an official authorized to perform these actions, registered in the order journal or in another manner established in the given organization.

You should make sure that the employee is not on vacation or temporarily disabled at the time of dismissal. During these periods, the dismissal of employees at the initiative of the employer is illegal (Article 81 of the Labor Code of the Russian Federation). In this case, the dismissal of the employee will need to be postponed until the end of this period.

Step 8. We familiarize the employee with the dismissal order against signature

If the dismissed employee has read the order and certified it with his signature, the order must be registered. If it is not possible to bring the order to the attention of the employee, or he refuses to put his signature on it, a corresponding entry about this is made on the order itself (Part 2 of Article 84.1 of the Labor Code of the Russian Federation). If the employee refuses to familiarize himself with the issued dismissal order, it is necessary to draw up and register an act (Part 6 of Article 193 of the Labor Code of the Russian Federation).

Step 9. Pay the employee

Step 10. We make an entry about the dismissal in the work book, duplicate the entry in the T-2 personal card

The employee certifies the recording data with his signature on the personal card. Also, upon dismissal, it is necessary to check that every entry made by this employer into the employment record (about hiring, about transfer to another job, about dismissal) is duplicated in the personal card. And opposite each one was the signature of the dismissed employee.

Step 11. Making a copy of the work book

A copy should be kept in the organization’s archive in case reliable information about the length of service of the dismissed person is needed, for example, for the Social Insurance Fund of the Russian Federation.

Step 12. Issuing the employee his personal work book

In a classic situation, issuing work book performed on the last day of work. Sometimes this is not possible due to the absence of the employee or refusal to receive it. In this case, first of all, the corresponding act is drawn up, and the employee is sent an official notice of dismissal and the need to personally come for the work book or give written consent to have the employer’s representative send it by mail.

The notification is registered. If an employee who does not agree to receive his work book immediately after dismissal, after some time turns to the employer for it, then it should be given to him within three days (working days) from the date of the employee’s written request.

Step 13. Confirm that the work book has been issued

In any organization where at least one employee works, a book of traffic movements must be kept. books and inserts. It records such information as the date of each employee’s hiring and, accordingly, the receipt of his work book for safekeeping.

When issuing a book, an employee must make an entry about this in the Accounting Book. The date of dismissal and the date of issue of the work book are also indicated. Former employee must personally sign to confirm receipt of the document.

Step 14. Issuing additional documents to the employee

We issue certificates to the dismissed person, which contain information about the amount of his earnings. The employer’s responsibility is to issue each dismissed employee with certificates specified by law (clause 3, part 2, article 4.1 of the law of December 29, 2006 N 255-FZ). Often, when employees resign, they expect to automatically receive a 2-NDFL certificate. However, the employer’s obligation to issue this certificate occurs only if the employee submits a written application for its issuance.

Article 81 of the Labor Code of Russia states that absenteeism is one of the types of intentional violation by a worker of rules, norms and discipline standards, due to which this employee can be fired.

But what exactly is absenteeism, how is dismissal for absenteeism carried out, and what should the parties to the labor relationship do in the event of absenteeism?

Absenteeism is the absence of a person working at his place for four or more hours without good reason.

If you analyze the Russian Labor Code, you can understand the main features:

1. Absence of someone working in his place for more than 4 hours or more (including the fact that he disappeared for the whole day).
2. The presence of proven guilt of the employee who skipped work.
3. Violation of the rules and regulations formalized by the Labor Relations Act. We are talking about violations of working hours regulations or the rules established by the company for an employee to remain at the workplace during working hours.
4. The employer personally verified all the circumstances of the violation committed by the employee labor discipline, and was also able to confirm this act with documents.

Important point! There is no legislative classification of absenteeism (for example, violations of labor discipline have their own qualifications - disobedience to management, violation of safety rules, disruption of the work process and other issues). In other words, absenteeism is absence from work, and nothing more. It is divided only into types according to quantity and duration.

The lack of classification can be useful for an employee, especially if, due to absenteeism, the employer initiates a step-by-step procedure for dismissal for absenteeism with diagrams and sample documents. Taking into account all the dismissal algorithms, it is possible to challenge the manager’s decision.

Types of truancy

When dismissing for absenteeism, the step-by-step instructions for dismissal describe such types of absenteeism as:

1. Short-term. With this category, the employer has at least some important information about where the employee is during absence, or has the opportunity to communicate with him via telephone or Internet connection.
2. Repeatedly. This category indicates the worker’s repeated absence from work. Usually we're talking about that the employee missed work more than 2-3 times a year.
3. Long lasting. We are talking about not attending the workplace for several days, weeks or even months, and there are no valid reasons for the absence, as well as communication with the employee.

