Whether illness is considered a good cause. Absence from work

Absenteeism of an employee of the enterprise must be issued in accordance with the current labor legislation. How to prove the absence of an employee at the workplace? What documents need to confirm this fact? You will find answers to these and other questions in our article.

What is considered truancy

According to the Labor Code of the Russian Federation, absenteeism is the absence of an employee from the workplace according to the work schedule without good reason. It is recognized as a gross violation by the employee of labor discipline and the terms of the employment contract with the employer, as well as non-compliance with the rules of internal labor regulations.

And what do modern employers mean by absenteeism? Of course, the failure of employees to come to work on time can cause a lot of trouble for the company's management. And employers often intimidate employees with dismissal for being late for work, delaying after a lunch break, leaving work early, etc. But these situations, as a rule, are not absenteeism.

On the other hand, there is no clear list of good reasons in the Labor Code of the Russian Federation. Our legislators leave this issue to the discretion of the company's management. Apparently, the manager must independently assess the degree of validity of the reasons for absence from the workplace. Good reasons include illness, death of loved ones, natural disasters, road accidents, housing problems that require immediate solutions, etc. Each such absence must be confirmed by a sick leave certificate, a certificate from a medical institution, the traffic police, a housing management company, etc. d.

IMPORTANT! If the employee verbally warned the manager in advance about his absence from work, this will not be considered absenteeism. Especially when this fact can be confirmed by other employees of the enterprise - direct witnesses.

Employee absenteeism can create problems in the organization's activities, including financial ones. For example, a failure in the production process of an enterprise operating on a continuous cycle, an unsigned contract for a major commercial transaction, as a result of which the enterprise could increase revenue, etc.

Important conditions for recognition of absenteeism

In judicial practice, there are cases when truants won lawsuits due to an incorrectly executed and undocumented fact of absenteeism and were reinstated at work. That is why the employer must carefully draw up all documents related to absenteeism. However, you shouldn't do it retrospectively. As practice shows, such facts are provable and the court will take the side of the employee who allowed absenteeism.

In what cases is the absence of an employee at work regarded as absenteeism:

In the absence of an employee at the workplace during the entire work shift (even if it lasts less than 4 hours).

If the employee did not have a documented workplace and he was on the territory of the organization, the employer will not be able to give him official absenteeism. Conclusion: assign a workplace to each employee in the employment contract when he starts work.

If the employee is absent from the workplace for more than 4 hours.

Moreover, if the employee was absent for exactly 4 hours, such an absence will not be considered absenteeism.

Absence from work for unexcused reasons.

Each employee must confirm his absence from the workplace with supporting documents. For example, a sick leave, a subpoena or an inquiry, a certificate from a medical institution and other documents. At the same time, the employer does not have the right to dismiss a pregnant woman who allowed absenteeism.

When the fact of absenteeism is proven.

Every walk must be documented. Otherwise, if the employee goes to court, justice will not be on the side of the employer.

Article 81 of the Labor Code of the Russian Federation in 2019-2020

In Art. 81 of the Labor Code of the Russian Federation, namely sub. “a”, paragraph 6, states that in the event of absenteeism, the employer can legally fire the employee. In this case, the conditions mentioned earlier must be met.

But does a manager always have to fire an employee for absenteeism? This article gives him the right to do so, but does not establish such an obligation. Legislators leave the choice to the management of the company. It can issue an employee a reprimand, a remark, or simply leave absenteeism unattended.

In some cases, the dismissal of an employee is possible due to his going on unauthorized leave without warning the management. Each enterprise must draw up an annual vacation schedule. It is communicated to employees. The absence of a schedule is recognized as a violation of labor laws.

But in any case, going on vacation without the consent of the management is a violation of labor discipline, and the employee may be held liable for absenteeism.

You may also find the following articles helpful:

“How to arrange a vacation with subsequent dismissal?” ;
"Order for annual paid leave - sample and form" .

