What is considered a good reason. Good and bad reasons for absenteeism

According to labor law, absenteeism is the absence of an employee from the workplace without good reason throughout the working day. The employer's right to apply the norms of disciplinary action arises when the employee is absent from his workplace for more than four hours in a row.

The Labor Code of the Russian Federation establishes several types of work absence without any serious grounds for which the employee is expected to be involved in disciplinary responsibility in the form of layoffs.

Within the framework of the Labor Code, absenteeism without good reason is recognized:

The absence of an employee from the workplace throughout the working day without any notice or without good reason. There are no specific good reasons for missing work, however, employers are given the right to determine the good reasons for absenteeism on their own in the local regulations of the enterprise, as well as in the collective labor agreement. The assessment of the respectfulness of the absence of an employee at work is carried out by the employer or a special commission, which decides to hold the employee liable in the form of a reprimand or dismissal.
The absence of an employee of the enterprise at the workplace for more than four hours in a row, if such behavior of the employee is not justified by the execution of the instructions of the employer or the fulfillment of his job duties. For example, if an employee is absent from the office due to the delivery of correspondence, then dismissal for absenteeism in this case is not allowed.
Unauthorized departure from the workplace or absence from work when an employee of the enterprise submits an application for dismissal. Even if the employee wrote a letter of resignation for own will, on general rule he is obliged to work for at least two weeks after the submission of such a document to the management, except when otherwise established by local acts of the enterprise, or the employee is a pensioner.
Absence of an employee of the enterprise who was employed under a fixed-term employment contract before the expiration date employment contract. Also, absenteeism is considered a refusal to fulfill labor obligations when applying for dismissal under a fixed-term employment contract, if the deadline for filing an application is violated and does not comply with the norm of notifications established in the agreement.
Unauthorized use of vacation days or days off without notifying management and obtaining appropriate permission from the immediate superior.

Absenteeism is the refusal of an employee to go to work without good reason, except in cases where the provision of rest time at any time convenient for the employee is the direct responsibility of the employer.

good reasons

Despite the fact that there are no legally established reasons that are recognized as valid, employers have the right to independently determine the “limits of respectfulness and seriousness” of the reasons for the absence of an employee from the workplace.

Absenteeism can be divided into two broad groups, which include:

Valid reasons for absence from work. This list includes the most serious reasons that do not allow the dismissal of an employee for absenteeism.
Irrelevant reasons for absenteeism. Most often, these include simple absenteeism for no reason, if the employee simply did not want to go to work.

We must not forget that if the employee was absent from the workplace for less than four hours, then his absence is considered late. Only absence from work beyond the specified time can be considered absenteeism.

If there are valid reasons for absence from work, dismissal due to absenteeism of an employee is not allowed. If for some reason the employer did not heed the arguments of the employee and fired him anyway, then the citizen can go to court to restore all violated rights. Usually, as a result of a trial, with a truly illegal dismissal, an employee is returned to workplace compulsorily, and also pay compensation for forced days of absenteeism in the amount of the average daily wage.

Personal

The most common reasons for absenteeism are personal reasons that did not allow an employee of the organization to go to work at the set time. Usually, in the event of such situations, everything is reported to the management of the enterprise, however, if it is not possible to call or write a message to the manager, the employee does not face any additional sanctions.

The most common personal reasons for the absence of employees in the workplace include:

Injury or illness. When contacting a polyclinic or calling an ambulance, an employee is issued a certificate or an admission sheet, which indicates the date of visiting a doctor or calling an ambulance medical care. In this case, this document is filed with the employee's case, and dismissal for absenteeism is not allowed.
Walkthrough medical examination- medical examinations. For many organizations, especially in the catering industry, the presence medical book and passing a medical examination is a prerequisite for the implementation labor activity. If the passage of doctors is a necessary measure, then the absence of an employee at the workplace is not absenteeism.
Illness of a child or other family member who needs outside care during an illness. In this case, the employer is provided with a certificate from a doctor or sick leave for child care.
The occurrence of a technical malfunction in the gas, water and heat supply system, as well as a physical breakdown door lock at the employee's apartment. If for some reason there was a breakdown or fire in a residential or other premises owned by an employee, then failure to appear at work is a good reason, since special services must be called. To confirm the reliability of this reason for absence from work, a receipt for payment for services to replace the door lock or call a plumber, as well as information about the fire, if any, can serve.
Participation of an employee in public affairs, such as testifying to an employee law enforcement or evidence in court. In this case, if possible, the employer is informed in advance of the need to visit public services, as well as a summons or other document.
Long non-payment wages. If payments are delayed by more than 15 days, the employee has the right to refuse to work, but with a mandatory written notice to the employer. Refusal to work may last until the full or partial payment of wages, the dismissal of such an employee is not allowed.

