If the employee has been absent. It is impossible to dismiss an employee for absenteeism during illness

To dismiss an employee on such a basis, the employer must follow the procedure for dismissal for absenteeism. Otherwise, the employee can challenge the dismissal in court.

Absenteeism is one of the grounds for termination employment contract at the initiative of the employer. This is stated in paras. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation. When dismissing on such a basis, the personnel officer and the employer must observe some subtleties that will make the dismissal legal.

The procedure for dismissal of an employee for absenteeism

First of all, the employer must establish whether the employee has committed absenteeism. The definition of absenteeism is given in the Labor Code of the Russian Federation. This is absence from work without good reason, that is:

• the absence of an employee at his workplace during the whole working day. In this case, the duration of the shift or the working day does not matter;
• the absence of an employee for 4 hours in a row at his workplace without good reason;
• the absence of an employee who has concluded an employment contract for an indefinite period at his workplace without notifying the employer that he wants to terminate the employment contract;
• the absence of an employee at the workplace after writing a letter of resignation, without having worked the prescribed 2 weeks. At the same time, the employee is not a “beneficiary” and must work out this period;
• the absence of an employee who has concluded a fixed-term employment contract at his workplace before the expiration of this contract and without warning of its termination;
• unauthorized use of time off or unauthorized leave. Unauthorized is the use of time off and leave without warning the employer and without writing the relevant document.

From determining whether the absence of an employee at the workplace was absenteeism, the procedure for dismissal for absenteeism begins in accordance with the law.

Dismissal for absenteeism is a disciplinary sanction. Therefore, the requirements of Art. 193 of the Labor Code of the Russian Federation. According to this article, the employer must draw up an act in which the violation will be recorded. The act must be signed by the head of the structural unit, as well as 2 witnesses.

After drawing up the act, the head of the structural unit must demand written explanations from the employee. If the employee refuses to give them, you must again draw up an act signed by the head of the structural unit and two other witnesses.

Then these papers are presented to the employer, who decides whether to apply a disciplinary sanction to this employee. If the employer decides to terminate the employment contract with this employee, then he must issue an order to this effect.

The employee must also read the order and sign it. If he does not want to do this, then you need to draw up an act again.

On the day of dismissal, the employer must pay the employee in full. He must pay him:

• wages for those work shifts (days) that the employee worked in the month of dismissal;
• compensation for unscheduled vacation.

There is no mention of severance pay.

The employer should not rush, and immediately recognize the absence of the employee at the workplace, absenteeism, and even more so, file a dismissal on such a basis. First you need to wait for the employee and demand an explanation from him. Perhaps he was on sick leave, and could not warn the employer in any way.

To do this, you need to make every effort to find an employee. You need to send a letter to his home address, asking him to explain the reasons for the absence. If this does not work, then you can write a statement to the police on the wanted list.

Labor activity in Russia has great amount features and nuances. All citizens are not only workers, but also simple people. Therefore, employers have a variety of questions in the course of their activities. For example, today we have to find out if they can be fired for absenteeism. What is needed for this? In fact, the topic under study is extremely serious. It occurs quite frequently in practice. However, employers and subordinates have different views on this kind of situation. What does Russian labor law say? How to terminate an employment relationship with a truant? The answers to all these questions will be found below. If you understand it well, then no problems and disputes will arise.

Controversy

Can they get fired for absenteeism? As already mentioned, the answer to the question posed cannot be called unambiguous. Some say that they can get fired for being absent from work. Some people say otherwise. But who is right?

It all depends on the circumstances and the specific situation. The Labor Code of the Russian Federation is a set of laws governing the relationship between a superior and subordinates. It was created in order to resolve controversial issues. The rights of workers are protected by the Labor Code.

In general, a citizen can really be fired for being absent from work. But under certain circumstances. The topic will be discussed in more detail below.

The legislative framework

Can they get fired for absenteeism? It all depends on why the citizen did not show up for work. As already mentioned, termination labor relations at the initiative of the employer due to the absence of a subordinate at work is possible. But not in all cases.

The Labor Code of the Russian Federation indicates that the boss can dismiss a person who, without good reason absent from work for a long time. This right is established by Article 81. Accordingly, in order not to be afraid of dismissal, it is necessary to fulfill the signed employment contract all the time.

