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Dismissal due to absenteeism. Compensation and financial payments. If the employee refuses to provide explanations, an act must be drawn up

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

But what actually is absenteeism, how is dismissal for absenteeism carried out, and what should the parties to an employment relationship do in case of absenteeism?

Absenteeism is the absence of a worker in his place for four or more hours without good reason.

If we analyze the Labor Code of Russia, we can understand the main features:

1. The absence of a worker in his place for over 4 hours or more (including also the fact that he disappeared for a whole day).
2. The presence of proven guilt of the employee who skipped work.
3. Violation of the rules and regulations issued by the Law on Labor Relations. We are talking about violations of the working time regulations or the rules established by the company for an employee to stay at the workplace during working hours.
4. The employer personally verified all the circumstances of the violation of labor discipline committed by the employee, 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 points). In other words, absenteeism is absence from the workplace, and nothing more. It is divided only into types according to the number and duration.

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

Types of absenteeism

When dismissed for absenteeism, in step-by-step instructions for dismissal, it is written about 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 the absence, or has the opportunity to communicate with him via telephone or Internet.
2. Repeated. This category indicates the repeated absence of a worker for workplace. Usually we are talking that the employee missed work more than 2-3 times a year.
3. Long. We are talking about not attending the workplace for several days, weeks or even months, and no good reasons there is no absence, as well as communication with the employee.

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

If management knows about the absence of a worker for 4 hours or more, it has every right to apply disciplinary sanctions to its worker.

According to Article 192 of the Labor Code of Russia, a sanction will arise in cases where an employee improperly performs the duties stipulated in the contract.

Reasons and procedure

A respectful reason

It should be remembered that not every absence of a person at work can be a no-show. Eat whole line circumstances (force majeure, vital), which can be officially recognized as valid. Such cannot be attributed to the absence on the spot.

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

1. Appeal of a citizen for help to medical institutions due to a deterioration in well-being, accompanying the victim, providing primary care, issuing a sick leave or caring for a child.
2. Passage of vaccination, examination, examination.
3. Participation in state 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, delay of vehicles).
7. Circumstances that do not depend on a person in any way (cataclysms, floods, landslides).

What can be evidence of good cause?

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

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

Types of penalties

There are several types of sanctions in the current Labor Code.

The main types of charges include:

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

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

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

When can you be fired?

The duty of the manager is to prove that the reason for the absence of the employee is not valid, and he has the right to carry out the dismissal process in accordance with the accepted procedure. Otherwise, the employee may refute the order or go to court.

The main signs that it was absenteeism

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

The main signs that this is not absenteeism

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

Instructions for dismissal

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

1. Checking the documentation and the fact of absence.
2. Finding out the reasons for the absence from the place of work.
3. Decision and order on the appointment of penalties.

At each of these stages, any, even minor, inaccuracies or errors can lead to 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 of the stages of dismissal for absenteeism.

The first thing to do is to issue an act of non-appearance of 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 may be a document such as an act of a walk, absence on the spot). Officially allowed various options document title.
2. Date and address of compilation.
3. Full name of the person who draws up the act (most often this is the head or immediate supervisor).
4. Name of the person suspected of failing to appear.
5. All possible circumstances of perfect absenteeism (this may be a period of time during which the worker was absent, the actions of the manager).
6. Date of drawing up the act with the signatures of witnesses and participants in the act.

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

Dates and periods of dismissal

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

Important point! The order cannot be issued earlier than the date the employee provides an explanation, act or reason for his absence from the place. Also, the order cannot be issued later than month from the day of absence.

It is also impossible to draw up documents retroactively, as they must fully reflect the dates of publication. The only exception may be a long absence of an employee under unexplained circumstances. The date of dismissal for non-attendance is the date of the last working day if the employer decided 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 the termination of the relationship under the contract, the employer must make payments according to the calculation. What can an employee get in this case:

1. Calculated for each hour worked.
2. Compensation for each day of vacation not used.
3. Paid sick leave before retirement.
4. Compensation for all travel, including also business, financial expenses that were not made before the day when it was decided to dismiss the employee.

