Absence from the workplace due to illness. Absence of an employee: absence for a good reason or absenteeism? On the reasons for the absence of an employee at the workplace

Absenteeism- this is the intentional absence of an employee of the organization at the workplace without a good reason during the entire working day or shift or a significant part of the working time, in particular, for 4 hours in a row.

What is considered truancy

To determine the action of a full-time employee as absenteeism, certain conditions must be met:

Not the appearance of an employee of the organization at the workplace for a long period of time, namely more than 4 hours. If the employee appears within 4 hours after the start of the working day, it is considered late.

Leaving the workplace without permission and before the end of the shift, if it was not documented.

Self-determination by the employee of the time of going on vacation, without issuing an order.

Lack of justified reasons for the misconduct.

Correct documentary registration of violations of labor discipline.

Labor law absenteeism falls into two categories:

Brief absenteeism that usually does not last more than one day.

Long-term absenteeism. With such a non-appearance of an employee, the employer usually does not know where the employee is and why he is not at work.

Possible reasons for the absence of an employee at the workplace

In case of absence from the workplace, the employee must give a written explanation indicating the reason for the misconduct.

In the Labor Code of the Russian Federation, possible reasons are divided into:

Good reasons;

Disrespectful reasons.

Good reasons for the absence of an employee from the workplace

Good reasons include the absence of an employee at work due to circumstances beyond his control, which are not considered absenteeism, namely:

Registration of a certificate of incapacity for work due to illness of the employee himself, as well as for caring for sick children or disabled family members.

Elimination of emergency situations at the employee's place of residence.

Taking part in court hearings as a jury or in various operational investigative operations as a witness. Confirmed by a subpoena or other document issued by a judicial authority.

Funeral of deceased relatives.

Road traffic accidents on highways.

Force majeure at the employee. For example, an accident, fire, flood or other trouble. Confirmed by certificates from the traffic police, housing department or other authorities.

Elimination of the consequences of natural disasters.

Good reasons must be supported by various vouchers.

Such supporting documents include:

medical certificate;

a subpoena from the court;

traffic police certificate;

help from the housing department.

Absenteeism is not considered a situation when the head of the enterprise was warned in advance about the absence of an employee at the workplace.

Disrespectful reasons for the absence of an employee from the workplace

If you do not provide official documents confirming a valid reason for the absence of an employee, any reason will be classified as unjustified reasons (the employee can provide an explanatory one by attaching supporting documents).

The consequence of unjustified absenteeism by an employee is the employer's application of measures that are aimed at suppressing such actions in the future.

What is the penalty for absenteeism of an employee

Punishments for absenteeism without good reason are spelled out in the Labor Code of the Russian Federation.

Article 193 of the Labor Code of the Russian Federation sets out the procedure for imposing disciplinary sanctions.

The employer can punish an employee for absenteeism by the following actions:

make a comment for the first time.