What happens to an employee if he does not show up for work?

If management knows that a worker is absent for 4 hours or more, it has every right to take disciplinary action against its employee.

According to Article 192 of the Labor Code of Russia, sanctions will arise in cases where an employee improperly fulfills the duties specified in the contract.

Causes and procedure

A respectful reason

It should be remembered that not every person’s absence from work can be a no-show. There are a number of circumstances (force majeure, life) that can be officially recognized as valid. Such cannot be attributed to absence on site.

The main reasons why a worker cannot be fired for absenteeism include the following:

1. A citizen’s request for help from medical institutions due to deterioration in health, accompanying the victim, providing primary care, applying for sick leave or caring for a child.
2. Passing vaccinations, examinations, examinations.
3. Participation in government assignments, court hearings and some other investigative activities.
4. Participation in rallies and strikes.
5. Absenteeism due to non-payment of wages.
6. Emergency (accident, traffic accident, vehicle delay).
7. Circumstances that are in no way dependent on a person (cataclysms, floods, landslides).

What can be evidence of good cause?

1. If we are talking about a citizen’s participation in a rally or strike, he must present a corresponding certificate from a medical institution or law enforcement agencies. These must be correctly filled out documents according to the samples.
2. If these are any insurmountable circumstances that are independent of the person, then the employer will learn about their existence independently from the media.

Important point! Only if there are certain documents that can confirm the validity of absenteeism, the process of dismissing an employee cannot be carried out.

Types of penalties

The current Labor Code has several types of sanctions.

The main types of penalties include the following:

1. A reprimand if the worker skipped work infrequently.
2. Comment.
3. Complete termination of the contract labor relations according to the initiative of the employer himself.

Important point! The first two options do not have clarifications, according to the Russian Labor Code, regarding legal grounds, so it is difficult to distinguish between them. These two types of disciplinary sanctions have the same application periods. These can be penalties in any form (written or oral).

If reprimands have been received multiple times, the employer has the right to use the third method of recovery, that is, to carry out a procedure such as dismissing the employee. This is the basic procedure for dismissal for absenteeism.

When can you fire?

The manager’s responsibility is to prove that the reason for the employee’s absence is not a valid one, and he has the right to carry out the dismissal process in accordance with the accepted procedure. Otherwise, the employee can refute the order or go to court.

The main signs that it was a truancy

1. The employee either missed his shift completely (even if the shift lasts 1-2 or 3 hours), or 4 hours from his shift.
2. The employee is officially out of office.
3. The failure to appear was without a valid reason.
4. There is no physical or legal evidence.

The main signs that this is not truancy

1. The absentee worker was absent for less than 4 hours.
2. The employee does not have his own place to work, so he is located in some other place and room.
3. The employee did not have the opportunity to inform his immediate supervisor about his absence.
4. Valid reasons for failure to appear.

Instructions for dismissal

The procedure for dismissing an employee for one or more absences consists of several stages:

1. Checking documentation and absences.
2. Finding out the reasons for absence from work.
3. Decision and order on imposing penalties.

At each of these stages, any, even minor, inaccuracies or errors can result in a lawsuit from an employee. In this case, the dismissal order will be canceled, the dismissed employee will be paid compensation and reinstated in his position. Therefore, it is necessary to carefully monitor each stage of dismissal for absenteeism.

The first thing that needs to be done is to issue an act of failure to appear for the missing worker. This document is one of the main evidence of violations of labor discipline.

The act is drawn up according to the following scheme:

1. Title (this can be a document such as an act of walking or absence). Officially allowed various options title of the document.
2. Date and address of compilation.
3. Full name of the person drawing up the act (most often this is the manager or immediate superior).
4. Full name of the person suspected of failure to appear.
5. All possible circumstances of absenteeism (this could be a period of time during which the worker was absent, actions of the manager).
6. The date of drawing up the act with the signatures of witnesses and participants in the act.

Important! The report must be drawn up on the very day that was missed due to absenteeism.

Dates and periods of dismissal

The date of the corresponding order document on the dismissal of the employee must completely coincide with the date of the decision to terminate the relationship.

Important point! An order cannot be issued earlier than the date the employee provides an explanation, act or reason for his absence. Also, the order cannot be issued later than one month from the date of failure to appear.

Also, documents cannot be prepared retroactively, as they must fully reflect the date of publication. The only exception may be an employee's long absence under unexplained circumstances. The date of dismissal for failure to appear is the date of the last working day if the employer decides to terminate the employment relationship. And if he does not appear for the entire shift, then the official dismissal is the date that preceded this event (according to Article 84.1 of the Labor Code of Russia).