However, sometimes circumstances are stronger than a person's will. Therefore, it is not always possible to fire for absenteeism. Article 81 Labor Code allows you to terminate the relationship between the employee and the boss only in the absence of good reasons. In addition, it is important to establish that it was absenteeism, and not being late. This is extremely important.

Definition of absenteeism

But how exactly? What is a walk? Without a valid reason, a citizen is absent from work for more than 4 hours in a row. It is this behavior in modern Russian legislation that is interpreted as truancy. How does the Labor Code qualify absenteeism?

It follows that if the employee had good reasons, then skipping a working day or a long absence from work is not grounds for dismissal.

The main problem is to establish respect. The Labor Code of the Russian Federation does not have any clear instructions as to which cases are considered a valid absence from work. Therefore, each absenteeism is considered separately. This is normal.

good reasons

Can they get fired for absenteeism? Yes, if it has been proven. In other situations, missing work will not be grounds for termination of employment. So you don't have to worry.

As already mentioned, the legislation of the Russian Federation does not indicate cases in which absence from work is considered valid. However, in practice, you can more or less decide when absenteeism is such.

The most common reasons for being absent from work include:

• disability of a citizen, documented;
• stay in state or public works;
• passing a medical examination;
• donation of blood and its components;
• detention;
• participation in rallies and strikes;
• emergency situations that interfere with normal work (for example, the cancellation of a flight or a bus breakdown);
• delayed salary for more than 15 days.

The main thing is that a citizen can somehow confirm the existence of certain situations. Absenteeism without a good reason, according to the law, can indeed be punishable by dismissal. But isolated cases, as a rule, are not so dangerous for a subordinate.

Bad reasons

Life is unpredictable. Therefore, it is not always easy to decide whether they can be fired for absenteeism. Often the correct answer will be given by the judiciary. After all, employers and subordinates are not always able to resolve such a controversial issue themselves.

Good reasons for being away from work for a long time have already been listed. Now we should pay attention to disrespectful cases. What do they include?

To date, the following circumstances are disrespectful reasons for absenteeism:

• passing a medical examination without a sick leave;
• time off for days worked in the absence of their official registration;
• applying for parental leave if the issue of such a situation has not been resolved in advance;
• finding a husband / wife in a hospital.

It follows that even if the spouse needs help during their stay in the hospital, they will have to work and fulfill the terms of the employment contract. After all, absence from work in this situation will be a reason for termination of employment.

Disciplinary sanctions

Accordingly, the most difficult decision is to determine the validity of the reason for the absence from work. Every citizen must report to the chief about his behavior. This is a legal practice.

If an employee missed a working day, an explanatory note for absenteeism is written. The employer has the right to demand such a document in writing. You have 2 days to report. If the subordinate did not write an explanatory note, the employer draws up an appropriate act.

In addition, the boss has the right to terminate relations with a negligent subordinate when the latter refuses to explain himself and does not provide evidence of a good reason for absence from work. In this case, a disciplinary sanction is applied no later than one month from the moment the absenteeism was discovered.

Can they get fired for absenteeism? As soon as the citizen has reported on his behavior, the employer must examine all the documents offered to attention, after which a decision is made on how respectful this or that situation is. A subordinate who disagrees with the outcome may apply to the court for an appeal. If the employer decides to dismiss the employee, but the judicial authorities establish a good reason for the absence labor day, you will have to reinstate the subordinate in office. Such situations are not uncommon. Therefore, each employer will have to think in advance how to dismiss for absenteeism. It is important to carry out such an operation in compliance with all its features.

But disciplinary sanctions, as a rule, are calculated by the employer on their own. It is important to take into account the previous behavior of each subordinate. So, for example, a conscientious cadre can get off with a small fine or a warning, and a negligent subordinate - with high penalties.

Legal dismissal

Now a little about when exactly absenteeism will be considered as such. Good and bad reasons for being absent from work have already been presented. To make it easier for employers to navigate, it is necessary to pay attention to some specific cases.

