It is possible to dismiss an employee for absenteeism if he is absent from the workplace without good reason during the entire working day or shift or for more than four hours in a row. The employee is required to provide a written explanation of the reasons for his absence from work, on the basis of which the validity of these reasons is assessed. The refusal of the employee to give an explanation is not an obstacle to dismissal.

Reasons for dismissal for absenteeism

Absenteeism is the absence of an employee without good reason at work throughout the working day (shift), regardless of its (her) duration, as well as at the workplace - more than four hours in a row during the working day (shift) (clauses "a" p 6 part 1 article 81 of the Labor Code of the Russian Federation).

At the same time, the decision of the employer to recognize the specific reason for the absence of an employee from work as disrespectful and, as a result, dismissal of him for absenteeism can be verified in court (Determination of the Constitutional Court of the Russian Federation of January 26, 2017 N 33-O).

good reasons absence from work

Labor Code The Russian Federation does not contain a list of valid reasons for the absence of an employee from the workplace. However, the following reasons, in particular, can be recognized as valid (Articles 142, 170, 186, 414 of the Labor Code of the Russian Federation; clause 6 of the Review judicial practice of the Supreme Court of the Russian Federation for the III quarter of 2013, approved. Presidium of the Supreme Court of the Russian Federation on February 5, 2014; Determination of the Moscow City Court dated October 22, 2010 in case No. 33-33169):

1. temporary incapacity for work (at the same time, untimely submission to the employer of documents confirming the fact of temporary incapacity for work cannot serve as a basis for recognizing the reasons for the absence of an employee from work and his dismissal for absenteeism as disrespectful);
2. performance of public or state duties;
3. the donation of blood and its components, as well as the conduct of a related medical examination;
4. participating in a strike;
5. detention;
6. emergencies resulting in transport problems, such as flight cancellations or delays;
7. suspension of work due to a delay in the payment of wages for more than 15 days (upon notification of the employer in writing);
8. looking after a minor child in connection with the hospitalization of the employee's wife in the hospital.

As confirmation of the reason for his absence, the employee may submit to the employer a certificate of incapacity for work, a subpoena, a certificate from medical institution, from the transport organization.

Irrelevant reasons for absence from work

Disrespectful reasons for absence from the workplace may, for example, include (Appeal rulings of the Moscow City Court of February 18, 2016 in case N 33-2890 / 2016, of October 4, 2016 in case N 33-32613 / 2016):

1. passing a medical examination (obtaining a medical consultation) in the absence of a issued sick leave;
2. time off for the days worked during the vacation period, if the recall from the vacation was not issued and there are no documents confirming the need to go to work during the vacation period;
3. filing an application for parental leave, if the issue of granting such leave has not been resolved by the head;
4. finding a spouse in hospital treatment.

Application of disciplinary action in the form of dismissal

Before applying a disciplinary sanction in the form of dismissal, the employer must request a written explanation from the employee about the reasons for his absence from work. If, after two working days, the employee has not provided an explanation, the employer is obliged to draw up an act on this.

The employer has the right to dismiss the employee for absenteeism if the employee refuses to provide written explanations about the reasons for absence from the workplace, as well as documents confirming these reasons. At the same time, a disciplinary sanction is applied no later than one month from the date of detection of absenteeism, not counting the time of the employee’s illness, his stay on vacation, as well as the time required to take into account the opinion representative body workers (parts 1 - 3 of article 193 of the Labor Code of the Russian Federation).

If the employee has provided an explanation and supporting documents, then the question of whether the reasons for the absence are valid is at the discretion of the employer, but can be challenged by the employee in court.

When imposing a disciplinary sanction, the severity of the misconduct committed and the circumstances under which it was committed, including the fact that the employee notified or failed to notify the manager of the reasons for absence from work, are taken into account.

At the same time, the employer must assess the reasons for the absence of the employee and apply a disciplinary sanction in proportion to his misconduct, taking into account the previous behavior of the employee and his attitude to work (part 5 of article 192 of the Labor Code of the Russian Federation; Ruling of the Supreme Court of the Russian Federation of 08.12.2019 N 5-KG19-98) .