Sometimes it also happens that absenteeism ends with the desire of an employee to quit of his own free will. An employee writes a letter of resignation and, having not worked for 2 weeks, does not go to work at the appointed time.

If the employer dismisses the employee for absenteeism, he makes a corresponding note in his work book with reference to Art. 81 of the Labor Code of the Russian Federation.

How to prove absenteeism of an employee

The main difficulty in documenting employee absenteeism is to prove the disrespectfulness of the reason for his absence from the workplace. In some cases, the employee cannot inform the manager about his absence from work for objective reasons. For example, there was an emergency on the road, an employee was unexpectedly hospitalized in intensive care, etc.

IMPORTANT! You do not need to immediately prepare an order for dismissal or disciplinary action on the day of absenteeism. The main thing is to record the fact of the absence of a person at his workplace in the presence of several witnesses.

To do this, the personnel department must draw up an act on the absence of an employee in any form on the letterhead of the company. It is signed by witnesses who can confirm the situation. In addition, the act should indicate the place of compilation, the date and necessarily the exact time, the full name of the employee who compiled this document, as well as witnesses.

After the act is drawn up and until the reasons for the absence of a potential truant at the workplace (if any) are clarified, the time sheet in the form of T-12 and T-13 is marked “HH” (absence for unexplained reasons). In the future, if the employee submits supporting documents, the “HN” mark is corrected, for example, to “B” (sick leave). If the employee does not have such documents, “PR” (truancy) is affixed.

On our website you can find out the procedure for filling out time sheets, as well as download their forms. See articles:

"Time sheet in the form of T-12 - form";
"Unified form T-13 - form and sample" .

When an employee appears at the workplace, it is mandatory to take an explanatory note in writing from him about the reasons for absenteeism (in the absence of supporting documents). There are cases when an employee dismissed for absenteeism filed a lawsuit against his employer in court for illegal dismissal and won the lawsuit.

Why can a dismissal be declared illegal if the fact of absenteeism has been proven? The employee may refer to the last paragraph of Art. 192 of the Labor Code of the Russian Federation and the fact that the employer did not even ask about the reasons for absenteeism and did not assess the severity of the misconduct and the circumstances of its commission.

IMPORTANT! In case of absenteeism, be sure to require a written explanation from the employee.

But there are times when employees refuse to give an explanation of the reasons for absenteeism in writing. Then the employer should give the employee a notice of the need to submit an explanatory note against signature. The document must indicate the number of days during which the employee must explain his absence. This is 2 business days (Article 193 of the Labor Code of the Russian Federation).

If the employee refused to receive a notification or did not provide an explanatory note after the set time, this should also be recorded in an act in the presence of witnesses.

Documentation of employee absenteeism

So, we figured out in which cases the absence of an employee in the workplace is considered absenteeism and how to prove it. And how to document absenteeism of an employee and its consequences?

The final decision on the punishment of the employee for absenteeism is made by the employer. An employee may be held liable for absenteeism in the form of:

Layoffs. When dismissed for absenteeism, it is not necessary to draw up 2 orders - on the imposition of a disciplinary sanction and termination of the employment contract. An order to terminate the employment contract is sufficient. As the basis for such an order, memos, acts, explanatory notes from the employee, a time sheet are indicated, that is, documents that prove the fact of absenteeism and justify the dismissal.
Disciplinary action. It is issued by order of the head of the institution. This order does not have a unified form, so each enterprise can develop its own sample order. You can take unified forms of other orders as a basis, so as not to forget to indicate all the necessary details in the document. For example, an order in the T-6 form to grant an employee leave.

You can download a sample order in the T-6 form on our website "Unified form of order T-6 - download the form and sample" .

Such an order must reflect the following points:

the fact of violation by the employee of labor discipline, that is, absenteeism itself, indicating its date;
documents that prove the fact of absenteeism of the employee (memorandums, acts, explanatory notes from the employee, time sheet);
type of punishment (consequences of violation): reprimand, remark, deprivation of another bonus, etc.