In addition to personal reasons for absenteeism, there are other reasons that arise for reasons independent of the behavior and actions of the employee.

Due to circumstances beyond the employee's control

Personal grounds are not the only reasons why an employee of an enterprise does not go to work, in addition to them, there are also so-called force majeure circumstances that do not depend on the employee in any way.

Force majeure situations include the following:

elevator malfunction in residential apartment building that arose when an employee of the enterprise was about to go to work;
participation in a traffic accident, as well as giving evidence if an employee of the organization witnessed an accident;
malfunction vehicle, as well as the physical inability to use other ways to get to work - the lack of buses or the ability to call a taxi;
the occurrence of an emergency due to natural disasters - hurricane, flood, ice, fires, earthquakes, etc.;
the risk of an epidemic or high level infection, in case of a confirmed epidemic of the disease;
aircraft delays if the employee is in another city, which may lead to being late for work, and so on.

An explanation of the reason for absenteeism due to the occurrence of force majeure circumstances is possible only in the case of documentary or other confirmation of the existence of such reasons. If the employee can confirm that he really did not show up for work due to weather conditions, the dismissal of the employee is not allowed.

How to get absenteeism for a good reason

Registration of absenteeism for a good reason occurs in almost the same way as registration of absenteeism for disrespectful reasons, with the exception of the last point - bringing the employee to disciplinary responsibility. Upon detection of the fact of absenteeism in relation to the employee, an act of absence from the workplace is drawn up. After compiling this document the employee is given a small amount of time to provide an explanatory note.

The explanatory note indicates the reason for absenteeism, and physical evidence of the validity of the reason for absence from work is attached to it. If the employer considers that the reason for absenteeism is valid, then no sanctions will be taken against the employee.

If the reason is not considered serious for the absence from work, then the employer has the right to take any measures disciplinary action in relation to the employee. It is noted that dismissal is not a mandatory attribute of absenteeism. The head of the enterprise can choose which measure of influence to apply to the employee of the organization. The standard designation of absenteeism is affixed to the report card, regardless of the degree of its respectfulness - “PR”.

Compensation for absenteeism for a good reason

Payment for absenteeism for a good reason is not regulated, however, the employer has the opportunity to prescribe the possibility of paying for such a day in a collective labor agreement or other regulatory act of the enterprise.

Absenteeism for good or bad reasons is not paid, as is, for example, unpaid leave. However, the absence of an employee from work on the basis of serious circumstances prohibits the employer from bringing the employee to disciplinary liability.

Reasons not to walk

There are no disrespectful reasons for absence from work, however, conditionally such reasons can be considered all circumstances that do not physically interfere with the implementation of labor activity, but the employee independently decides not to attend work.

Examples of absenteeism for unexcused reasons are:

absence from work due to the alarm clock not ringing, as a result of which the employee overslept;
the state of alcoholic intoxication, as well as the consequences of alcoholic intoxication on the previous day, while the employee is prohibited from being at work in a state of alcoholic or drug intoxication;
unauthorized assignment of time off without notifying management, and so on.

Dishonest reasons for absence from work can be considered all reasons that are not valid.

Reprimand for absenteeism without good reason

The employer has the right to independently determine the measure of disciplinary action on the employee of the enterprise in case of absenteeism without sufficient grounds.