Nuances for different categories

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

1. Pregnant women.
2. Single mothers with children under 14.
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! The dismissal of part-time employees, as well as young specialized workers, occurs in accordance with general grounds. The same applies to those who work for government positions and to those who are in the military.

In the event that the employee has not forgotten to notify the direct employer in writing of the refusal of additional work 3 days in advance, this will not qualify as absenteeism.

Conclusion

The dismissal of a working citizen due to absenteeism is a very unpleasant procedure that can ruin relations between the parties to an employment relationship, so it is important to know how to properly dismiss an employee. Also, dismissal due to absenteeism can result in difficulties in the process of job search in the future. However, you should not worry about this - it is enough to draw the right conclusions in time so as not to repeat the mistakes made earlier.

It is also important for the parties to be aware of the responsibility upon dismissal 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 defend his rights during court proceedings.

In the article:

Labor Code Russian Federation article number 81 defines absenteeism as a deliberate violation of labor discipline by an employee, let's figure out step by step how to dismiss for absenteeism. IN this case, a violation is the absence from work for more than four hours in a row. In the event that an employee leaves the workplace without warning the manager and without notification of the termination of employment obligations, this is also classified as absenteeism.

The main problem that causes constant clashes of interests between the employer and the employee is that article 81 of the Labor Code of the Russian Federation does not list all possible reasons for which an employee may be legally absent from the workplace.

In what cases can an employee be fired for absenteeism

The fact that the reason for absenteeism is not valid, it is the leader who must prove. Moreover, the latter must carry out the dismissal procedure in strict accordance with the accepted procedure, otherwise the employee, by contacting judiciary, will easily refute this order.

In order for dismissal for absenteeism to be legal, the following points must be observed:

• The employee must miss his entire work shift (even if it lasts two or three hours) or more than 4 hours of work time;
• The employee must be absent from his official workplace;
• Absenteeism must be done for an unexcused reason;
• Official evidence of absenteeism must be issued.

Truancy will not be officially recognized:

• When an employee is absent from the workplace for less than four hours;
• When the employee does not have a personal workplace, and he was in any other premises of the company;
• When the employee did not have the opportunity to inform the manager about his absence, and also when the employee has a good reason for absenteeism.

In which it is impossible

In the following situations, an employee cannot be caught absenteeism and dismissed:

• The employee was temporarily disabled;
• The employee performed public duties that were assigned to him by the authorized government bodies;
• The employee donated blood and plasma;
• The worker was arrested by law enforcement;
• The employee allowed absenteeism due to a breakdown of transport or weather disasters;
• An employee was delayed in payment of wages for fifteen days or more. This situation is possible only if there is a written warning from the head;
• The worker went on strike.

In all of the above situations, the employee must provide relevant documents that confirm given fact. These documents include:

• Disability status document;
• A document from the medical center where the employee donated blood and plasma;
• Summons or certificate of arrest;
• Document drawn up transport company, in case of absenteeism due to non-working transport.

If an employee was absent from the workplace for more than four hours without a good reason, this is considered absenteeism

The task of the manager in this case is to determine the authenticity of the certificate provided, as well as to establish the veracity of the reason for absenteeism. If it turns out that the certificate is forged or invalid, the employer has every right to dismiss the employee.

Step-by-step instructions for dismissal

The process of dismissal of an employee for absenteeism consists of three stages:

• First, the very fact of absenteeism of the employee is documented;
• Then the reasons for absenteeism are clarified;
• After that, a decision is made and an order is issued to dismiss the employee.