On our website you can download an example of a disciplinary order form. See article "Order on disciplinary action - sample and form" .

In order to, if necessary, punish an employee for absenteeism, the employer must, when hiring, familiarize him with labor duties (employment contract, job description) and internal labor regulations against personal signature. Then, after a decision is made to dismiss or disciplinary action, if the employee goes to court, there will be more chances that justice will side with the employer.

Results

Absenteeism is the absence of an employee from the workplace for more than 4 hours in accordance with the work schedule. This is a gross violation by the employee of labor discipline, the terms of the employment contract with the employer and the internal labor regulations. To be recognized as absenteeism, a number of conditions must be met:

the absence of an employee at the workplace during the entire work shift;
the absence of an employee at his workplace for more than 4 hours;
absence from work for unexcused reasons;
proof of truancy.

In case of absenteeism, the employer must demand from the employee a written explanation of his absence from the workplace. An employee may be held liable for absenteeism in the form of:

dismissal, which is formalized by an order to terminate the employment contract with the employee;
disciplinary sanction, which is also issued by the relevant order.

Each incorrectly executed document can affect the outcome of the lawsuit not in favor of the employer if the employee goes to court due to illegal dismissal. So all documents must be properly drawn up at the right time and, if necessary, signed by witnesses of this situation.

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

What is a stroll

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

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

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

Subjective good reasons

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

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

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

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

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

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

Don't know your rights?

Objective good reasons

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

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

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

Valid reasons for the application

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

You will learn:

What does the concept of "truancy" include and what are the measures to prevent losses from absenteeism
How to correctly record the absence of an employee at work
What measures can an employer take in relation to a truant

In any organization, it happens that employees do not go to work. Sometimes, even if there are good reasons (for example, due to illness), the employee not only does not report his absence to the employer, but also does not confirm absence from work with supporting documents. In this case, failure to appear is considered absenteeism.

But there are situations in which it is difficult to understand right away: for a good reason, the employee stopped going to work or not, in which situations he can be fired, and in which he is absolutely impossible. Often, a situation that is unambiguous at first glance, upon further consideration, turns out to be far from being so simple.

How to correctly assess the situation? What documents and in what terms to issue? How to prevent violations of labor laws? These and other questions will be considered in this article.

MEASURES TO PREVENT LOSS FROM TRUSSIA

The absence of an employee at work, even for a short time, disrupts the work process. To minimize damage in the organization, a number of measures should be taken:

in the Internal Labor Regulations there must be a clause obliging the employee to warn his immediate supervisor in advance about the impossibility to go to work, about the reasons for the absence and the expected period of absence. The fulfillment by the employee of the relevant obligations will help the manager to make timely decisions on the distribution of duties of the absent employee among his colleagues;
the head of the structural unit must have a list of employees to whom he can entrust the performance of the functions of an absent employee. The employees themselves, in turn, should be aware of the affairs of a colleague, which they will need to perform in case of his absence (not only unexpected, but also planned (for example, for a vacation or business trip));
the manager must have specific instructions governing his actions in the event of the employee's absence without warning (example 1).

The instructions are of an auxiliary nature, it is not necessary to issue it on the letterhead of the organization and certify it with the signature of the head. The main condition is that they must contain a specific algorithm of actions.

Example 1

Memo to the head of the department on actions in case of non-appearance of the employee

Call the employee on all phone numbers known to you (home, mobile, etc.) and find out the reason and possible period of his absence.
Ask subordinates whether the employee spoke about a possible absence from work. If one of the employees is aware of the reasons for the non-appearance of a colleague, ask them to state them in a memorandum addressed to the head of the organization.
Draw up an act on the absence of the employee, the measures taken to search for him and their results.
Take all documents to the Human Resources Department and receive instructions on how to proceed with the absent employee.

Specify the employee’s workplace as clearly as possible in the documents (shop, machine, office number. If you have a chain of stores and regularly rotate personnel, such specifics, on the one hand, will complicate the work of personnel services, increasing document flow, on the other hand, it will protect the interests of the employer.