The order (instruction) of the employer on the application of a disciplinary sanction in the form of dismissal is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If an employee refuses to see specified order(order) against signature, then an appropriate act is drawn up (part 6 of article 193 of the Labor Code of the Russian Federation).

It should be borne in mind that in case of violation of the procedure for applying a disciplinary sanction, in particular, if the employer did not request a written explanation from the employees on the fact of absence from the workplace, the dismissal of such employees will be declared illegal. However, if the employer took actions to demand explanations from the employee, for example, by sending a telegram to his place of residence, which he did not receive for reasons beyond the employer’s control, then the dismissal of the employee is lawful (Appeal rulings of the Moscow City Court dated 08.24.2016 in case N 33- 27314/2016, dated 07/28/2014 in case N 33-29793/14).

Dismissal appeal

A disciplinary sanction may be appealed by an employee to state inspection labor and (or) bodies for the consideration of individual labor disputes, including the court (part 7 of article 193, article 382 of the Labor Code of the Russian Federation).

If the employee was nevertheless fired, and he considers the reasons for the absence from work to be valid, then he can apply for the protection of his rights to the district court at the location of the employer, the place of his residence or the place of execution of the employment contract. claim as arising out of labor relations state duty not taxed (Articles 24, 28, parts 6.3, 9 of Article 29 of the Code of Civil Procedure of the Russian Federation; subparagraph 1 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation).

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In addition to various incentives for Good work labor legislation allows the employer to apply various penalties to negligent employees. One of the most common types of misconduct is the optional attitude of employees to adhere to working hours. The most serious of them is considered absenteeism at work - the Labor Code of the Russian Federation provides that, as a punishment for a long absence from the workplace, the manager can even dismiss the subordinate.

Absenteeism or being late

The labor legislation gives a clear definition of what can be considered absenteeism. This is an absence from the workplace lasting four hours or throughout the entire work shift (day), if its duration is less.

Up to four hours is considered late.

Absence must last for four hours or more at a time, if this time is broken, then such an absence from the workplace is considered late.

For example, an employee was delayed for three hours at the start of the working day, and then was absent for another hour and a half after a lunch break. Such a delay is not considered absenteeism, although the total absence was more than four hours.

The legislation leaves the punishment for absenteeism and being late for work at the discretion of the employer. This can be monetary penalties or the application of disciplinary measures provided for in laws - from a simple remark to dismissal for a dismissive attitude to the work regime on the part of an employee.

To apply the punishment, the employee must be absent from work without a good reason.

Therefore, before punishing an employee, the manager must find out the reason for being late or absenteeism and the degree of its respect.

The legislation does not provide for a clear gradation of what is considered a good reason, and what reason is not. In most cases, the decision is made by the head, however, some of the reasons for the absence are still listed in the regulations.

Valid reasons for absence from work

First, it is agreed with the employer official absence at work. These include:

For example, an employee, upon his application, may be granted leave without pay, in connection with the birth of a child (for the father), marriage and other family circumstances.

This fact of the absence of an employee at the workplace is known in advance and appropriate orders or orders have been issued. In addition, there may be an oral agreement with the immediate supervisor that the employee will be absent from work for a certain time for personal reasons.

Secondly, valid reasons are recognized that have documentary evidence. They are not known until the moment of absence, however, the employee can provide an official document that confirms the seriousness of the reason for being late or absenteeism.

Such documents and grounds include:

• sick leave certificates for temporary disability of an employee or his minor child;
• the need to be present at court hearings;
• participation in events held by law enforcement agencies;
• detention until found guilty.

Third, various force majeure circumstances that led to being late or absenteeism. These include man-made and natural disasters, traffic accidents, emergencies at an employee’s home, death of a close relative, etc.

For example, there was a hurricane at night, a tree fell and blocked the only exit from the entrance. For half a day they waited for the arrival of emergency services, who removed the blockage and freed the door.