Compensation and financial payments

After termination of the contractual relationship, the employer must make settlement payments. What can the employee receive in this case:

1. Calculation for each hour worked.
2. Compensation for each day of vacation that was not used.
3. Payment of sick leave before dismissal.
4. Compensation for all travel expenses, including business and financial expenses that were not incurred until the day it was decided to dismiss the employee.

Nuances for different categories

With regard to termination of employment due to absenteeism for some categories of workers, the following points can be noted. They relate to what types of workers are prohibited from being fired:

1. Pregnant women.
2. Single mothers with children under 14 years old.
3. Parents with many children with children under 3 years old.
4. The sole breadwinner of a disabled child under 18 years of age.

Important point! Dismissal of employees working part-time, as well as young specialized workers, occurs according to general principles. The same applies to those who work in government positions and to those who are military personnel.

In the event that the employee did not forget to notify the immediate employer in writing about the refusal of additional work 3 days in advance, this will not be classified as absenteeism.

Conclusion

Dismissing a working citizen due to absenteeism is a very unpleasant procedure that can ruin the relationship between the parties to the labor relationship, so it is important to know how to properly fire an employee. Also, dismissal due to absenteeism can result in difficulties during the job search process in the future. However, you shouldn’t worry about this – it’s enough to draw the right conclusions in time so as not to repeat previously made mistakes.

It is also important for the parties to be aware of the responsibility upon dismissal based on the same principle. If the dismissal procedure was not carried out in accordance with the law, or if the employer independently committed at least one minor violation, the employee has every right to go to court to assert his rights during legal proceedings.

There are situations when an employee does not come to work for a long time without a good reason. The manager has grounds to apply a harsh disciplinary measure - dismissal for absenteeism.

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This procedure must be carried out in a certain sequence, observing the deadlines and rules for processing documents.

The legislative framework

The regulatory framework consists of:

• Labor Code of the Russian Federation: Art. 81, 192, 142, 193, 261, 392, 140.
• Resolution No. 1 “On approval of documentation forms for labor and payment accounting.”

The text of the documents can be found here:

What is considered to be truancy?

Absenteeism is the absence of an employee from the workplace for more than four hours. This is equivalent to the situation when management is not warned in advance about the early termination of the contract.

Other situations:

• arbitrary use ;
• leaving during or outside the schedule or without the permission of the boss;
• refusal to work for two weeks at .

There are two possible scenarios for future developments:

• the reason turns out to be significant, there are supporting documents - you cannot punish for absenteeism;
• the employee was absent without a good reason - penalties may be taken (at the discretion of management).

When punishing, the degree of damage to the enterprise and the prevailing circumstances are taken into account. You also need to take into account the requirements Labor legislation and local acts.

The consequences for the truant may be different:

• warning;
• reprimand in writing;
• dismissal.

Valid reasons for absence from work include:

• seeking medical help;
• finding or caring for disabled relatives;
• passing a medical examination, mandatory for a number of specialties;
• participation in investigative actions and in court.

A valid reason is documented (certificate, certificate of incapacity for work, etc.).

If payment is delayed by 15 days, the employee has the right to suspend activities until payment is made.

However, he must notify management of his intention in writing.

What to do if an employee does not show up for work?

First of all, the boss writes a notification about the incident to higher management. The document indicates the time and duration of absence.

After this, the HR specialist makes a note on the time sheet, entering the letter “NN” next to the last name, and the accounting department suspends payroll.

The supervisor must contact the employee to determine the reasons for absence.

If this cannot be done, he sends a registered letter to the place of residence with a requirement to present an explanatory note.

• After the letter has been successfully received, a period of two days (maximum a week) is given to present an explanatory note.
• When returning a letter with a mark of non-receipt, it is recommended to contact your neighbors, district police officer and other people. If you dismiss an employee without trial, and the reason turns out to be valid, the court will require reinstatement.

Step-by-step instructions for dismissal for absenteeism

When deciding to terminate a contract with an employee, you will need to document the fact of absenteeism.

The confirmation will be:

• mark on the report card;
• certificate of absence from work;
• a notice sent home asking you to report to work.

HR specialists must strictly follow the procedure and procedure for dismissal for absenteeism.