A workplace is a place where an employee is required to be or needs to arrive in connection with his work and which is directly or indirectly under the control of the employer. According to part 4 of Art. 57 of the Labor Code of the Russian Federation, the condition of the employment contract on the workplace is an optional (that is, optional) specification of the condition on the place of work. We recommend (if necessary) assigning an employee to a workplace not by an employment contract (in order to avoid subsequent problems with changing this condition of the employment contract), but by a unilateral document (organization order, subdivision order, notification, etc.).

When registering an employee part-time worker focus his attention on the fact that part-time work (as opposed to freelancing) is being performed regularly, he is entitled to leave, as well as at the main place of work, but it is forbidden to go into it without permission. As practice shows, many employees perceive part-time work as additional income if they have free time, not realizing that a second job is the same obligations, which is when the main is executed.

THE EMPLOYEE DIDN'T GO TO WORK: WE RECORD THE ABSENCE

On the first day of an employee's absence from work, we cannot be sure that he is absenteeism (or even disappeared), and not sick.

A clear fixation of absenteeism will help if the fact of absenteeism is confirmed over time, and it will not hurt if the employee brings a certificate of incapacity for work. The act of non-appearance must be drawn up in the presence of two witnesses. It is better if employees from related departments act as them - if the employee begins to challenge his dismissal in court, he will not be able to refer to the pressure allegedly exerted on witnesses by the head.

The Labor Code of the Russian Federation does not oblige the employer to immediately start an active search. But if the missing employee is a responsible person, lives alone, and his phone is not answered, we recommend that you go to his home - perhaps the employee needs urgent help.

For example, dentist N. did not come to work on time. None of the colleagues heard that the doctor planned to leave urgently or complained about feeling unwell. The head of the department called him throughout the day, but the phone was silent. Worried about N.'s absence, she went to his house. Nobody opened the door. When the local policeman called opened the apartment, it turned out that the 45-year-old man was dead (as it turned out, due to a stroke).

In the event of an employee’s absence from work, the letter code “НН” or the number 30 (absence for unknown reasons (until the circumstances are clarified)) is put on the time sheet. If the timesheet is maintained:

If the organization is large, with a complex structure, for the uniformity of workflow, the procedure for recording working time in the absence of an employee should be clearly stated in the local regulatory act.

If there is no certainty that the employee is sick, for the first week it makes sense to draw up acts of his absence daily, in the future, you can limit yourself to an act of absence of the employee during the week, drawn up on Fridays. This issue is not regulated by law, so you need to be guided by common sense and judicial practice.

The legislation also does not establish a fixed list of documents that must be issued without fail when absenteeism. In the courts as evidence more often recognized:

time sheet with appropriate marks;
acts or memos on the absence of the employee at the workplace;

EDITOR'S NOTE

As well as certified printouts from the electronic system for recording the entry and exit of employees (paragraph 5, clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”).

notification to the employee with a request to report the reasons for absenteeism (Appeal ruling of the Moscow City Court dated August 2, 2013 No. 11-15221).

EDITOR'S NOTE

In addition, if written explanations are not received from the employee, in accordance with Art. 193 of the Labor Code of the Russian Federation, an act on the failure to provide explanations must be drawn up. The courts in their practice in most cases are of the opinion that the employer lawfully applied a disciplinary sanction, including dismissal for absenteeism, if the employee did not receive notification of the provision of written explanations requested by telegram (or letter), for reasons beyond the control of the employer (Appeal ruling of the Moscow City Court dated July 28 .2014 No. 33-29793/14).

WE FIND OUT THE REASON FOR NON-APPEARANCE

If an employee brings a certificate of incapacity for work or a certificate of contact with a doctor, all documents about his absence should be filed in the appropriate file. Destroy them categorically impossible!