How to get fired for absenteeism? It is necessary that the absence from the workplace is characterized by one of the following layouts:

• a citizen is not working all day (regardless of the duration of the shift);
• a person is absent from the place of work for more than 4 hours in a row without good reason;
• the employee has entered into an employment contract, but at the same time he has not been there for a long time (lack of notification of the intention to dismiss);
• the subordinate does not work after filing an application for termination of labor relations with the employer (according to the law, working off is 14 days);
• unauthorized leave or use of time off.

All this is the basis for dismissal "under the article." Such circumstances are not subject to appeal in court.

Procedure

Can they get fired for one absence? In practice, such a solution is extremely rare. After all, the boss will still have to follow the standard procedure for terminating an employment relationship with a subordinate.

How do you get fired for absenteeism? Need:

1. Establish the fact of the absence of a citizen at the workplace.
2. Demand an explanation from a negligent subordinate. 2 days are allotted for clarification of the situation.
3. If the citizen refused explanations, a special act is drawn up. It is signed by the authorities. Once the person has described the situation, it needs to be established how respectful the absence from work is.
4. As a result of the decision, either the employer issues a dismissal, or applies a disciplinary sanction and continues the employment relationship.

It should be noted that upon dismissal, the boss is obliged to make a full settlement with the citizen. More precisely, you will have to pay for the time worked by subordinates. In addition, the employee is entitled to compensation for unused vacation.

Going to court

As already mentioned, every person who does not agree with the dismissal for absenteeism can appeal this or that decision in court. Only the judiciary will 100% say which situations are considered valid for absence from work.

Judicial practice demonstrates that in Russia employers try to fire anyone for any absence from work. However, this step is not always legal. And "savvy" subordinates will always be able to be reinstated at their former place of work.

Litigation is not to be feared. The main thing is to provide evidence that the absence of a working day had a good reason. The court always examines all the documents attached to the claim, on the basis of which it makes a decision.

Single Violation

Can they get fired for one absence? The answer is not as easy as it seems. It all depends on the integrity of the employee.

From the point of view of legislation, dismissal for a single absenteeism takes place. In practice, it occurs only when either the boss does not treat the subordinate too well, or the staff does not work well. Most often, a single absenteeism entails a disciplinary sanction, a warning and is limited to an explanatory note. This is the most common occurrence.

Results

Now the good reasons for absenteeism are clear. In addition, it is now clear whether they can be fired for being absent from work for a certain period of time.

Despite all of the above, the situation with absenteeism and termination of employment still remains rather ambiguous. Each case must be considered on an individual basis. If it turns out that there is a good reason for absenteeism, there is nothing to be afraid of.

According to the Decree of the Plenum of the Supreme Court of February 17, 2004 No. 2, absenteeism is recognized:

• absence from work (outside the workplace) without good reason for more than 4 hours in a row during the working day;
• unauthorized use of rest days;
• voluntary leave.

A normal and responsible employee will always warn the employer if something happens to him and he does not go to work. But if he disappeared and phone calls does not answer, he is probably truant. We will analyze the procedure for issuing dismissal for absenteeism.

Step 1. We fix the fact of absence

An act is drawn up in free form in the presence of two witnesses.

Sample act of absence of an employee from the workplace

Sample form of the act of absence of an employee at the workplace

On the first day of such acts, at least two must be done. The first - before lunch, the second - before the end of the working day. In the following days (no more than three), one act is drawn up for each day of absence. If the employee never showed up, the employer continues to draw up one act per week until the person actually appears at work or decides to send him questions about the reasons for the absence by mail. Upon dismissal, this act will serve as one of the supporting documents.

Step 2. We note the absence in the time sheet

Before the employee goes to work and explains the reasons for his absence, it is necessary to put down the codes in: HH code (absence for an unexplained reason). It is impossible to put the PR code (absenteeism) until the moment of providing written explanations (or an act of refusal to provide explanations), the court may subsequently recognize such a position as biased, and dismissal - illegal.

Sample recording absenteeism in the time sheet

Before receiving a written explanation

After receiving a written explanation

Step 3. We inform the management of the company

On the first day of the absence of an employee, his manager must inform the general director about this. This message is issued in the form of a memo, in which:

• the situation is briefly described (the employee did not appear at work and does not get in touch);
• contains a proposal to obtain written explanations from the employee, followed by a decision to involve him in disciplinary responsibility including layoffs.