Art. 192 of the Labor Code of the Russian Federation establishes that in relation to an employee, the following types disciplinary action:

a remark that is assigned for a minor misconduct, such as being late;
a reprimand for a more serious violation of the work schedule, for example, failure to submit a progress report;
dismissal, which is applied in case of a serious violation of the work schedule, in particular for absenteeism or appearing at work in a state of alcohol or drug intoxication.

No other measures of influence are envisaged by the legislation. At the same time, employers very often apply the bonus deduction procedure, which involves the complete or partial deprivation of the employee of bonus payments.

Explanatory note for absenteeism without good reason

An explanatory note is drawn up on the basis of an act on the absence of an employee at the workplace for any time or the entire working day. The document indicates the actual reason for non-attendance at work, and also reflects information on documents confirming the reasons.

The employer is obliged to demand an explanatory note from the employee, but is not obliged to receive it without fail. If the employee refuses to draw up a document, then the employer has the right to apply measures of influence in full without long waiting times.

03.09.2019

Employee absenteeism is sometimes due to various factors, among which may be illness, marriage, exams at the university, etc.

Does the labor law provide for the definition of such a term as "good reason for absenteeism"?

And is there a list of such reasons in the legislation?

The concept of absence from the workplace according to the Labor Code of the Russian Federation

List of reasons not to go to work

In addition, valid reasons are considered:

delay or absence public transport, including traffic jams on the way to the place of work;
summons to court or prosecutor's office;
illness of a child or urgent hospitalization of a close relative;
natural disasters;
fires and other incidents that prevented an employee from getting to work on time.

Each of the reasons must be justified and documented (if possible).

In addition, the employee must notify the employer of his absence.

However, in some cases, the employer may independently contact his employee, since at the moment he may not be able to do this himself.

What is not an excuse for an employee?

The Labor Code of the Russian Federation also does not have a list of disrespectful reasons for not showing up for work. Each employer can independently decide what exactly to consider as such, but it is worth relying on court decisions that have already been made.

Disrespectful grounds for absence from the workplace are:

breakage of the alarm clock;
employee forgetfulness;
a medical examination for which a certificate of incapacity for work was not issued;
days off for the days worked during the vacation period, if the recall from the vacation was not formalized;
going on parental leave, if the manager has not yet approved the application for such leave;
treatment of the spouse in the hospital.

conclusions

The manager must soberly assess the grounds for absenteeism and apply punishment taking into account the behavior of the employee in previous periods.

After the employee appears at work, he should be presented at the place of work and demanded in writing to explain the reason for the absence -

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 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

Firstly, this is an official absence from the workplace agreed with the employer.. 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.

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

For example, at night there was a hurricane, 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 absence from the workplace begins.

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 certain categories of workers, for example, state and municipal employees, personnel of the armed forces, additional measures punishment - demotion in rank (position) or deprivation of a special badge of distinction.

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 part of the 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 a reason to contact labor inspection. 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 a 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 work book offender, 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 termination labor relations will create a lot of problems for a negligent employee when looking for a job 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 commit 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 the previous absence from the workplace has passed more than a year, 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, it is impossible to dismiss an employee for absenteeism if he has previously submitted applications to the employer for the suspension of work due to violations labor law or safety 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.

One of the most serious misdemeanors in an employment relationship is absenteeism without a valid excuse. Such disregard for labor discipline can lead to not just a remark or a severe reprimand, but even dismissal.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

What are the consequences of absenteeism for an employee? What will happen in just one day of absence from work? What are the disciplinary actions? How to challenge dismissal in case of absenteeism? We will talk about this and not only further.

general information

The law gives a clear definition of absenteeism. Even if the work shift lasts less than 4 hours, and at that time the worker was not in place, this is absenteeism.

When a person is more than 4 hours late for work, this is absenteeism. Even if a certain place is not assigned to an employee, but he still did not appear at the enterprise and did not fulfill his duties without good reason, this is absenteeism.

Absence from work even for one day without early notice, without a good reason is considered a gross violation labor discipline and leads to bad consequences.

Normative base

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

As for the internal labor schedule of a single enterprise, the duration labor day or shift, such information will be contained in local acts, such as and , or other agreements.