If the employee does not present supporting documents, in accordance with Art. 193 of the Labor Code of the Russian Federation, the employer is obliged to ask him written explanation. The Labor Code of the Russian Federation does not oblige the employer to draw up a request (notice) in writing (example 2 ® ), but in court a document is always a more weighty argument than words. Therefore, it is better to make a request in duplicate, hand one to the employee, on the second ask him to sign.

Example 2

Notice of the need to explain the reasons for non-attendance

If within two workers days the employee does not provide written explanations, an appropriate act should be drawn up.

The employee's failure to provide explanations is not an obstacle to the application of a disciplinary sanction (including dismissal) (part 2 of article 193 of the Labor Code of the Russian Federation).

If an employee does not go to work for a month or more and does not answer the phone, the search should be intensified. You can call him at home after work - it is likely that his relatives (and possibly the employee himself) will be able to clarify the situation. Since it is difficult to involve witnesses in a telephone conversation in the evening, try to record the conversation on a voice recorder, and state the results of the call the next day in a memorandum addressed to the head. Recording a phone conversation on its own is not sufficient reason for dismissal for absenteeism, but will be additional evidence of the employer's rightness.

It is also necessary to send registered letters with acknowledgment of receipt to all known addresses where the employee may be, with a requirement to explain the reasons for non-appearance in writing within 2 days, and if this is not possible, contact the personnel department or direct supervisor by phone.

EDITOR'S NOTE

It is better if the letters are valuable from investment inventory(to exclude speculation on the part of the employee) and, of course, with a return receipt.

WHAT IS TRUE?

Dictionary

Absenteeism- absence from the workplace without good reason during the entire working day (shift), regardless of its (its) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift) (sub. "a "clause 6, part 1, article 81 of the Labor Code of the Russian Federation).

There is no exhaustive list of valid reasons for the absence of an employee from work. To assess the misdemeanor, one should be guided by judicial practice:

1. good reasons absence from the workplace, courts in some cases consider:

visiting a lawyer in order to get advice on the violation of labor rights (Determination of the Moscow Regional Court dated November 24, 2011 in case No. 33-26558);
being on leave without pay, when such leave is required for the employee by law in accordance with Part 2 of Art. 128 of the Labor Code of the Russian Federation (Appeal ruling of the Kemerovo Regional Court dated August 17, 2012 in case No. 33-7790);
illness of an employee, including in the absence of a certificate of incapacity for work (Appeal ruling of the Supreme Court of the Republic of Mordovia dated February 21, 2013 in case No. 33-426 / 2013);

EDITOR'S NOTE

Note that there is also an opposite judicial practice, for example, Determination of the Chelyabinsk Regional Court dated July 10, 2014 No. 11-7179 / 2014 on recognizing the abuse of the right of an employee not to notify the employer of his temporary disability and that in this case there are no obstacles to the dismissal of the employee at the initiative of the employer.

fire, short circuit, emergencies, natural disasters (Appeal ruling of the Khabarovsk Regional Court dated March 1, 2013 in case No. 33-1372 / 2013).

2. Bad reasons clearly recognized:

unauthorized termination of work before the expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation) or a notice of dismissal (Part 1 of Article 80, Article 280, Part 1 of Article 292 and Part 1 of Article 296 of the Labor Code of the Russian Federation);
unauthorized use of days off or unauthorized leave on vacation (subparagraph “e”, paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (as amended on September 28, 2010).

The above lists are not exhaustive - it is impossible to foresee all life situations, but, focusing on them, you can more objectively assess the degree of guilt of an employee.

HOW TO DEAL WITH A TRUGGER

According to the Labor Code of the Russian Federation, the employer has the right to dismiss an employee for absenteeism (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation), but is not necessarily obliged to do this. Moreover, in accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, when imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed should be taken into account.

extraction

from the Labor Code of the Russian Federation

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

ADVICE

If you are not sure that the employee is absent without good reason, we recommend that you periodically call him in the presence of witnesses, draw up acts on the results of negotiations, and also periodically (for example, once a month) send registered letters demanding to explain the absences.