Sample memorandum on employee absenteeism

Step 4. Ask questions

If the employee does not show up long time, does not answer phone calls, the employer has the opportunity to send him questions about the reasons for his absence by mail. AT this case an official letter is drawn up on the letterhead of the organization with the requirement to explain the reasons for the absence. This letter must be signed CEO. The letter is sent with a description of the attachment (for subsequent presentation to the court with a receipt for payment of the postage).

The letter must indicate the deadline by which the employee must provide his explanations. This period must be reasonable, for example 15 calendar days, and include the time:

• postal forwarding to the addressee;
• the actual writing of the explanation;
• return postage.

As noted Vladislav Varshavsky, Managing Partner at Varshavsky & Partners Law Firm, the employee must be required to explain the reasons for absence from work, since the employee's right to provide explanations is provided for by law. Otherwise, the decision of the employer to dismiss the subordinate for absenteeism may be recognized by the court as unreasonable. As an example, the lawyer cited Ruling of the Moscow City Court No. 4g/7-8964/18 dated July 30, 2018, from which the following conclusion can be drawn: the employer did not provide the employee with the opportunity to explain the reasons for absence from the workplace, which means that he significantly violated the procedure for dismissal due to own initiative. On this basis, the dismissal was declared illegal, and the employer had to reinstate the employee in his position, pay him average earnings for the period of forced absenteeism and compensate for moral damage.

If after a reasonable time there is no answer or the letter is returned due to the expiration of its storage period, it is necessary to draw up an act of refusal to provide explanations. It is he who may be needed to justify the subsequent dismissal in court.

Sample act of refusal to provide written explanations

Sample letter with questions about the reasons for absenteeism

If the employee appeared at work and did not provide supporting documents, on the same day he must be given questions about the reasons for his absence. He has two working days to write his explanation. If after this time no explanations are provided, on the third day an act of refusal to provide written explanations is drawn up. If substantive explanations are provided, proceed to the next step.

Step 5. Assess the validity of the reason for the absence

(if there is an act of refusal, this step can be skipped)

If the management decided to dismiss the perpetrator, the order is issued in the unified form T-8. Registration of dismissal for absenteeism is carried out according to article 81 of the Labor Code of the Russian Federation.

Sample letter of dismissal for absenteeism

Step 8. We introduce the employee to the order

The employee must be familiarized with or applied to him a disciplinary sanction (no matter what it will be - a reprimand or dismissal) within three working days from the date of its publication (not counting the time the employee was absent from work). If he refuses to familiarize himself with the order, an act is drawn up in an arbitrary form in the presence of two witnesses.

Step 9. Fill out a work book

Sample entry in the work book upon dismissal for absenteeism

Step 10. Issue a work book

On the last working day, the employee must be paid all the cash payments due to him, as well as. For its receipt, the recipient signs in.

If he refuses, we draw up an act in any form in the presence of two witnesses.

If a person is actually absent on the day of his dismissal (the last day of his work), the employee of the personnel department on this day is obliged to send a notification about the need to appear for his work book or agree to be sent by mail.

If the person did not come and did not provide consent, the employer is obliged to keep such work book for 75 years.

Express your opinion about the article or ask the experts a question to get an answer

It is not difficult to dismiss an employee for absenteeism - it is enough to draw up an act, recognize the reason for not showing up for work as disrespectful and draw up an appropriate order. Problems may start after. What if the former employee goes to court and proves that you made some procedural mistake when terminating the employment contract? To avoid such troubles, it is necessary 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 a walk?

Absenteeism is the absence of an employee from the workplace during the entire working day or for 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 contain even an approximate list of reasons for a person's absence from work, which should be considered valid. Of course, this omission regularly leads to conflicts between employees and employers.

Theoretically, it is the employer who must determine and prove that the reason for the absence was disrespectful. However, this cannot be done only in accordance with personal convictions - one should also rely on judicial practice. If a dissatisfied employee goes to court and proves that he was fired not quite justifiably, you will have to reinstate the truant in the state. By the way, violation of the procedural order (incorrect filling of acts, violation of deadlines, etc.) can also become a reason for canceling the dismissal order.

In what case can you be fired for absenteeism?

Dismissal will be legal only if four conditions are met:

• the employee did not show up for work all 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 workplace not officially assigned to the employee (in the employment contract), but he was somewhere on the territory of the company - he cannot be recognized as a truant;
• if the employee objective reasons could not warn the authorities about his absence, one cannot consider the reason for his absence as a priori disrespectful.