Consequences

In Art. 192 Labor Code a list of all types of consequences awaiting a truant is given:

comment;
rebuke;

Separate federal laws the consequences of a violation of discipline in the form of absenteeism for state officials and military personnel were also established.

Here are some of them:

a warning;
severe reprimand;
deprecation;
outfit out of turn;
demotion in rank or rank;
deprivation of the insignia;
early termination of the contract.

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

Types of responsibility

Administrative measures

The employer will decide what kind of punishment to apply to an employee who has been absent.

Usually, the authorities can enter into the position of a person if absenteeism was committed for the first time, and previously no other violations of labor discipline were noticed by the employee.

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

Comment

At the discretion of the employer, a delinquent employee who missed half a working day or the whole day for the first time can be reprimanded.

This measure is the mildest, because it can not even be fixed in writing. Usually the remark is a conversation in the office of the head.

However, this procedure should be framed accordingly:

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

Often negligent employees are not able to appreciate the act of the employer when he uses a remark instead of severe punishment. They take his good nature for weakness and begin to be late and skip regularly.

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

Rebuke

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

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

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

reporting;
explanatory;
reprimand order;
introduction.

There is nothing surprising in the fact that the manager has to fire especially malicious truants who are no longer subject to comments or reprimands, because according to the law it is impossible to punish violators with a ruble, although many consider this measure to be the most effective.

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

Penalties and deprecations

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

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

It is a completely different matter with the deprivation of employees of bonuses for absenteeism.

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

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

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

At the same time, the employer can not only deprive the truant, but also additionally make him a remark or reprimand.

Dismissal

When nothing else is left, absenteeism can lead to dismissal.

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

Having fixed the fact of absenteeism, making sure that the employee does not have good reasons for being absent from work, the boss prepares an order for dismissal under the article.
The familiarization of the employee must take place within three days. If he refuses to put his signature, an act is drawn up.
The personnel officer makes a mark in the labor, indicating the reason for dismissal in accordance with Art. 81 of the Labor Code of the Russian Federation.
The employee receives his payments along with.

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

Criminal

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

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

put in jail for a period of 2 to 4 months;
send to corrective labor;
deprive one-fourth of the salary.

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

What will happen in one day?

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

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

In this case, the actions of the employer cannot be challenged by anything, he will act according to the law.

General conditions of use

To classify the absence of a person at work as absenteeism, the following conditions must be present:

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

Failure to appear at the workplace is not considered absenteeism if at that time the person had to work in another workshop or in order to fulfill the assigned duties.

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

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

Documenting

The absence of a working day must be documented in accordance with the rules of office work at the enterprise using:

act;
service note;
report note.

Before you draw up an order for a disciplinary sanction, an explanation should be taken from the absentee himself. Otherwise, it will not be possible to justify that he really did not have a good reason for missing.

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

In the event of unclear circumstances of a person’s absence from work, that is, when absenteeism is already long, and it is not possible to get in touch with the employee in any way, its reasons cannot be recognized as knowingly insignificant.

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

The timesheet even provides a special mark for such cases: "НН".

Sample Orders

About reprimand:

About Remark:

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

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

The form of the order assumes the existence of a reason, therefore, a note should be made on the previously drawn up memo about absenteeism of the employee and the explanations given to them.

Recovery of the amount

In addition to the types of punishments considered earlier for the absence of an employee, there are no other penalties. That is, it is not legal to fine the guilty, to deduct some part of the amount from their official salary. The only way to punish truants with a ruble is deprecation.

If the employer actively applies a system of fines at his enterprise, for example, fines for being late, fines for absenteeism, then such actions of his in themselves can lead to litigation and monetary penalties.

The maximum amount of fines is provided for:

for officials - 5 thousand rubles;
for heads of enterprises - 50 thousand.

Therefore, employers often subject to withholding informal part salaries of employees, the one that they receive in an envelope, which also does not comply with the law.