If possible, it is necessary to notify the employer of such circumstances before the registration of the fact of absenteeism begins. workplace.

Fourthly, the employer’s actions that violate labor laws can serve as the reason for absence from the workplace. This may be a delay in the payment of wages for more than 15 days, non-admission to the workplace of an employee reinstated by the court, violations in the field of labor protection.

For example, if the payment of earned money is delayed, an employee can write an application to suspend the performance of his official duties and not come to the workplace (Labor Code of the Russian Federation, Art. 142).

Punishment under the Labor Code of the Russian Federation for absenteeism at work

The validity of the reason for the absence of an employee (other than those established by law) is submitted to the employer for consideration.

For unreasonable absence from the workplace, the labor code provides for three types of disciplinary liability - remark, reprimand, dismissal (Labor Code of the Russian Federation, Art. 192). For some categories of workers, for example, state and municipal employees, personnel of the armed forces, additional penalties may be provided - demotion in rank (positions) or deprivation of a special insignia.

The employer may, but is not required to, impose penalties for absenteeism, for example, at work, an employee is considered a person responsible and performs job responsibilities up to the mark. In this case, a single delay can be forgiven. Or get off with a verbal remark in a conversation with management.

When an employee systematically violates discipline, the manager applies the punishment for absenteeism in accordance with the labor code.

In addition to disciplinary liability, the company may also apply material penalties.

The system of monetary fines is prohibited by law, but an employee can be deprived of part or all of the amount of bonus payments.

Sometimes employees receive a part of their salary in circumvention of the law under various "gray" schemes, and the company's management can fine them by not paying this money. The very fact of unofficial wages can become a reason for the punishment of both the management of the organization and its employees by the regulatory authorities.

If the company fines employees for money for any violations, then this may be the reason for contacting the labor inspectorate. In such a situation, the employer will already receive a fine legally.

Registration of absenteeism at work without good reason

In order to apply disciplinary or monetary penalties, it is necessary to properly document the very fact of the absence of an employee.

First, an act is drawn up on the absence from the workplace assigned to the employee for an unknown reason. In the time sheet, the mark "HN" is put.

If the employee fails to appear for several days, it is better to draw up such acts daily, since after returning to work, the employee can provide documents confirming the validity of his absence on some of these days.

For example, an employee has been away from work for two weeks. The act was one for the entire time of absence. However, returning to the workplace, the truant presented sick leave for an injury lasting one week. Such circumstances make it problematic to apply sanctions.

Then, after the appearance of the truant at work, it is necessary to request an explanation from him in writing about the reason for the absence. The employee is given two days to compile this document. If he did not provide an explanation, then the note “refused to explain the reason” is put in the act of absence.

After that, a decision is made on the application of measures. Depending on the type of punishment, an order (order) is issued to issue a remark, reprimand or dismissal of a negligent subordinate. He gets acquainted with this document against signature.

Disciplinary punishment in the form of a remark or reprimand is not reflected in the work book of the violator, but the employee of the personnel department makes a note about this fact in the personal card or personal file of the truant.

Upon dismissal, the work book indicates Art. 81.6 of the Labor Code of the Russian Federation, such a reason for terminating an employment relationship will create a lot of problems for a negligent employee when looking for work in the future.

The procedure for dismissal is similar to any other. Payment of due Money, compensation for unused vacation, the issuance of a work book in the hands of the employee.

If the employee has not returned to his workplace after absenteeism for an unexcused reason, then the last working day is the day when he was last at work.

Except documentation the fact of absence from the workplace, it is also necessary to comply with the deadlines for applying the penalty.

Terms of punishment for absenteeism and removal of disciplinary action

Any type of disciplinary punishment for absenteeism cannot be applied to a negligent employee if more than six months have passed since the moment of absenteeism (Labor Code of the Russian Federation, Art. 193). In addition, no more than a month must pass from the moment of discovery of the fact of absence from the workplace without a good reason. This period does not include sick leave or leave of the employee, as well as the time period in which, if necessary, the permission of the trade union to apply disciplinary liability is requested.