At any of the above three steps, errors and inaccuracies are possible, which can lead to legal action by the dismissed employee. The dismissal order can be canceled, the employee will need to pay compensation and be reinstated in the workplace. For these reasons, the manager should carefully consider step by step instructions layoffs for absenteeism

Drawing up an act of absenteeism

First you need to issue an official act of absenteeism. This is the main documentary evidence of a violation of labor discipline by an employee. The act must be drawn up according to the following scheme:

• The title is an act of absenteeism, an act of absence from the place of work. Allowed different variants titles;
• Date of compilation, address of compilation, as well as an indication of the exact time;
• Name of the employee who draws up the act. This can be either the head of the company or the head of this department;
• Name of the employee who is suspected of committing absenteeism;
• Circumstances of the walk. Here you should specify exact time, which the employee was absent from work, the actions taken by the manager (for example, attempts to get through to mobile phone). The time that the employee was absent must be recorded as accurately as possible, up to a minute;
• At the bottom of the act should be placed the date of the document, as well as the painting of the head and witnesses. Colleagues of the absent employee may act as witnesses;
• The act is drawn up on the day of absenteeism.

Download a sample and form of an act on the absence of an employee at the workplace:

Finding out the reason for absenteeism

Next, you need to find out why the employee was not present at the workplace. The employer must demand from the employee a written explanation of the reasons for absenteeism - an explanatory note. It is better to formally issue a request for an explanatory note so that evidence of this action is preserved in the future.

The drawn up requirement must be signed by the head, as well as the signature of the employee, who, by signing, confirms the fact of receipt. The law allows for the provision of documents confirming a good reason for absenteeism, two calendar days. In the event that neither an explanatory note nor any certificates have been provided, the employer may proceed to final stage- processing the dismissal.

If the employee provided, within two days, an explanatory note to the manager, then we have three types of situation:

• The reason for the absence of working hours by the employee is really valid, they are provided with all the relevant documents. In this state of affairs, it is not possible to dismiss an employee.
• The reason for the omission is clearly not valid, documentary evidence is not attached to the explanatory note. In this situation, the head has every right to draw up a dismissal order.
• The reason is valid, but the documents only partially confirm the version of the employee, or the manager sees that the certificates are provided with corrections, inaccuracies, and so on. In this case, the manager needs to weigh all the pros and cons and make the right decision about the future of the employee in this field of activity.

Dismissal order

The last item in the step-by-step instructions for dismissal for absenteeism is the execution of the corresponding order. This document is drawn up in the T-8 form and, according to the law, must be drawn up no earlier than two days from the moment the manager demanded in writing an explanatory note from the employee, and no later than thirty days have passed since the moment of absenteeism.

The notice of termination must contain the following items:

• title of the document;
• Date of registration and place;
• The basis for issuing the order (an act documenting the fact of absenteeism, etc.);
• Surname, name, patronymic, as well as the position of the dismissed employee;
• Short description violations of labor discipline;
• Argumentation of the disrespect of the specified reason for absenteeism;
• Indication of the rights of the employee, in accordance with which he can appeal the fact of dismissal;
• At the bottom must be the date and signature of the head.

The dismissed employee must be familiar with the contents of this order and put his signature to confirm the fact of familiarization.

In case of refusal, an appropriate act must follow. After the above processes, work book the dismissed employee is recorded. The employee must come for her to the accounting department.

sample order

Video: How to dismiss for absenteeism

The Labor Code allows an employer to fire employees for absenteeism, as this is a serious breach of discipline. The employee, in some cases, has the right to appeal against the decision of the authorities, since the law requires strict adherence to the procedure and its documentation. From this article you will learn under what conditions they can be fired for absenteeism in 2019, how absenteeism is processed and how the subsequent dismissal is carried out.