Absenteeism: details for the accountant

What is the date to dismiss an employee for long absenteeism (did not appear at work for two days): the day the order was issued or the last day of actual work?
An employment contract in the event of truancy is a disciplinary sanction (part ... the day preceding the first day of absenteeism. Since the disciplinary measure is applied ... the day preceding the first day of truancy. labor ... the procedure for dismissing an employee for absenteeism, we recommend that you familiarize yourself with the following ...: - Encyclopedia of decisions. Dismissal for absenteeism; - Encyclopedia of decisions. Procedure for dismissal ...
Dismissal for absenteeism: controversial points
We will tell you how to correctly record absenteeism, take an explanatory from the employee ... We will tell you how to correctly record absenteeism, take an explanatory from the employee ... the employee's job duties, in particular truancy - absence from the workplace ... an explanatory employee , write an explanatory note, you can in ... place; about persons who recorded absenteeism; about the details of the act, which ... of a strict type of disciplinary sanction. * * * Absenteeism can lead to dismissal. But...
Forced truancy: the nuances of payment and taxation
228? We pay for the time of the forced absence. By forced absenteeism is meant the time during ... determined to pay for the time of forced absenteeism, is increased by a special coefficient calculated ... is subject to offset; the amount paid for forced absence reduces taxable profit. "Salary" ... the average earnings for the period of forced absenteeism refers to the compensations established ... earnings paid for the time of forced absenteeism are withheld by personal income tax. When charging ...
If the employee has not returned from vacation
After the vacation for no good reason, he was absent, so to speak, the employer has the right ... to issue an order to dismiss for absenteeism (many employers do this) - ... will demand to pay him the time of the forced absenteeism and pay compensation for moral damage ... leave, for absenteeism: terms of bringing to disciplinary responsibility ... that the employee really committed absenteeism. * * * While on vacation, an employee ... clearly follows that he has committed absenteeism, you can initiate dismissal for ...
Absence of the chief accountant in the workplace
On the reasons for absenteeism: absenteeism, dismissal. The fact that ... the employee of labor duties, in particular, truancy, that is, in the absence of ... the collection of wages during the forced truancy, the following position was formulated. Courts ... leave, so her dismissal for absenteeism without good reason is legal ... place (drawing up an act). A document confirming absenteeism will be required in the future ... the right to impose a disciplinary penalty for absenteeism (Article 193 of the Labor Code of the Russian Federation) ↓ ...
The auditors found violations. Does the chief accountant face a threat of dismissal due to loss of confidence?
Wages for the period of forced absenteeism, compensation for moral damage and judicial ... wages for the time of forced absenteeism By virtue of the requirements of Art. 394 ... wages during forced absences. However, as noted above, .... Considering that the number of days of forced absenteeism was 171 days, the chief accountant lost ... wages during the forced absence, compensation for moral damage and litigation ... the amount of earnings during the forced absence, judges will be guided by the conditions ...
Dismissal by the rules. Part I
Influence the mitigation of punishment for absenteeism. Sofya Povzikova, head of department ... the nuances of dismissing employees for absenteeism. The nuances of dismissal for absenteeism In the Labor Code ... one-time and long-term. In addition, truancy can be considered: unauthorized absence from ... by the employer. Even in the case of a one-time absenteeism, an employee can be fired. So ... about how to document the fact of absenteeism, but in practice they use: ... shift) absence of an employee. However, if the absenteeism dragged on, then the Acts can be drawn up ...
Review of court practice on taxes and labor disputes from September 15 to October 15, 2019
Appeared - the court declared the dismissal for absenteeism illegal The worker warned in writing about ... did not come out. She was fired for absenteeism. An employee, considering her dismissal ... a maternity hospital. The employer interpreted this as absenteeism. The employee disputed through the court ... - the court did not consider it absenteeism According to the results of the pre-trip medical examination of the driver ... Later, the employer fired him for absenteeism. The driver contested the actions of the organization. The Moscow City Court ... declared the dismissal illegal. The driver did not skip. He was not absent ...
Dismissal by the rules. Part II
How to properly fire an employee for absenteeism. Sofia Povzikova, head of department ... location? Dismissal for absenteeism must be done accurately and with evidence ... a month from the day the absenteeism was discovered (excluding the absence of ... the employee). When all the evidence of the employee's absenteeism is collected, the employer publishes ... the difficulty is dismissal for prolonged absenteeism. In this situation, there is ... to pay the reinstated employee for the time of forced absenteeism in the amount of the average earnings ...
How the provisions on minimum wages and minimum wages work in the Yamalo-Nenets Autonomous District
A month (sick leave, vacation, absenteeism), how to calculate the supplement to the minimum ... a month (sick leave, vacation, absenteeism), how to calculate the supplement to the minimum ... being on sick leave, on vacation, truancy) has the following features. Recall that ... sick leave, on vacation, forced absenteeism do not cancel the right to receive ... labor and working time). If absenteeism is the fault of the employee, ... for objective reasons (vacation, sick leave, forced absenteeism), the employee's earnings must also correspond ...
To the head of a medical organization on administrative leave
The death of my grandmother. Was fired for absenteeism. The court ruled that the dismissal was illegal, because ... in this case, the employer can fix absenteeism and apply disciplinary measures ... to work. She was fired for absenteeism. She went to court with ... available. Consequently, absenteeism is absenteeism (Appellate ruling of the Omsk Regional Court ... of the Labor Code of the Russian Federation). The legality of dismissal for absenteeism was confirmed in the Appeal ...
What if an employee is missing?
With an absent employee: fire for absenteeism or wait for his return. ... with an absent employee: fire for absenteeism or wait for his return. ... as to dismiss an employee for absenteeism, if he did not report on time ... a penalty in the form of dismissal for absenteeism. Director Vasiliev / L. G. ... they simply fire such employees for absenteeism. But there is a risk: the employee ... amounts and pay for the time of the forced absence. Therefore, the employer for ... Then he can be fired for absenteeism. If the employee really disappeared ...
Review of court practice on taxes and labor disputes from October 15 to December 15, 2019
Changed - the RF Armed Forces did not see absenteeism The employee has been performing since 2008 ... In 2018, the employee was fired for absenteeism because he was absent from the office ... -8727/2018 Moscow City Court: dismissal for absenteeism may be too severe a punishment ... will be. The company fired him for absenteeism. The employee contested the actions of the organization. The Moscow City Court ... a gross misconduct, including absenteeism, a sufficient basis for termination of labor ...
Digest of legal information for specialists in the field of labor law for October 2019
Home - the court did not consider it a truancy. The driver was not allowed ... home and was fired for absenteeism. The driver challenged the company's actions. Court ... dismissal is illegal. The employee did not commit truancy: he was absent from work on the initiative ... did not support the dismissal of the employee for absenteeism, who, due to the hospitalization of his wife ... the maternity hospital. The employer interpreted this as absenteeism. The employee challenged the dismissal through the court ...
Dismissal "on their own". No problem?
The difference, for example, from dismissal for absenteeism. In fact, the termination of labor ... the difference, for example, from dismissal for absenteeism. In fact, the termination of labor ... but the employer fired him for absenteeism, and the court found it legal ... to work. She was fired for absenteeism. The employer referred to the fact that ...