For one fact of absenteeism, only one type of punishment can be applied.

For example, you cannot reprimand a person and then fire him for a single instance of absenteeism.

A disciplinary sanction is removed one year after its imposition, if during this period the employee does not perform similar actions (Labor Code of the Russian Federation, Art. 194). This fact is taken into account when choosing measures to influence the employee when they repeat absenteeism. When more than a year has passed since the previous case of absence from the workplace, such an employee is considered punished for the first time.

If the employee has corrected himself and behaves in a disciplined manner, does not allow other violations in work, then the head has the right to withdraw the penalty earlier than the deadline established by law by order.

Complaint for absenteeism

In a situation where an employee does not agree with the fact of absenteeism or the correctness of the measure taken, he can appeal against the actions of the employer in court.

To do this, the first thing an employee needs to do is not to sign documents that record the facts of a violation.

The signature under the act of identified absenteeism, an order to apply a disciplinary sanction or deprivation of a bonus is a recognition of the misconduct itself.

In addition, in writing, the employee must state his point of view on the fact of absenteeism, backed up, if possible, with official documents confirming his location in another place and the impossibility of being present at work.

In addition, an employee cannot be fired for absenteeism if he has previously submitted applications to the employer for the suspension of work due to violations of labor laws or labor protection standards.

When the penalty is nevertheless imposed, the employee files a lawsuit with a demand to remove the remark or reprimand, or reinstatement in the workplace. If there are good reasons, the courts satisfy the requirements of the employee.

In order to avoid a situation with litigation, all documents on the fact of absenteeism must be properly executed, be sure to comply with the deadlines established for this.

The most common violation on the part of employees is being late or absenteeism (prolonged absence) from work. The consequences of such behavior of the employee are sanctions from the employer. In case of non-appearance for disrespectful reasons, an employee can be deprived of a bonus, a remark or a reprimand can be announced, and if the violation is systematic, even dismissed. Apply measures of influence or limit yourself to a simple conversation - such a decision is made by the direct employer of the employee, since the law does not oblige the company's management to punish the employee.

Dismissal for absenteeism is referred to as the most severe measure of disciplinary action allowed in the event of the absence of a worker from work for a long time. Further, taking into account the severity of the misconduct, there are: a reprimand to the employee and a financial penalty based on the system of fines developed in the organization.

Read more about absenteeism at work and the liability arising from it in our article.

The concept of "truancy" through the prism of the Labor Code of the Russian Federation

In accordance with the provisions of Article 81 of the Labor Code of the Russian Federation, absence from the workplace is recognized as absenteeism.

Absence from the workplace must be accompanied by the presence of the following factors:

• lack of valid reasons;
• duration of absence exceeding 4 hours or equal to the duration of the entire work shift.

Absence of a worker who applied for medical care who is on sick leave (due to the deterioration of his own health, illness of the child, caring for a disabled family member), participating in investigative actions (court session).

All of the above circumstances must be supported by supporting documents.

This can be a summons, a certificate of incapacity for work or a medical certificate. About what reasons for non-attendance at work can be recognized as valid.

The right to suspend work and, accordingly, not to go to work can be exercised by an employee who is not paid wages more than 15 days (Article 142 of the Labor Code of the Russian Federation). The employee must notify his employer of this intention in advance and in writing. Otherwise, when there is no documentary justification of the reasons, the worker may be threatened with dismissal due to absenteeism.

Article for absenteeism: application, jurisprudence

According to subparagraph "a" of the 6th paragraph of the 1st part of the 81st article of the Labor Code of the Russian Federation, absenteeism can act legal basis to terminate the contract with the worker.

At the same time, the law does not establish the mandatory conditions, the presence of which may allow the most severe disciplinary sanction to be applied to the employee, i.e., dismissal. For example, the repetition of such actions, the presence of outstanding penalties, etc.