Terms of preparation and validity of documents

Each document that draws up absenteeism has its own period of compilation and validity:

Explanatory. The truant must write it within 2 days after the day of non-appearance.
Remark and reprimand. If absenteeism was not detected immediately, these types of disciplinary punishments can be applied within a month from the date of its discovery. After absenteeism has been recorded, and more than six months have passed, a remark and reprimand for it can no longer be made, since time has been lost. The duration of these punishments is usually 1 year, but they can be removed earlier at the discretion of the authorities.
Dismissal order. The employer must familiarize the employee with it no later than three days from the date of its signing. The last working day is considered the date preceding absenteeism.

Each of the parties to the employment relationship should know how the employee is dismissed for absenteeism. The reason for this is the ever-emerging difficulties of law enforcement practice.

What is meant by walking?

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

Absenteeism is the continuous absence of a subordinate from the workplace for more than 4 hours and without good reason.

When analyzing the Labor Code of the Russian Federation, it becomes clear that absenteeism must meet the following requirements:

non-attendance of the employee at the workplace for more than 4 hours in a row or non-attendance at all;
official employment of an employee in the state, indicating in the employment contract the period of working time and the place of work where he directly performs labor functions;
the presence of guilt of the employee who committed absenteeism;
the employer has carried out a comprehensive check of the circumstances of the incident and can confirm it with relevant documents.

The legislator does not provide a specific distinction between absenteeism by type. However, this fact can be decisive and affect the degree of responsibility of the employee.

All walks can be divided into:

short-term: such absenteeism allows the employer to have some information about the location of the employee or organize communication with him through telephone communication, the Internet;
repeated: absence from work without a valid reason two or more times a year;
long: non-attendance at work for several days, weeks, months and the absence of any information about the location, reasons for the absence of the employee and communication with him.

What does the Labor Code of the Russian Federation say?

What are the risks for an employee being absent from work?

If the employer becomes aware of the absence of his ward for more than 4 hours in a row, he has the right to resort to disciplinary action.

According to Art. 192 of the Labor Code of the Russian Federation, the sanction arises in the event of improper performance by the employee of his labor functions, enshrined in the contract with the employer.

Good and bad reasons

It is important to understand that not every absence of an employee can be classified as absenteeism. There are a number of life circumstances that can be recognized as a valid reason for not attending work and cannot be considered absenteeism.

This list is extensive and summarized as follows:

Seeking help from health care institutions in connection with a deterioration in well-being, as well as accompanying the victim, providing him with first aid, staying on sick leave, both in connection with his illness and the illness of the child.
Passage of medical examination, examination, vaccination.
Participation in investigative activities, court hearings, government assignments.
Refusal to go to work due to non-payment of wages due, participation in a strike and a rally.
Emergencies (traffic accidents, accidents in utility systems, delays in transport, flights), force majeure circumstances (floods, landslides, cataclysms, etc.).

For each of these cases, it is necessary to inform the employer about what happened by giving advance notice:

If the case concerns strikes or rallies - a certificate from law enforcement agencies or a medical institution.
If there were global compelling circumstances, the employer will become aware of this through the media.

Only if there is a document confirming the validity of the absence, absenteeism will not entail consequences. All other circumstances will be classified as disrespectful and may lead to irreversible consequences.

Types of penalties

Labor legislation provides for the application of sanctions to employees who violate the work process and discipline in the form of penalties.

The charge may take the following form:

rebuke;
comment;
termination of the employment contract at the initiative of the employer.

The first two options do not have any clarifications in the Labor Code of the Russian Federation due to their legal nature, so it is difficult to distinguish between them. They have the same terms of application, can be both oral and written.

In the event that the employee repeatedly receives a reprimand or comment, the employer may reasonably apply the third variant of the penalty.

Dismissal for absenteeism in 2020

Dismissal is considered the most significant and serious sanction in disciplinary action and has consequences for both the employee and the employer. These circumstances are not rare in practice and require a clear algorithm for dismissal for absenteeism in accordance with the norms of the Labor Code of the Russian Federation.

Step-by-step instructions and procedure diagram

Strict adherence to the procedure for registering an employee for absenteeism will reliably protect legal framework employer.