You will learn:

What does absenteeism 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 valid reasons (for example, due to illness), the employee not only does not report his absence to the employer, but also does not confirm the absence from work with supporting documents. In this case, failure to appear is considered truancy.

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 it is absolutely impossible. Often, a seemingly unambiguous situation on further examination turns out to be far from so simple.

How to assess the situation correctly? What documents and in what time frame? How to prevent violations of labor laws? We will consider these and other questions in this article.

MEASURES TO PREVENT TRANSPORTATION LOSS

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

In the Internal Labor Regulations, there must be a clause obliging the employee to warn his immediate supervisor in advance about the impossibility of going to work, about the reasons for absence and the expected period of absence. The fulfillment by the employee of the relevant obligations will help the manager 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 the absent employee. The employees themselves, in turn, must be aware of the colleagues' affairs, which they will need to carry out in the event of his absence (not only unexpected, but also planned (for example, for a vacation or business trip));
the manager must have specific instructions regulating his actions in case of non-appearance of the employee without warning (example 1).

The instructions are of an auxiliary nature; they do not have to be published on the letterhead of the organization and certified by 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 employee failure to appear

Call the employee at all phone numbers you know (home, mobile, etc.) and find out the reason and the possible period of his absence.
Interview subordinates if the employee has spoken about a possible absence from work. If one of the employees is aware of the reasons for the absence of a colleague, ask them to state them in a memo addressed to the head of the organization.
Draw up an act on the absence of the employee, the measures taken to find him and their results.
Take all documents to the HR department and get there instructions on how to proceed with the absent employee.

Specify as clearly as possible in the documents the employee's workplace (workshop, 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 HR services, increasing the workflow, and on the other, will protect the interests of the employer.

The workplace is the place where the employee must be or where he 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) clarification of the condition on the place of work. We recommend (if necessary) to assign the employee to the workplace not with an employment contract (in order to avoid subsequent problems with changing this term of the employment contract), but with a unilateral document (organization order, department order, notification, etc.).