Conditions for recognition of absenteeism

IN judicial practice there are cases when the reason for challenging the dismissal and reinstatement at work is the incorrect registration of the fact of absenteeism. Absence from the workplace is not always a violation of discipline. Absence is regarded as absenteeism only if the following conditions are met:

• Absence of an employee at the workplace for more than 4 hours. If the employee was absent for exactly 4 hours, he will not be able to put absenteeism.
• The absence of an employee at his workplace throughout the entire work shift, even if its duration is less than 4 hours. If a person is not assigned a workplace and he actually was on the territory of the enterprise, this will not be considered absenteeism.
• Lack of a valid reason for absenteeism. If there is such a reason, you need to confirm it with a supporting document - sick leave, subpoena, doctor's note.
• Proven fact of absenteeism. The employer is obliged to document this violation of discipline, obtain the signatures of witnesses, indicate the exact time and date, and describe in detail the circumstances. If there was an incorrect registration of absenteeism of the employee, the court will take his side.

There are cases when security does not allow an employee to enter the workplace by order of the authorities. This is usually not indicated in the act. In court, the employee will be able to defend his innocence by providing evidence, recordings from CCTV cameras. If the act does not indicate the exact time of absenteeism, this will also become the basis for reinstatement at work through the court. The employee will be able to refer to the fact that the document was prepared in the evening, and in the morning he was at work.

How to correctly arrange a walk

Let's consider in detail how to arrange absenteeism at work. First, an act is drawn up on the absence of an employee at the workplace. It contains the following data:

• Name and position of the absent employee;
• date and time of absence;
• date and time of the act.

The document must be signed by 3 witnesses from among the employees of the organization. Each of them confirms with his signature that at the time the act was drawn up, the violator was absent from the workplace.

The completed act is transferred to the personnel specialist. On the basis of this document, he puts down the mark "НН" in the time sheet in the form of T-12 and T-13.

Then the employer is obliged to wait for the arrival of the employee and receive his written explanation. According to Art. 192 of the Labor Code of the Russian Federation, you cannot fire a person for absenteeism without finding out his reasons. The absenteeism itself can be recorded only on the condition that the employee did not have a good reason for not showing up for work. If there was a good reason, he must describe it in an explanatory note. In this case, absenteeism will be excluded, the employee will simply return to fulfill his job duties.

How to properly dismiss for absenteeism

If absenteeism is executed in accordance with all the rules, it is established that the employee did not have good reasons for absenteeism, the employer has the right to apply a disciplinary sanction. To properly dismiss an employee, you must strictly adhere to:

1. Draw up an act on the absence of the employee at the workplace, familiarize the employee with it.
2. Get an explanatory note from a truant.
3. Issue, sign a dismissal order and give the employee for review.
4. On the last day of work, issue a work book to the dismissed person and make a calculation.

The Labor Code allows you to issue absenteeism of an employee with dismissal within 6 months from the date of fixing the violation. With a long absenteeism, the dismissal order is issued not on the first day of absenteeism, but on the date when the document was actually prepared. The day of dismissal in this case will be the final day of the person’s work in the organization - when he appears in the organization and writes an explanatory note. In other cases, the day of dismissal will be considered the date that preceded the first day of absenteeism.

According to Art. 193 of the Labor Code of the Russian Federation, from the moment of detection of absenteeism, the employer will have 1 month to issue a dismissal order. On a long walk given term calculated separately for each day spent walking. If the first absenteeism was committed more than a month ago, the employer will no longer be able to dismiss the employee - a month has passed for issuing an order.

Responsibility for absenteeism in various situations

Now let's figure out how to properly dismiss for absenteeism in more specific cases. For different categories of workers, the procedure will have its own characteristics.

Combination of posts

Art. 60.2 of the Labor Code of the Russian Federation states that when combining positions, there will be no absenteeism if the employee sends a written notice to the management of the refusal to comply extra work within 3 days.

part-timers

The dismissal of a part-time job at the initiative of the employer is possible only for the sole reason specified in Art. 288 of the Labor Code of the Russian Federation. This is the hiring of another employee for whom this work will become the main one. The conclusion suggests itself: the authorities have the right to issue absenteeism for a part-time employee general rules.

pregnant workers

According to Art. 261 of the Labor Code of the Russian Federation, the employer does not have the right to dismiss pregnant employees at will. There is only 1 exception - the liquidation of a legal entity (termination of the activity of an individual entrepreneur).