In what cases can not be dismissed for absenteeism?

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

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

In all these cases, the employee must provide a supporting document. The following papers are considered as evidence:

• disability certificate (" sick leave»);
• certificate from medical institution(for example, in the case of blood donation);
• subpoena or order for arrest or detention;
• certificate from the transport organization;
• etc.

Be sure to find out the true reason for the absence of the employee. It's no secret that almost any certificate can be bought. 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 dismissal of an employee for absenteeism

The dismissal procedure can be conditionally divided into three stages:

• documenting the absence of an employee at work;
• clarification of the reasons for the absence;
• making a decision and issuing a dismissal order.

It is possible to make a procedural error at any of these stages, and after all, every minor violation can cost the company dearly! Do not forget that an employee who is outraged by an unreasonable - in his opinion - dismissal has the right to go to court. If he also uses the services of a good lawyer, the case will certainly not turn out in your favor. Even if there are all grounds for dismissal, a minor formal error (for example, when drawing up an act of non-appearance) often becomes a reason for canceling an order. So pay attention Special attention the rules and guidelines below.

Act preparation

A correctly drawn up act is the main evidence of a violation by an employee of labor legislation. The act has the following structure:

• title (act of absence from work, absenteeism, absence from the workplace - acceptable different variants names);
• date, place and time of compilation;
• Full name of the official who draws up the act (such a person can be either the head of the company or the head of the structural unit);
• Full name of the employee who did not go to work;
• the circumstances of the employee's absence (this part should be filled out as detailed as possible, indicating the exact time of absence and the actions taken by the employer - attempts to get through to the truant, to contact him in any other way);
• date and duration of the employee's absence (indicating the exact time, "minute per minute");
• date of drawing up the act and the signature of the head (for greater certainty, you can ask witnesses to sign - for example, colleagues of the truant).

It is advisable to draw up an act on the same day, without postponing “for tomorrow”.

Finding out the reasons for the absence of an employee

Before signing an order to dismiss an employee for absenteeism under the article, you need to demand an explanatory note from him. At this stage, it is important to document each action, so it is better to send the request for an explanatory note to the employee in writing (even if in the end he still came to work). Put a signature on the demand and make sure that the employee signs for receiving it. If the request has to be sent by mail, in no case do not throw away the postal receipt.

After requesting explanations for non-attendance, you should wait two days. By the way, this rule acts even if the employee refuses to "testify" immediately - what if he changes his mind? If, after two days, the answer does not come, you can proceed to the final stage and draw up an order.

Suppose that the employee nevertheless provided an explanatory note. There are three options here:

1. The reason for the absence indicated by the employee can be classified as a valid one, and the arguments set forth are documented. In this case, the person cannot be fired.
2. The truant is clearly composing: the explanations are unconvincing, but there is no evidence. Feel free to write orders.
3. 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 honey. institutions, but certainly "fake". How to be an employer? It is impossible to give an unambiguous answer to this question. Try to assess the situation as a whole, taking into account all the possible motives of the employee, his previous behavior, attitude to his duties and the work process in general. Do not forget - the law provides the right to draw a conclusion and make a decision for you.

Dismissal order

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

• not earlier than two days from the date of sending the request to the truant to provide explanatory note;
• no later than 30 days from the date of absence.

The structure of the order in the form No. T-8:

• title;
• date, place of compilation;
• grounds for publication (act of absenteeism, details of reports and explanatory notes, etc.);
• Name and position of the employee;
• detailed description misconduct;
• 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 familiarize himself with the order and confirm with his signature that he is aware of its content. If he refuses to do this, another act will have to be drawn up. After that, you should make an entry about the dismissal in the work book of a negligent specialist and send him for this book to the accounting department. This completes the dismissal process.

The main mistakes made by employers

As mentioned earlier, any procedural violation may be the basis for appealing the dismissal order. What mistakes are made by employers most often?