Each of the stages has some features:

Certificate of Absence: first of all, after discovering the absence of his subordinate, the employer must document this fact and on the very day when the incident took place. The act is presented to the truant as soon as he appears at the workplace. Long absenteeism is fixed for each day by a separate act.
Explanatory: the employer is obliged to send a written notice of intention to dismiss him to the address of the subordinate who has committed absenteeism, in which the latter leaves a personal signature, which confirms the fact of familiarization. Within 2 working days after notification, the employee must provide explanatory note employer.
If the employee did not appear at the workplace, the notice of dismissal is sent to the official place of his registration. For an employee who refused to write an explanatory note within the stipulated time, an act of refusal to provide an explanation of the reason for absenteeism is drawn up with the signature of at least two witnesses.
Reporting: this stage is not mandatory for companies with a small number of employees. However, if the hierarchy is large, then the immediate supervisor of the truant is obliged to provide a memorandum to the higher manager.
Recording in the table: the presence of a time sheet implies tracking working hours. If there was a deviation (absenteeism), it is necessary to reflect this on the appropriate day (HN - failure to appear due to unexplained circumstances). This note will be of particular importance when resolving the case in court, since the court will definitely turn to such information.
Dismissal order: created according to the established form - T8. Absenteeism, falling under the wording of the legislator, does not require the presentation of an order to impose a penalty. The basis for the order is Art. 81 of the Labor Code of the Russian Federation. All of the above evidence of the absence of an employee is attached to the document: an act, an explanatory note, a report.
Entering the data of the dismissal order into the journal of orders.
Making a payslip for the employee and familiarizing him with the order of dismissal.
Data entry in a personal card and in the work book of a subordinate.
Return of work book employee and the production of all payments due to him.

How to arrange?

Dismissal for absenteeism is permissible to issue only if there is a certain package of documents:

an act of absence of an employee (issued on the day of detection of absenteeism);
entry in the log of working hours;
notification of the application of a disciplinary sanction (carried out no later than 3 working days and must be confirmed by the signature of the subordinate);
an explanatory letter from an employee or an act of refusal to give explanations for absenteeism that occurred (the document must be received within 2 calendar days from the moment of receipt of the notification of the application of a disciplinary sanction);
dismissal order from the governing bodies;
entering information in the work book of a dismissed employee.

The documents

Employee Absence Act

The document is drawn up by the head or personnel specialist. There is no specific form established by the legislator. At least two witnesses must be present when drawing up the act.

The document must reflect the following information:

name of company;
document's name;
day of compilation;
information about the subject filling out the document and about the subjects acting as witnesses, about the absent employee (name, position);
date of absenteeism or the period of time of his absence (days, hours);
grounds for absence (if known);
signatures of all subjects involved in the compilation.

The template can be downloaded here:

An example of filling out a document:

Employee notice

The notice will allow the employer to avoid problems and acts as evidence of compliance with the formalities of the dismissal procedure.

In the absence of such a document, the employee has legal grounds for going to court to challenge the decision of the employer.

Notification structure:

name of the employing organization;
information about the employee;
grounds for drawing up the notification (reason);
date, signature of the head of the organization.

The document must be drawn up in writing and reflected in the local logs of registration of internal documentation.

The notice must be in 2 copies - for the employer and the employee, respectively.

The employee to whom the notification is sent puts on it a note of familiarization, signature and date.

Filling example:

Explanatory note from an employee

The note is drawn up by the violator in free written form.

It must indicate the reason for the absence of the employee.

Approximate data that should be reflected in the explanatory note:

name of the organization and full name of the head;
Full name, position of the guilty subordinate;
name of the document - explanatory;
text-content indicating the reason for absenteeism;
date, signature.

When compiling an explanatory note, it is more appropriate to resort to business style presentation.

Example:

Employee Refusal Act

Mandatory drawing up of a document is implied in the case when the employee did not provide, refused a written explanation of the reason for his absenteeism.

Title of the document;
information about the employee who refused to provide an explanation;
place of compilation, date;
information about the compiler and witnesses;
descriptive part (what date, why and in what way the written explanation was refused);
signatures of all parties, including the employee who made the refusal.