If the employee is really absenteeism, you should write a memo addressed to the head of the organization detailing all the circumstances that allow qualifying the absence of the employee as absenteeism, and attach all available documents to it (absence certificates, notices of delivery of registered letters or returned letters, memos of employees clarifying the circumstances of the absence, etc.). These documents are grounds for dismissal of an employee for absenteeism, and All of them should be listed on the notice of dismissal. The date of dismissal of the employee will be the date the head of the organization signs the order to dismiss the truant (parts 3 and 6 of article 84.1 of the Labor Code of the Russian Federation). In the order (as well as in the work book and personal card), the record of the reason and grounds for dismissal must exactly repeat the wording set out in the Labor Code of the Russian Federation (“fired / fired for absenteeism”).

The situation with missing workers is ambiguous:

NOTE

It is forbidden to fire pregnant women, even if the fact of absenteeism is confirmed!

WORKER IS FIRED. WHAT'S NEXT?

Part 2 Art. 84.1 of the Labor Code of the Russian Federation obliges the employer to familiarize the employee against signature with the order of dismissal, and part 4 of the same article - to issue a work book on the day of dismissal.

According to part 6 of Art. 84.1 of the Labor Code of the Russian Federation, if the employee is dismissed for absenteeism, the employer is relieved of responsibility for keeping the work book, but there is an obligation to issue it no later than three days from the date of receipt of the employee's written request.

On the dismissal order, a note should be made about the impossibility of bringing its contents to the attention of the employee due to his absence from work (part 2 of article 84.1 of the Labor Code of the Russian Federation). We recommend that you make a similar entry in your personal card.

Regardless of the reason for dismissal, on the day of dismissal, you must make a full settlement with the employee: pay all due wages, as well as compensation for unused vacation. If the employee does not have a bank card, the accrued amounts are deposited.

Strict adherence to all the measures described in this article will help you avoid mistakes when parting with truants and prove your case in court.

Conclusions:

A clear fixation of absenteeism will help if the fact of absenteeism is confirmed over time, and it will not hurt if the employee brings a certificate of incapacity for work.
The employee's failure to provide explanations is not an obstacle to the application of a disciplinary sanction. When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.
Regardless of the penalty applied, it is necessary to strictly observe the procedure prescribed in Art. 193 of the Labor Code of the Russian Federation.

Accordingly: temporary disability with benefits, temporary disability without pay or absenteeism.

Accordingly, there is no need to send a notification to an employee fired for absenteeism about the need to pick up a work book - Note. scientific editor.

A good reason for absence from work helps the employee avoid disciplinary punishment. In the material you will find a list of such reasons and the procedure for the employee to justify his absence from the workplace.

Reasons for absence from work: general classification

The reasons for the absence of an employee in the workplace are of two types: respectful and disrespectful. The qualification of the reason and its assignment to one or another group is carried out by the employer - only in his competence is the assessment of the legality of the employee's absence from work during working hours.

Important! The absence of a good reason for an employee is the main sign of absenteeism, for which you can lose your job (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation).

The absence of a valid reason for an employee will inevitably entail the imposition of a disciplinary sanction on him.

The material will help to document the punishment due to the lack of valid reasons for the employee "Order on disciplinary action - sample and form » .

An employee can avoid disciplinary action (including dismissal) if he justifies his absence with the help of arguments called good reasons in labor relations.

All valid reasons for the absence of an employee at work can be classified into 4 groups:

reasons caused by force majeure;
reasons due to the personality of the employee;
documented permission of the employer;
legislative norms.

These groups will be explained in the following sections.

Good Reason List

Appearing at the workplace on time can be prevented by objective reasons, when the desire to work alone is not enough - it can be prevented by force majeure circumstances:

accidents;
catastrophes;
weather disasters;
military operations, etc.

The employee is not able to influence these circumstances, but he may become their unwitting participant, as a result of which it will not be possible for him to get to work on time.