It follows that dismissal under the article under consideration is allowed even despite the one-time occurrence of such a violation of labor discipline.

As for judicial practice, it is not uncommon for the court to recognize the restoration as illegal and require the restoration of the employee, since the employer did not take into account the severity of the misconduct, the employee’s previous behavior and attitude to the performance of labor duties.

On forced absenteeism and the measure of responsibility

Dismissal for absenteeism is not applied as a punishment if the absence of the worker is recognized as forced or admitted through the fault of the employer.

It could be:

• transfer of an employee to another position or illegal dismissal;
• deviation from the terms when concluding an employment contract;
• untimely execution or complete inaction of the employer associated with the implementation of a court decision regarding the reinstatement of an employee;
• incorrectly formulated reasons in the employee's work book about dismissal, preventing admission to a new job;
• belated submission (non-submission) of the work book after dismissal.

Reprimand for absenteeism (download)

Not always, as a measure of punishment, its highest degree is applied - dismissal. In some cases, the employer has the right to take into account the previous merits of the worker and confine himself to reprimanding the latter.

The procedure for reprimanding due to absenteeism and the procedure for its implementation will be similar to those used for dismissal (Article 193 of the Labor Code of the Russian Federation).

fines

Despite the fact that labor legislation does not consider fines as a punishment, it does not prohibit setting them as a punishment, based on the system of fines prescribed by the enterprise, applied to truants.

This type of punishment is possible only if there is information about it in the local act of the organization. Otherwise, the imposition of a fine will be considered illegal.

The labor legislation of the Russian Federation provides the employer with a number of tools for regulating relations with employees. One of them is the application of a disciplinary sanction - dismissal - for violation of labor discipline, namely absenteeism. However, the application of this sanction against an employee requires compliance with the procedural order and the legality of the grounds.

We all understand that dismissal "under the article" is not the most humane method.

But if an employee systematically violates the rules of internal labor regulations, he skips work. And all possible solutions, such as dismissal or, no longer help.

That leaves only 1 option - the dismissal of the employee for absenteeism. Today we will tell you how to do it correctly and legally.

What is a walk?

Important! It should be borne in mind that:

• Each case is unique and individual.
• Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

Sometimes the employer or employee interprets the concept of "truancy" in their own way. For some, this is a failure to appear at work without warning, for others being late, and someone believes that absenteeism is a refusal to do extracurricular work. To resolve disputes, you need to study what the law says. The legal definition of absenteeism is given in Art. 81 of the Labor Code of the Russian Federation.

Absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift) is considered absenteeism.

To qualify for absenteeism, the following conditions must be met:

• absence of 4 or more hours;
• disrespectful reason;
• month of misconduct.

Therefore, before dismissing an employee for absenteeism, it should be established that he was really absent from the workplace, correctly determine the period of his absence and the reason why the employee did not come to work, or left the workplace before the end of the shift.

What is absence from work?

The procedure for dismissal for absenteeism clearly regulates the condition - absence from the workplace. But what is considered a workplace? An office, company territory or a chair on which an employee sits while working?

IN this issue should first be studied job description and an employment contract with an employee, as well as a collective agreement, if any. Additionally, other local acts (orders, instructions, regulations) can be used that determine the “workplace” for a particular employee.

For example, in an instruction or order for a worker, it may be noted that his workplace is a specific number of a machine or workshop. In this case, absenteeism will be considered the time that the employee spent outside the workshop or not at the machine.

If there is a clear concept of what is considered a workplace, in local acts or labor agreement No, you need to be guided by Art. 209 of the Labor Code of the Russian Federation, which determines that the workplace is the territory where the employee needs to arrive to perform the assigned functions. That is, the entire territory of the company.

Time away from work

The law gives the employer the right to dismiss an employee for absenteeism if the employee was absent for 4 or more hours. It means that, if an absence of exactly 4 hours or less is recorded, then you cannot be fired for absenteeism. Yes, you can apply other disciplinary measures, such as a reprimand, but not dismissal. Having information on how to fire a person for absenteeism, employees sometimes use this four-hour period, which does not allow them to consider absenteeism as absenteeism.