When registering an employee- part-time focus his attention on the fact that part-time work (as opposed to freelancing) is being done regularly, he is entitled to leave, as well as at the main place of work, but it is unauthorizedly prohibited to leave for it. As practice shows, many employees perceive part-time jobs as additional earnings if they have free time, not realizing that the second job is the same obligations, as when executing the main one.

THE EMPLOYEE DIDN'T COME TO WORK: WE FIX A NON-APPEARANCE

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

A clear record of the absence will help if, over time, the fact of absenteeism is confirmed, and it will not hurt if the employee brings a certificate of incapacity for work. The no-show report must be drawn up in the presence of two witnesses. It is better if workers from related departments act in their capacity - if the employee begins to challenge his dismissal in court, he will not be able to refer to the alleged pressure 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 does not answer, we recommend that you go to his house - perhaps the employee needs urgent help.

for instance, the dentist N. did not come to work on time. None of the colleagues heard that the doctor was planning to leave urgently or complained of poor health. The head of the department called him all day, but the phone was silent. Concerned about N.'s absence, she went to his house. No one opened the door. When the called local policeman opened the apartment, it turned out that the 45-year-old man was dead (as it turned out, due to a stroke).

If the employee does not go to work, the letter code "NN" or the number 30 is put in the time sheet (failure to appear for unclear reasons (until the circumstances are clarified)). If the timesheet is maintained:

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

If you are not sure that the employee is sick, for the first week it makes sense to draw up acts on his absence every day; in the future, you can limit yourself to an act on the absence of the employee during the week, drawn up on Fridays. This issue is not regulated by the legislation, therefore one should be guided by common sense and judicial practice.

The legislation also does not establish a fixed list of documents that must be drawn up in case of absenteeism. In courts as evidence most often are recognized:

time sheet with appropriate marks;
acts or service notes on the absence of an employee at the workplace;

NOTE FROM SCIENTIFIC EDITOR

As well as certified printouts from the electronic system for recording the entry-exit of employees (paragraph 5, clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.28.2014 No. 1 "On the application of legislation regulating the work of women, persons with family responsibilities and minors").

notifications to the employee with a request to inform about the reasons for absence from work (Appeal determination of the Moscow City Court dated 02.08.2013 No. 11-15221).

NOTE FROM SCIENTIFIC EDITOR

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 of 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 disciplinary action, including dismissal for absenteeism, if the employee does not receive notification of the provision of written explanations requested by telegram (or letter), for reasons beyond the employer's control (Appeal ruling of the Moscow City Court dated 28.07 .2014 No. 33-29793 / 14).

WE FIND OUT THE REASON OF NON-APPEARANCE

If an employee brings a certificate of incapacity for work or a certificate of visiting a doctor, all documents confirming his absence should be filed in the appropriate file. Destroy them absolutely not!

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

Example 2

Notice of the need to explain the reasons for failure to appear

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

Failure to provide explanations by the employee is not an obstacle to the application of disciplinary action (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 phone calls, searches should be intensified. You can call him at home after work - there is a high probability that his relatives (and possibly the employee himself) will be able to clarify the situation. Since it is difficult to attract witnesses to a telephone conversation in the evening, try to record the conversation on a dictaphone, and state the results of the call the next day in a memo addressed to the manager. Recording a telephone conversation by itself is not a sufficient reason for dismissal for absenteeism, but it will be additional proof of the rightness of the employer.

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

NOTE FROM SCIENTIFIC EDITOR

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

WHAT TO CONSIDER A WALK?