If the employee for whom the act is drawn up refuses to leave his signature on it, the drafters of the act make a corresponding note and sign it again.

Document example:

Dismissal letter for absenteeism

In order to avoid liability for illegal actions, the employer is obliged to comply with the deadlines and dates when drawing up an order regarding the dismissal of a absent employee.

It can be drawn up only after the collection of all application documents.

The employer needs to take into account a number of points:

an order can be drawn up for only one employee;
the use of a unified sample in the T-8 form (additional wording is allowed in the explanatory part of the document);
Mandatory presence on the document of the signature of the head of the organization and its entry in the registration log.

The document must have the following structure:

the name of the employer;
serial number assigned according to the registration log;
Date of preparation;
document's name;
date and place of the decision to terminate labor agreement;
reason for dismissal;
information about the dismissed employee;
reference to the norm of the Labor Code of the Russian Federation;
information about the head and his signature;
a note about familiarization with the document of the dismissed employee, his signature.

Record of dismissal for absenteeism in the work book

This action is considered the final stage of dismissal. All information in the work book is entered on the basis of data from the dismissal order.

The entry looks like this:

1 column: serial number;
2 columns: specified or day last day the work of the employee, or the day the order for dismissal was issued;
3 columns: an indication of the reason for dismissal under Art. 81 of the Labor Code of the Russian Federation;
4 columns: information about the order (its number and date of compilation).

All of the above data is confirmed personal signature official(the chief gave staff) and the seal of the organization.

Union Notice

The request for a reasoned opinion of the trade union becomes mandatory upon termination of the employment agreement for absenteeism, if the subordinate was a member trade union organization(part 2 of article 82 of the Labor Code of the Russian Federation) and was noticed in the repeated failure to perform the labor functions assigned to him without valid circumstances or in the presence of several disciplinary sanctions.

All other cases, even if the employee is a member of a trade union, do not need to request a reasoned opinion primary organization workers.

Terms and dates

The date of issuance of the dismissal order must coincide with the date of the relevant decision by management.

The order cannot be issued earlier than the date on which an explanatory note is provided from the absentee employee or an act of refusal to provide them with such information and no later than one month from the date of actual absenteeism.

It is forbidden to draw up a document retroactively, since the administrative document must reflect the date of the actual publication.

An exception may be cases of prolonged absence of an employee under unclear circumstances.

The date of dismissal of a subordinate for absenteeism is considered to be his last day of work.

If he was absent for the entire work shift, then the date of dismissal is the day preceding this event (Article 84.1 of the Labor Code of the Russian Federation).

Employee benefits and compensation

After termination of the employment agreement with the employee, they are required to make settlement payments.

Absenteeism cannot influence the establishment of any restrictions, therefore payments are made according to the general rule.

An employee can receive:

calculation for actually worked working hours;
compensation for unused vacation days;
payment after sick leave, in which the employee stayed before dismissal;
compensation for travel expenses, including business expenses, that were made before the dismissal.

Nuances for different categories of workers

With regard to the dismissal of some employees for absenteeism, in practice there are nuances or a legislative ban on such actions has been established.

According to the provisions of the Labor Code of the Russian Federation, the employer is prohibited from dismissing for absenteeism:

a pregnant woman;
a single mother raising a child (children) under the age of 14;
a father with many children or a mother with children under 3 years old;
parent or sole breadwinner of a disabled child under the age of 18.

Dismissal for absenteeism of workers, part-time workers, or young professionals is carried out on a general basis.

If a part-time employee notifies his employer in writing three working days in advance of the refusal to comply additional work, it cannot qualify as absenteeism.

The norms of labor law are fully applied to military personnel and employees of the state civil service.

At the same time, for the former, the most unfavorable consequences of dismissal for absenteeism are provided, since they will no longer be able to get on military service a priori.

Controversial situations

When the rule does not apply

Each employee who has strong evidence of his innocence can challenge the employer's decision to dismiss in court.