How is time off work calculated?

Further, during the period of absence, the lunch break is not included. Reason - Art. 108 of the Labor Code of the Russian Federation, excluding the duration of the break from working time. Therefore, if, for example, an employee came to work at 14:20, but was supposed to be at 10:00, while the break is set from 13:00 to 14:00, then this act will not be considered absenteeism, since the employee was absent only 3 hours 20 minutes.

The Labor Code of the Russian Federation allows you to take into account and summarize all periods when the employee was not on site, but only within one shift or day, depending on established schedule. That is, you cannot sum up periods of absence over several days or shifts.

• 1 o'clock in the morning;
• 1 hour 10 minutes after lunch;
• 2 hours at the end of the shift.

Total for the whole day will be missed 4 hours 10 minutes. This can be qualified as absenteeism, subject to other procedural requirements.

Good reasons for absenteeism

The legislator for the current year 2020 does not define in any article of the Labor Code what are valid reasons for absenteeism. It is believed that this fact must be established within the framework of the proceedings, that is, separately in each individual case. In practice, a valid basis is one that did not arise at the will of the employee.

That is, they recognize as respectful:

• employee illness;
• illness (death) of a close relative;
• emergencies;
• road accidents or incidents;
• housing and communal accidents;
• other.

Of course, good reasons for absenteeism must be documented or otherwise confirmed, for example, by the testimony of witnesses. Documents must be certified general order. For example, get a medical certificate, a copy of the accident report.

The law also does not consider absence of an employee with the knowledge of the manager to be absenteeism. That is, if the employee "was asked for leave", then this is not absenteeism. But, as with other reasons, the fact of management permission must be proven.

Oral permission alone is not enough, because it will be impossible to prove it. In practice, the employer can take advantage of this "loophole". Therefore, it is important to know what is absenteeism without a good reason, absence from the workplace even with the permission of the manager, if there is no written confirmation of permission.

Step-by-step procedure for dismissal for absenteeism

The step-by-step instruction for dismissal for absenteeism provides for the following procedure for going through all the stages: from committing a misconduct - absenteeism - to the final entry in the work book.

It is important to comply with all procedural formalities in order to avoid judicial trial. After all, if the procedure for actions and paperwork is violated, then the dismissal can be declared illegal in court, the employee can be reinstated, and the employer is required to pay compensation.

So the procedure for how to properly dismiss an employee for absenteeism:

1. Document the fact of the commission of absenteeism. This can be done by composing the employee's absences. The act is drawn up in the presence of witnesses (2-3 people). It is also permissible if the immediate supervisor submits a report on the commission of a misconduct by subordinates to higher authorities.
2. . An explanatory note is drawn up only in writing. Oral explanations are not suitable. Deadline - 2 days.
3. Based on the results, either an internal investigation is closed, or an act is drawn up. Also, in the absence of explanations from the employee within 2 days, an appropriate one is drawn up (Article 193 of the Labor Code of the Russian Federation).
4. A decision is made to apply the penalty. The right to dismiss for absenteeism is not an obligation, that is, the employer may not dismiss the employee, but apply a different type of penalty.
5. A dismissal order is being prepared.
6. Familiarize the employee with the order.
7. Document the dismissal with an entry in the work book.

The nuances of actions during a long absence

Particular attention deserves the situation when a long absence is made. When dismissed for a long absence step-by-step instruction almost the same as with the usual, that is, discrepancies:

1. Fix the absence: compose , enter data into .
2. Compose about the need to appear and provide explanations.
3. Send a notice to an employee at a known postal address.
4. After receiving notification of delivery, wait 2 days + the period required for the delivery of correspondence.
5. In case of failure to provide explanations and confirmation of the fact of receipt of the notification, draw up an act.
6. Take action to find out the reasons for the absence if the notification has not been received. This step is optional, but recommended to avoid problems in a possible lawsuit after. You can make calls to the relatives of the employee, get their testimony.
7. Write about the activities carried out, recording the information received. Optional.
8. Design .
9. Draw up an act on the impossibility of familiarizing the employee with the order.
10. Enter information into work book.
11. Perform payment settlement.
12. Send a notice to the employee about the need to obtain a work book.