The process consists of the following steps:

• Fixing the fact of absence during working hours - a report is drawn up. The document does not have a unified form, so it is written in any form. The text contains the date, time and duration of absence. An example is shown in the figure (file 2).
• The act is certified by the signatures of at least three witnesses. If the employee was absent for several days, then the document is drawn up separately for each of them. Only the current date is entered; registration at a later date makes it invalid.
• Providing an act and requesting an explanatory note. All this happens immediately after the employee returns to the enterprise. He is obliged to indicate valid reasons for absence and evidence. By Labor Code 2 days are allotted for preparing documents. In case of non-compliance or refusal, an act of failure to provide an explanatory note is created. The employee will need to sign it in front of three witnesses.
• Drawing up a report. An explanatory note is attached to it, everything is transferred to the head of the enterprise.

Example of an act:

Example explanatory note employee:

Report form:

Based on the explanations received, a decision is made on whether dismissal for absenteeism will follow.

If the reason is considered unsatisfactory, the personnel employee issues an appropriate order - it is drawn up according to a special template (form T-8):

The document must be drawn up correctly, strictly observing legal norms. The slightest discrepancy will be grounds for challenging the decision.

Primary requirements:

• the date of termination of the contract is entered;
• a link to the reason for dismissal is provided;
• documents confirming the fact of absenteeism are listed.

Within three days from the date of issuance of the order, the truant must be informed. Next, the document is registered in the personnel register.

In the work time sheet, the letter code “NN” is replaced by “PR” - absenteeism.

Information about dismissal is entered into a personal card. The employee's signature is required.

An entry is made in the work book about the termination of the contract - the columns must contain:

• No. 1 – serial number;
• No. 2 – date of incident;
• No. 3 – information about dismissal and reference to the law;
• No. 4 – order details.

Example:

Issuance of a work book to an employee, entry in accounting documents. If necessary, it is sent by registered mail to your residential address.

Terms of dismissal for absenteeism:

• from the date of commission of the offense – 6 months;
• from the moment of discovery – 1 month.

The decision can be appealed within 30 days from the date of delivery of a photocopy of the order of dismissal or receipt of the work book.

Retroactive termination of a contract is illegal except in two cases:

• long periods of absence;
• death of an employee.

Payments and compensations

When dismissing an employee, it is necessary to calculate the salary for the time worked, taking into account compensation for unused vacation(main and additional).

According to the law, the employer cannot have grounds to refuse.

When calculating, the following actions are performed:

• The number of calendar days allocated to the worked month is determined.
• The period for which the employee must receive compensation is specified. The result is rounded to the nearest full month if the surplus is 15 days or more, otherwise it is not taken into account.

The amount of payments is calculated using the formula:

Compensation = salary average.d.x vacation days

If the billing period is fully worked out, the average daily earnings are determined as follows:

ZPav.dn.=(ZPr.p.)/(DNIk.total.x 29.4)

Salary r.p. – wages for the billing period;

DNIK.general – total number of calendar days;

29.4 – average number of days in a month.

If the billing period is not fully worked out, the formula is applied:

Salary avg. days = (Salary r.p.)/(Npol.x 29 days x 1.4)

Personal income tax payment – ​​13%

Example:

Let's find the number of days actually worked. The employee did not go to the company from February 22 to February 26, that is, the required value is 22.

We determine the number of months for which compensation is due.

Since N.V. Lebedeva entered into an employment contract on November 2, 2019, and worked in full for 3 months and 20 days. The excess is more than 15 days, therefore, we round the result to 4 months.

Salary N.V. Lebedeva for February will be: 22 days x 935 rubles. = 20,570 rub.

Payments for unused vacation, which the employer must provide in accordance with Art. 140 Labor Code of the Russian Federation:
935 rubles x 4 months x 2.33 days = 8714.2 rubles.

The management of Put LLC is obliged to issue N.V. Lebedeva RUB 29,284.2

Deadline: no later than the next day after submitting the request for payment.

Controversial situations

According to Article 261 of the Labor Code of the Russian Federation, it is prohibited even in case of violation of discipline.

When a manager illegally terminates an employment contract due to absenteeism, the employee performs the following actions:

• points to written explanation your position;
• attaches to the case a photocopy of the work log with a signature on the day that was mistakenly considered absenteeism;
• collects other evidence in his defense.

Sometimes subordinates try to deceive employers by claiming that the reason for absence was valid, although in fact the issue is dubious.

In this case, it is necessary to collect as many documents as possible confirming management’s concerns, as well as witness statements against signature.

Situation from practice:

A commission consisting of a manager, a mechanic and an accountant drew up an act of absence of G.V. Prokhorov (driver) at the workplace from 11.00-17.00. The man claims that at that time he was in a car service center, as he was repairing a gazelle.