1. Often, an act of absenteeism 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 make a deed.
2. Serious shortcomings in the execution of the act - first of all, the 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 exact time- “the employee was absent from 8.00 to 14.18”, “the act was drawn up at 14.58”.
3. Inconsistency of the actual circumstances with the data contained in the act. Sometimes it happens that an employee infuriates the employer with his impudence. In order to get rid of the truant, the employer artificially aggravates the situation - for example, he writes in the act and order that the employee appeared only the next day and insulted him in obscene language. If it turns out in court that everything was a little wrong, the boss will have to bear responsibility for such “attacks”.
4. Dismissal of an employee without requesting an explanatory note from him.
5. Violation of the deadlines for issuing an order, dismissal of an employee for absenteeism without a corresponding entry in the labor.

Even if you have undeniable 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 allow at least one of the listed violations.

Labor, discipline, legality

Unfortunately, the process of dismissal does not always go smoothly. Even by following the rules and recommendations outlined in this article, you can only minimize the risks, but not eliminate them. The laziest worker 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.

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

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Legal basis

Based on this provision, the employer may terminate the employment contract with his employee unilaterally.

The current edition is federal law dated 06/30/06. But not for every absenteeism, an officially employed worker can be fired.

This requires a match a large number various factors:

• the employee was absent from his place the whole day - even if work 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 at 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;
• absence has been proven.

A good cause is any situation that prevents an employee from arriving at their workplace on time. For example:

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

It is only important that there is appropriate documentary evidence of the presence of insurmountable circumstances.

It could be sick leave or something else. At the same time, if the employee could not warn the management about his absence in advance or on time, this is not a reason for imposing a disciplinary sanction.

To form an appropriate dismissal order for absenteeism, it is necessary to have documentary justification.

All claims that are grounds for dismissal must be in without fail substantiated and proven, fixed. At the same time, the procedure for bringing an employee to disciplinary responsibility must be followed without fail.

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

• it is not required to issue two documents (about disciplinary action and on dismissal) - the order itself is enough;
• to form the document in question is used unified form.

At the same time, various memorandums, as well as other documents confirming the fact of absenteeism, are indicated as the basis. If the employment contract with the employee is terminated in this way, then a corresponding entry in the work book is made without fail.

In the event of any dispute between the employee and the employer, it is necessary to focus on the following documents:

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

Effects

Dismissal for absenteeism entails quite serious consequences. That is why it is worth avoiding this, since subsequently it will be quite difficult to get a job - a corresponding entry is made in the work book: p.p. "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 by the employee of labor duties.”

Almost always, the employer closely studies the work book of his potential employee.

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

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

But in this case, the employer has the right to threaten with dismissal only if there is no schedule. That is also a serious violation and a fairly serious fine is required for this.

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 is always various ways get out of a difficult situation if the employer has grounds to dismiss 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 a disciplinary procedure.

According to Article No. 193 of the Labor Code of the Russian Federation, the employee is obliged to provide the personnel 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 form an appropriate explanatory note.

At the same time, it is necessary to put an appropriate mark with your employer - so that later the employee of the personnel department does not have the right to draw up an appropriate act on the failure to submit an explanatory note.

In this way, you can win two whole days. During this time, you must do the following:

• write an application for own will;
• urgently "get sick" and take a sick leave or go to 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 dismissal procedure for absenteeism. Almost always with the leadership you can find some kind of compromise.

The second way is to take a sick leave. Of course, there is no need to fake anything. Since forgery of a sheet confirming incapacity for work provides for serious punishment 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.

It will be necessary simply to designate it as a day of absenteeism. In this case, the employer will not have the right to dismiss for absenteeism or impose any penalty.

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

But it should be remembered that the employer must be notified of the fact of use next day 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.

Using the last way you must do the following (if dismissal is unavoidable):

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

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

A two-week period is necessary due to the mandatory prior notice to the employer of dismissal of one's own free will.

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

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

If, for some reason, the employee does not want to visit the former place of work, you can get this document mail.

When dismissal is unavoidable, it is best to use one of the above schemes. This will prevent the appearance of a record in the labor of dismissal for absenteeism.

Features of employment after dismissal

At a new place of work, they are always interested in the track record and carefully look through the work book. That is why very often there are problems in the subsequent employment.

In such situations, it is necessary to explain to the new employer the reason for such a record, to find a rational and convenient explanation.

It's easier to say that they couldn't find mutual language with the former boss, and he thus decided to take revenge.