Due to the fact that the law establishes a period for disciplinary punishment of 1 month, it is necessary to carry out all actions as quickly as possible. Given that letters are returned to the sender after a month of storage, we recommend sending a telegram asking for clarification.

It would also be reasonable to draw up daily acts on the absence of an employee during the entire period of absenteeism, or fix this in another accessible way, for example, by making notes in the arrival and departure log, in order to follow the procedure for dismissal for absenteeism without a good reason.

Registration of procedural papers

The first document that needs to be prepared is confirmation of the fact of absence. The most common option is to draw up an act, although a report can also be used, based on the results of which an internal investigation is opened. After requesting an explanatory note, you must wait two business days. Immediately on the day of absenteeism, it is impossible to issue an order to dismiss a sample for absenteeism and terminate the employment contract.

As part of the investigation, it may be decided to carry out dismissal for absenteeism without good cause if the employee refused to provide an explanation why he was absent. Or he did not confirm the documented reason, even if he considers it valid. This should be documented.

date of dismissal

If there is a dismissal for absenteeism, then what day to dismiss? Difficult question. To make a decision, one must be guided by Art. 84.1 of the Labor Code of the Russian Federation. According to its content, the last working day of the employee is the date of his dismissal, if for other reasons there was no place for him. In the case of absenteeism, the last day when the employee worked is the day preceding the day of absenteeism, provided that a good reason has not been confirmed.

Therefore, if absenteeism was one-time and the employee subsequently appeared and gave explanations that were regarded as a disrespectful reason, the date of dismissal and the order of dismissal for absenteeism will correspond to the day the explanatory note was received. if absenteeism is of a long nature, the daily absences of the employee are confirmed by acts and time sheets, and explanations have not been received, then dismissal is allowed on the last working day. However, there will be no violation and dismissal, dated the day the final act was drawn up on the lack of explanations.

Registration of a work book

Entering data into the work book is the final stage of dismissal. If you don’t know or are not sure under which article they are dismissed for absenteeism, then article 81 of the Labor Code of the Russian Federation regulates dismissal for absenteeism. Information is entered into the employee's work book on the basis of an order. The registration data of the order itself is written in the column "Name and date of the document". Sample entry in the labor on dismissal for absenteeism:

First, the number of the serial record is indicated, the deadline is not missed. Next, the date of entering information is prescribed, which must coincide with the date of dismissal and the issuance of the order. It is further indicated in words in labor record about dismissal for absenteeism (). After the signature and title of the position is affixed responsible person. The record is certified by the seal of the company.

Sometimes the employer may terminate the contract and dismiss not for absenteeism, but if the employee is recognized as dead or missing. This requires a court decision (here in detail about), fixing this fact. The employer can initiate the process himself, or the claim will file another interested party e.g. a relative.

The workbook entry will look like this:

Special cases of dismissal for absenteeism

Not every absence from work is regarded as absenteeism, even if it has almost all the signs. For example, it will not be considered absenteeism if the employee does not wish to go to work on a non-working day for himself. However, there are exceptions to this rule, the same as for recall from vacation. It is permissible to involve employees in work on a day off if this is required for recovery after accidents or emergencies.

Dismissal and sick leave

It is unacceptable to carry out a dismissal if an employee is ill. If the employee was hastily fired for absenteeism, and he brought sick leave in the form of an explanation of the reason, then such an employee must be reinstated, since the dismissal is unlawful. However, if the fact of hiding the disease and the presence of sick leave was established, then during the trial the court may take the side of the employer, believing that the employee is abusing his rights and infringing on the rights of the employer (Resolution of the Supreme Court of the Russian Federation).