The next group of valid reasons is directly related to the employee himself, his children or his place of residence. Such reasons for his absence during working hours at the workplace can be represented as follows:

illness of the employee or his child;
participation in a court session as a juror;
call for military training;
participation of an employee in a mandatory periodic medical examination;
communal accident at the place of residence of the employee, etc.

The following group of reasons, by their nature, cannot cause disciplinary punishment (if the written consent of the employer is obtained), however, it justifies the absence of the employee at the place of performance of his labor duties:

death of a close relative;
wedding;
the birth of a child, etc.

The last group of valid reasons is quite rare, but it is necessary to know about its presence so that the consequences of the employee’s absence from the workplace do not cause unnecessary proceedings (including litigation).

Among such reasons can be attributed the norm of labor legislation, reflected in Art. 142 of the Labor Code of the Russian Federation - if the employer has delayed the payment of wages for more than 15 days, the employee has the right to suspend work and, as a result, be legally absent from the workplace. In this case, the employee will have to notify the employer in writing about the suspension of work.

What kind consequences , in addition to the absence of workers in the workplace, arise for the employer when wages are delayed, read in this article .

Absence from work: how to justify and insure?

Finding the reason for your absence from the list of valid ones is not always enough to justify the situation and not in all cases helps to avoid punishment. For example, a person was sick, but did not apply to a medical institution and does not have documentary evidence (certificate or sick leave). In this situation, everything will depend on the decision of the employer, the reputation of the employee himself and the degree of trust in him by the management.

In any case, the employee must notify the employer of all his absences (by phone, e-mail, orally, etc.). In addition, it is still necessary to take care of documentary confirmation of the situation, as a result of which the employee could not be present at the workplace during the working period (summon from the military registration and enlistment office, document from the medical institution, etc.).

Additional documentary arguments will allow the employer to make an informed decision and not violate the rights of the employee, and in some cases will help to cancel the punishment imposed by the employer for absence from the workplace.

How to issue removal of punishment m. in the material "Order on the removal of a disciplinary sanction - a sample" .

Results

A good reason for absence from work allows the employee to avoid disciplinary action. It is better to support it with documentary evidence, and as soon as possible, the employer should be notified of the occurrence of situations that prevent the employee from being present at work.

Workers and employers are often unaware of valid reasons for absenteeism, which leads to some misunderstanding and can subsequently lead to protracted disputes and litigation. This is due to the fact that the valid reasons for non-appearance according to the Labor Code are extremely vague. However, below you can find a list of good reasons for absenteeism, which will help both employees and personnel officers, managers and employers to avoid problems associated with possible absenteeism.

Valid reasons for absenteeism - what is it

In itself, it is a disciplinary violation, for which the employer has the right to hold the worker liable. At the same time, the degree of responsibility and its consequences for employees are extremely high - after all, the provisions of the Labor Code of the Russian Federation provide for the possibility of dismissal for a single absenteeism without any extenuating circumstances that must be taken into account. However, the presence of good reasons for absenteeism avoids any kind of disciplinary liability.

The concept of good reasons is not directly considered by Russian law as a separate term and simply provides for the existence of certain objective circumstances under which a person’s actions or inaction cannot be punished. Accordingly, the most frequently related aspect is the principle of guilt. Guilt occurs if a person is guilty of a misconduct, that is, he committed it intentionally or recklessly, understanding all the possible consequences of his actions or inaction and knowing about the possibility of avoiding a negative course of events. If there is guilt and the corresponding reason for the absence of such a person from work, study, court or investigating authorities, it cannot be considered valid.

However, there are certain situations in which the reasons for not showing up to work are automatically recognized as valid - despite the fact that this is not directly stipulated. The application of disciplinary sanctions for such reasons is considered a direct violation of labor legislation and cannot be legal - in the event of a trial, the court will always take the side of the employee. But besides this, there are a number of reasons that both can be considered valid and are not recognized as such - and judicial practice shows different solutions when considering this issue. Therefore, each variety of valid reasons for absenteeism should be considered separately.