Among the controversial situations, when the norm becomes inapplicable, we can distinguish:

the employer has not determined the period of absence of the employee;
the reason for the absence and the degree of fault of the employee were not identified;
unauthorized departure of an employee on legal leave;
violation detected more than six months later;
the dismissal was due to vacation, temporary disability, pregnancy.

Are there any statute of limitations?

The employer does not have the right to dismiss an employee for absenteeism if more than a month has passed since the discovery of this circumstance.

In what cases can a dismissal be considered illegal?

There are situations that at first glance may resemble absenteeism.

However, termination of employment due to absenteeism will become illegal if:

the subordinate was absent for exactly 4 hours or less;
the four-hour absence was not continuous (the employee periodically returned and left the workspace again);
if the employee is not assigned a specific place of work and during the period of fixed absenteeism he was on the territory of the employer's organization;
going on vacation without notifying the employer, but in accordance with the vacation schedule;
the actual absence of the employee is not documented or the dismissal procedure was carried out with violations;
the employee did not warn the employer in advance about the absence, but managed to provide evidence of a good reason;
the employee used rest days that are provided to him without the discretion of the employer (day off for the donor, etc.).

How can I challenge an employer's decision?

The employee can challenge the decision of the employer if he proves the fact of illegal actions.

It is of paramount importance to appeal against the decision of the employer within a month from the date of familiarization with the dismissal order.

This can be done by completing an application and submitting it to:

labor inspection;
prosecutor's office;

Most effective method- litigation in court.

The judiciary will require strong arguments in support of their position, both from the employer and the employee.

The most reliable way to challenge the decision of the employer will be the provision of: audio, video recordings, testimonies, documentary evidence a valid reason for absence from work, as well as an indication of non-compliance with the dismissal procedure.

How does recovery work?

If the court or other competent authority considers the position of the employee to be lawful, the employer must strictly:

reinstate him at work on the same conditions as before the dismissal;
pay the downtime;
cancel the entry in the personal card, work book of the employee.

FAQ

How can you avoid terminating a contract?

An employee can avoid dismissal for absenteeism if this day falls on a sick leave period or the employer did not follow the paperwork procedure.

In particular cases, it is possible to avoid termination of the employment agreement with the employer if the employee's fault for absenteeism is considered insignificant.

Is sick leave paid after dismissal?

Dismissal for absenteeism cannot be grounds for refusing to pay disability benefits.

An employee is required to pay benefits if the period of incapacity for work occurred at a time when he was actually still on the staff of the employer.

There are exceptions when the employee is paid disability compensation even after the termination of the contract with the employer.

This basis is enshrined in the law "On Compulsory social insurance in case of temporary disability and in connection with motherhood.

In accordance with Part 2 of Art. 5 of this normative act the insured employee has the right to claim sick leave pay from the previous employer within 30 days following the day of termination of employment obligations.

Is it possible to make registration without the presence of an employee?

The algorithm for dismissal under the article for absenteeism implies the presence of many documents accompanying each stage, most of which must have the signature of the truant.

There is an acute question about the possibility of processing materials if the employee did not appear and absenteeism took on a long character.

The practice of such cases indicates that it becomes more difficult to dismiss an employee, since the employer is not aware of the reasons for his absenteeism due to the lack of an explanatory note.

The employer can choose one of the following:

Wait for the employee to return, record every day of absenteeism through an act and a time sheet. It is possible to solve the issue of performing the work function of an absent person by temporarily hiring a new employee or transferring another employee already in the state to his position;
Request an explanation of the reason from the subordinate by sending mail correspondence to the address of his official registration - valuable letter with an inventory of the enclosed documents and a return notification of delivery to the addressee.

If the employer resorts to the second case, then the days of the mail run must be added to the main response times for such notifications.

Output

The legislator brought the design of absenteeism to general view, since it is impossible to cover all life situations that fall under this definition.

Absence of an employee at work for at least 4 hours and without a valid reason may be recognized as absenteeism. Such an action can lead to both a minor punishment for the employee - a reprimand or remark, and dismissal.

It is possible to resort to the dismissal of an employee only if there are sufficient grounds and a high degree of his guilt.