CEOs

In ch. 43 of the Labor Code of the Russian Federation there are no direct indications of the possibility or impossibility of dismissing a manager for absenteeism. This should take place on a general basis, but the procedure is carried out by the highest collegial body (if any).

Young professionals

Absence of a young specialist is drawn up according to the general rules, since in Art. 336 there are no other indications.

civil servants

All provisions of the Labor Code of the Russian Federation, including those related to absenteeism, are fully applicable to civil servants.

Drunk at work

Being drunk at work is not absenteeism. This is a gross violation of the labor schedule, specified in Art. 81 of the Labor Code of the Russian Federation.

Shift work

If the work schedule is shifted, then absence from work for more than 4 hours is still recognized as absenteeism. Another absenteeism is the absence of a person from work during the entire shift, even if it lasts less than 4 hours.

Long walk (several days)

When working on an indefinite contract for a long absenteeism, an employee is threatened with the same disciplinary measures as for a single one. Read about the consequences of absenteeism at work.

Absence for several hours

If an employee is not at the workplace for more than 4 hours in a row, the employer has the right to record absenteeism. In other situations, absence from work is not regarded as a violation of the work schedule.

Truancy is a serious misconduct for which an employee can be fired. This is allowed only if the violation is documented. Otherwise, a person will be able to challenge the actions of the leadership and be reinstated at work.

Something is not clear? Ask a question and get a comment from an expert

Dismissing an employee for absenteeism is one of the most controversial situations, which are within Labor Code and require. Absenteeism is a gross violation of labor discipline, as a result of which an employee is absent from his workplace during the working day (shift). According to the Labor Code of the Russian Federation, absenteeism is considered to be absence from work, regardless of the duration of the shift for an unexcused reason, for more than 4 hours.

Rules for dismissal for absenteeism

The law does not provide a clear definition of "good cause". In most cases, these foundations of the company include:

• subpoena to the court, police or other investigative body on the agenda;
• emergency;
• having a sick leave.

The employee, on the other hand, can attribute to serious explanations both the illness of the cat that was taken to the veterinarian, and urgent repair work in the house. Accepting such excuses or not depends on the company and management. After analyzing the importance of the situation, the desire of the employee to notify about what happened or the ability to warn about the situation in advance, one can conclude that the reason is valid and influence the attitude of management towards the emergency.

It is important to remember that judicial system most often favorable to the employee. If there is no evidence that the offender refused to perform his work at another, non-working time, did not provide certificates, or kept silent about the absence, then the company will have to compensate for moral damage and pay compensation for absence from work.

Absenteeism can be short-term - when the employee did not come to work one-time, but his whereabouts are known or easily established, as well as long-term - when his whereabouts are unknown long time. In the second case, dismissal is made under the article for absenteeism.

In what cases is it possible to be dismissed under the article for absenteeism

In Art. 81 of the Labor Code of the Russian Federation, paragraphs. a, clause 6 states that the grounds for dismissal can be considered:

• absence from work during the whole time (regardless of the duration of the shift);
• absenteeism for no reason for more than 4 hours;
• leaving work before the expiration of the concluded contract (Articles 80, 280, 292, 296 of the Labor Code of the Russian Federation);
• uncoordinated leave on vacation (both regular and extraordinary).

When initiating a dismissal procedure, the employer must provide grounds for dismissal for absenteeism, which is strong evidence of the employee’s guilt: a log of work visits, reports from video cameras, office notes and reports from direct superiors. In the absence of confirmation of absenteeism, the employee is paid compensation, the calculation of which is carried out from the date indicated in the order for dismissal - it is from this day that absenteeism is considered forced.