If the employee was when he had a good reason, then the ignorance of the employer does not exempt the latter from responsibility for his actions - the employee may demand through the court reinstatement, payment of compensation to him, including moral damage, as well as wages for all the time of forced absenteeism, as well as the subsequent change in the reason for dismissal in the work book.

Valid reasons for non-attendance at work according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation, employees have the right not to visit the workplace due to certain circumstances. At the same time, these situations are directly divided into cases where management notification is mandatory, and when no direct indications of the need for such notification are provided. Accordingly, the reasons under consideration can be considered valid both unconditionally, regardless of the notification of the employer, and subject to the mandatory notification of the impossibility of attending the workplace.

The reasons requiring mandatory notification include situations considered by the provisions of Articles 128 of the Labor Code of the Russian Federation, which regulates leave at its own expense, as well as Articles 125, 262, 262.1, 267 of the Labor Code of the Russian Federation, which regulate certain cases of employers providing paid vacations at the first request of an employee. In total, such cases that, when an employee declares, are unequivocally good reasons, look as follows:

In all of the above situations, notification of the employer, in the presence of the above grounds in accordance with the Labor Code of the Russian Federation, clearly implies the validity of the reason for not showing up for work. At the same time, the employer has no right to refuse employees to fulfill their legal requirements.

In order to confirm your rights and the fact of notifying the employer, in the presence of the above good reasons, it is recommended to send a notification or duplicate it by sending a registered letter with a list of attachments and a notification of receipt.

The cases when the reason for not showing up for work is unambiguously valid, regardless of the fact of notification, according to the provisions of the Labor Code of the Russian Federation, include:

The period of the employee, regulated by the provisions of Articles 81 of the Labor Code of the Russian Federation and 183 of the Labor Code of the Russian Federation. If an employee or his child or a close relative in need of care falls ill, he may receive sick leave and, accordingly, be released from work duties for this period.
or its components. If an employee is a donor and donated blood, then according to the standards considered by Article 186 of the Labor Code of the Russian Federation, he is released from work duties on that day, as well as on the next day, and notifying the employer is not mandatory.
Participation in . If a worker takes part in a strike organized in accordance with the requirements of the law, then Article 414 of the Labor Code of the Russian Federation prohibits the employer from punishing him for not attending the workplace, since the strike is considered a good reason.
Fulfillment of public duties. If any public or state duties were legally assigned to the employee, during their execution he is released from work, and in this case it is also not required to notify the employer.

Other valid reasons for absenteeism not considered by the Labor Code

Situations that can be attributed to good reasons, despite their absence in the regulations of the Labor Code, also include all circumstances when the employee did not have the opportunity to visit the workplace or arrive on time without his fault in what happened. So, you can consider such cases on several fairly simple and understandable examples:

In all of the above cases, it is recommended that the worker be able to provide some evidence to support a reasonable cause. At the same time, additional factors are taken into account in the event of a dispute. For example, if an employee daily or simply repeatedly was late or did not show up for work due to utility accidents or traffic jams, then this is clearly his fault, since he had to foresee the impact of these factors on his work activity and ability to fulfill his duties to the employer.

Consequences of not showing up for work without good reason

If an employee does not show up for work, he will be counted absenteeism. Truancy is a serious disciplinary violation and, according to Article 81 of the Labor Code of the Russian Federation, the punishment for it may even be dismissal upon the fact of one such case. However, it should be noted that the compliance of the sanction must correspond to the misconduct - judicial practice often recognizes such dismissals as invalid, for example - if the worker had an ideal track record, there were no disciplinary sanctions in principle and he worked for the employer for a long time, then such a sanction for a one-time violation is likely to be overturned by the courts.

In general, the employer has the right to independently determine the degree of responsibility of the employee for the committed disciplinary offense, applying not necessarily dismissal, but also a reprimand or remark. In addition, the employer has the right to refuse to apply a disciplinary sanction on his own initiative in principle.

The same violation cannot result in more than one disciplinary action.