In the lawsuits, citizens explain the situation as follows: “I was fired for absenteeism while I was on sick leave.” As proof, they provide a certificate of incapacity for work. This is not enough, it is necessary to prove that the employer was notified that the employee fell ill. Moreover, a citizen may be denied satisfaction of the claim if he refused to give explanations. Of course, if he could do it for objective reasons.

Can a pregnant woman be fired for absenteeism?

Employers are often willing to fire a woman in position. Especially if she makes mistakes. However, the question is: "How to fire a pregnant woman for absenteeism?" - has a simple answer: "No way."

The Labor Code expressly prohibits any grounds for terminating an agreement with a pregnant woman at the initiative of the employer, except for the complete liquidation of the organization (Article 261 of the Labor Code of the Russian Federation). Can a pregnant woman be fired under the article if she has committed a misdemeanor? Yes, but only on the basis of Art. 336 of the Labor Code of the Russian Federation, which regulates the application of sanctions to employees of educational institutions.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

Valid reasons for absenteeismare not clearly defined by law. Therefore, the question posed in the title of the article is asked at least once in a lifetime by every working person. Let's try to find the answer.

What is a stroll

You can't go to work without a good reason. Every worker knows this. Absence from work is fraught with: at least - an explanation with the authorities, as a maximum - dismissal for absenteeism "under the article." Absenteeism, the Labor Code of the Russian Federation tells us (Article 81, Part 1, Clause 6, Sub-Item “a”), is the absence from the workplace without good reason for more than 4 hours in a row. However, if in your employment contract a specific workplace is not specified, then it is impossible to consider that you are truant, being not where you usually work, but on the territory of the organization.

Dismissal for absenteeism must be preceded by a written explanation of the employee. If the employer considers the reasons for absence from the workplace indicated by the employee to be disrespectful, then he may be fired. If the latter does not agree with such a dismissal, he can go to court. The court will decide whether the reasons for the absence from work were valid or not. So, whether there was absenteeism on the part of the employee or not.

The snag is that the law does not contain a clear list of valid reasons for absence from work. An analysis of labor legislation allows us to single out several groups of such reasons.

Subjective good reasons

Subjective reasons are inextricably linked with the personality of the employee.

First of all, it is a disease. In this case, the evidence of a justified absence from the workplace will be:

• a certificate from a doctor about a visit;
• an entry in the outpatient card on admission;
• sick leave.

Periodic medical examinations of certain categories of workers (Article 213 of the Labor Code of the Russian Federation) are a good reason. A valid reason is the illness of the child. Here everything is exactly the same as with the illness of an adult, only the sick leave will be issued not in an adult, but in a children's clinic.

An employee cannot be dismissed for absence from the workplace in connection with participation in a court session as a plaintiff, juror, witness, victim, defendant in a case. The same applies to non-attendance at work due to being in the investigating authorities in order to participate in investigative actions. The supporting document in this case is a subpoena to the court or to the investigator (interrogating officer). The same category of valid reasons includes calls to the police, work as a member of the election commission.

Justified is the absence from work in connection with the elimination of any communal accident at the place of residence of the employee. However, scheduled inspections of housing and communal organizations are not a sufficient reason for absenteeism.

Don't know your rights?

Objective good reasons

Objective reasons that make it impossible to appear at work are circumstances of various force majeure. It can be weather conditions, and emergency situations on the road, and man-made accidents or disasters, and military operations.

If the employer in these cases does not agree that the absence from work occurred due to circumstances beyond the control of the employee, and the case comes to dismissal, then, as an analysis of judicial practice in such cases shows, the reinstatement case will most likely be considered in benefit of the employee.

With a trip to court, the main thing is not to delay. Labor legislation gives a month to file a claim for reinstatement in court (Article 392 of the Labor Code of the Russian Federation).

Valid reasons for the application

There are a number of circumstances under which an employee has the right not to come to work. But the employer should be aware of this. Therefore, the employee must write an application for granting him days off.

In accordance with article 128 of the Labor Code of the Russian Federation on