Important: if there is no officially fixed workplace, then the employee cannot be considered a truant if he is on a business trip or performs an official assignment outside the organization.

The procedure for dismissal for absenteeism of an employee

In order for all actions to be legitimate and have weight, the dismissal procedure must be carried out in a certain sequence. The procedure for dismissal for absenteeism should not be observed:

1. Obtaining a report. A report from direct management is submitted strictly on the day the employee is absent. It is registered in the journal of incoming documents and must be endorsed by the director's signature.

2. Recording the fact of violation. An excerpt from the rules must be attached to the report. internal regulations, where the duration of the working day is clearly indicated, as well as the duties of the employee in relation to the employer.

3. Obtaining an explanatory note. When initiating the dismissal procedure, the employer must first request explanatory documents on behalf of the truant. In the absence of an employee at the workplace, a notice must be issued in his name, in which an explanatory note is requested. Such notification shall be sent by mail to the address of residence. The letter is reviewed and evaluated.

Important: must be given a notice of receipt. Otherwise, an unscrupulous employee may claim that he did not receive letters.

The message must be sent to all addresses indicated in the employee's personal file.

4. Determining the penalty. As a result of established and confirmed absenteeism within a month, but not more than 6 months from the date of the violation, the employee is fired. The terms of dismissal for absenteeism can be shifted up to two years in the event of inspections or audits.

5. Order. Within 2 days, a dismissal order must be issued.

6. Payouts. Carried out in accordance with the calculation sheet, which indicates all the dates: the first working day, the last working day preceding the incident, the date of dismissal.

Documents upon dismissal for absenteeism are drawn up by the personnel department. Also, the personnel department accompanies the entire procedure and provides advice on points of contention initiated procedure. The rules for dismissal for absenteeism are based solely on Art. 81 of the Labor Code of the Russian Federation.

When there is no reason for dismissal for absenteeism

In the event that an employee has provided a certificate of illness, the dates of which overlap the dates of his absence, the absence from the workplace is considered involuntary. Failure to appear as a result of illness without providing an extract from the hospital book or providing a certificate is considered absenteeism.

Illegal dismissal for absenteeism can be if it is issued before the employee has the opportunity to provide an explanatory or health certificate.

Example: Ivanov I.I. fired due to absence from work for more than 2 weeks. Its location has not been established. The dismissal was carried out within three days from the date of the first absenteeism. Certificate of health Ivanov I.I. provided immediately when he was discharged from the hospital. The court satisfied the claim and acquitted Ivanov I.I., and also ordered the employer to reinstate the employee, since he objectively cannot notify about his condition - he lived alone, ended up in the hospital as a result of an accident and was unconscious.

The sick leave must be provided on the day of going to work, but no later than 3 days from the date of its issuance.

In single cases, the manager prefers to give the employee the opportunity to write a letter of resignation by own will. This procedure makes it possible to avoid lengthy paperwork.

A single violation of labor discipline without good reason may not entail release from duties if the subordinate has not previously been seen in such a misconduct or is a well-deserved employee. Systematic absence, as a result of which it is violated labor discipline, is a clear indication for termination employment contract.

Rules for notifying an employee upon dismissal for absenteeism

The employee must be familiar with the order. To do this, within no more than 3 days from the date of issue of the document, a printed version of the order is brought to him for review. At the bottom of the document, the employee signs and puts the date of familiarization.

In the event that the employee refuses to familiarize himself with the order, an act of refusal is drawn up. The act is registered in the journal and endorsed by the signature of the head and two more employees who act as witnesses.

Are there any payments for dismissal for absenteeism

The work book must contain relevant entries. The record of dismissal is entered according to the order. It contains the name of the article that was the basis for the termination of the relationship, the reason for dismissal, the signature of the personnel department employee, and the signature of the dismissed person.

Payments upon dismissal for absenteeism coincide with those due, as well as upon dismissal of one's own free will: non-vacation leave is paid, officially laid down wage and all allowances or bonuses by law.

Dismissal for absenteeism (subclause "a", clause 6, part 1, article 81 of the Labor Code of the Russian Federation): an approximate step-by-step procedure

DISMISSAL FOR AWAY:

EXAMPLE STEP-BY-STEP PROCEDURE

According to paragraphs. "a" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, absenteeism is the absence from the workplace without good reason throughout the working day (shift), regardless of its (its) duration, as well as in the event of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts). The employment contract can be terminated by the employer in cases of a single gross violation by the employee of labor duties - absenteeism.

Dismissal for absenteeism is disciplinary action, therefore, when making this dismissal, one should take into account General requirements dismissal laws and disciplinary requirements.

1. Fixing the fact of the absence of an employee at work.

The main document for fixing working time (attendance / non-attendance) is the time sheet.

Also, for additional confirmation of the fact of the absence of an employee at work, in practice, an act is drawn up on the absence of an employee at work, reports are submitted by employees who have discovered the absence of a colleague.

These documents are registered in the manner prescribed by the employer, for example, in the relevant registration / accounting journals.

2. It is checked whether the employee belongs to the category of employees who are prohibited from being fired at the initiative of the employer.

Yes, following step-by-step procedure for dismissal for absenteeism, note - according to Art. 261 The Labor Code of the Russian Federation does not allow termination of an employment contract at the initiative of an employer with pregnant women, except in cases of liquidation of an organization or termination of activity by an individual entrepreneur.

3. The deadlines set for the application of a disciplinary sanction are checked.

If the employee refuses to familiarize himself with the order to terminate the employment contract, in this case it is necessary to draw up an act (part 6 of article 193 of the Labor Code of the Russian Federation). The act is registered in the manner prescribed by the employer in the appropriate registration log.

9. Making a note-calculation upon termination (termination) of an employment contract with an employee (dismissal).

10. Settlement with the employee.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the laid-off employee presents a demand for payment. In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article (Article 140 of the Labor Code of the Russian Federation).

According to Art. 127 of the Labor Code of the Russian Federation upon dismissal, the employee is paid financial compensation for all unused holidays.

11. Registration of an entry on the termination of the employment contract in the work book and personal card. The employee certifies these records with his signature in the prescribed manner.

According to paragraph 12 of the "Rules for maintaining and storing work books, preparing work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 "On work books", with each entry made in the work book about the work performed, translation to another permanent job and dismissal, the employer is obliged to familiarize its owner against the signature in his personal card, in which the entry made in the work book is repeated. The form of a personal card is approved by the Federal State Statistics Service.

12. Making a copy of the work book dismissed employee for the archive of the employer.

13. Issuance of a work book to an employee on his last working day.

In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. Notifications are registered in the manner prescribed by the employer, for example, in the register of notifications and offers to employees. At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

14. Confirmation of the fact of issuing a work book to an employee. The employee confirms with his signature the fact of receiving his work book in the book of accounting for the movement of work books and inserts in them. The form of this book was approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69 "On approval of the Instructions for filling out work books."

15. Issuance of a certificate / certificates of the amount of earnings(Clause 3, Part 2, Article 4.1 federal law dated December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood").

If the employee refuses to receive the notification, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the compiler and the employees who were present at the refusal, and send the notification to the employee's home address by letter with the notification and description of the attachment. The act is registered in the manner prescribed by the employer in the appropriate registration log.

See the step-by-step procedure for bringing an employee to disciplinary responsibility (announcement of a remark or reprimand).

In the event of an employee's refusal to receive a work book, it is advisable to draw up an act on the employee's refusal to receive a work book. The act is signed by the compiler and employees who were present at the refusal. The law does not require the drawing up of such an act, but it can be useful as evidence of the innocence of the employer if a dispute arises upon dismissal and the case goes to court. The act is registered in the manner prescribed by the employer in the appropriate registration log.

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