Dictionary

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

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

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

visiting a lawyer in order to get advice on violation of labor rights (Determination of the Moscow Regional Court of November 24, 2011 in case No. 33-26558);
being on leave without pay, when the employee is entitled to such leave by law in accordance with Part 2 of Art. 128 of the Labor Code of the Russian Federation (Appellate ruling of the Kemerovo Regional Court of 17.08.2012 in case No. 33-7790);
illness of the employee, including in the absence of a certificate of incapacity for work (Appeal ruling of the Supreme Court of the Republic of Mordovia dated 02.21.2013 in case No. 33-426 / 2013);

NOTE FROM SCIENTIFIC EDITOR

Note that there is also the opposite jurisprudence, for example, Definition of the Chelyabinsk Regional Court dated July 10, 2014 No. 11-7179 / 2014 recognizing the abuse of the right of non-notification by the employee to the employer about his temporary incapacity for work and about the absence in this case of obstacles to dismissing the employee at the initiative of the employer.

fire, short circuit, emergencies, natural disasters (Appellate ruling of the Khabarovsk Regional Court dated 01.03.2013 in case No. 33-1372 / 2013).

2. For disrespectful reasons are unambiguously recognized:

unauthorized termination of work before the expiration of the employment contract (article 79 of the Labor Code of the Russian Federation) or a warning 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 "d" of clause 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 by focusing on them, you will be able to more objectively assess the degree of the employee's guilt.

HOW TO DO WITH A WALKER

According to the Labor Code of the Russian Federation, the employer has the right to fire an employee for absenteeism (subclause "a", clause 6, part 1, article 81 of the Labor Code of the Russian Federation), but it is not obligatory 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 and the circumstances in which it was committed must be taken into account.

Retrieving

from the Labor Code of the Russian Federation

Article 193. Procedure for the application of disciplinary sanctions

Before a disciplinary action is taken, 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 disciplinary action.

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

A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The indicated time limits do not include the time of the criminal proceedings.

Only one disciplinary sanction may be applied for each disciplinary offense.

The employer's order (order) 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 (order) against signature, then an appropriate act is drawn up.

A disciplinary sanction can 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 reports on the results of negotiations, and also periodically (for example, once a month) send registered letters demanding an explanation of the failure to appear.

If the employee is really absent, you should write a memo addressed to the head of the organization detailing all the circumstances that make it possible to qualify the absence of the employee as absenteeism, and attach to it all available documents (certificates of absence, notifications of delivery of registered letters or returned letters, memos of employees , clarifying the circumstances of failure to appear, etc.). These documents are grounds for dismissing an employee for absenteeism, and All of them must be listed in the order of dismissal. The date of dismissal of the employee will be the date of the signing by the head of the organization of the order to dismiss the truant (parts 3 and 6 of Art. 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 (“dismissed / dismissed for absenteeism”).

The situation with the missing workers is ambiguous:

NOTE

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

EMPLOYEE FIRED. WHAT'S NEXT?

Part 2 of Art. 84.1 of the Labor Code of the Russian Federation obliges the employer to familiarize the employee with the order of dismissal against signature, 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 an employee is fired 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 order of dismissal, a note should be made that it is impossible to bring its content 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 making a similar entry in your personal card.

Regardless of the reason for the dismissal, on the day of dismissal, you must make a full settlement with the employee: pay all the 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 record of the absence will help if, over time, the fact of absenteeism is confirmed, 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 disciplinary action. When imposing a disciplinary sanction, the gravity of the offense 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 incapacity for work with benefits, temporary incapacity for work without pay or absenteeism.

Accordingly, there is no need to send an employee who was dismissed for absenteeism a notice of the need to pick up a work book - Approx. scientific editor.

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

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

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

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

What is truancy?

Important! It should be borne in mind that:

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

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

Sometimes an employer or employee interprets the concept of absenteeism in their own way. For some, it is a failure to show up for work without warning, for others, being late, and someone believes that absenteeism is a refusal to do extra-curricular work. To resolve disputes, it is necessary to study what the legislation says. The legal definition of truancy is given in Art. 81 of the Labor Code of the Russian Federation.

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

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

absence for 4 or more hours;
disrespectful reason;
month prescription of the offense.

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

What is the fact of absence from the workplace?

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

In this matter, you should first study the job description and the employment contract with the employee, as well as the collective agreement, if any. Additionally, other local acts (orders, instructions, regulations) that determine the "workplace" for a particular employee can be used.

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

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

Absence from work

The law gives the employer the right to dismiss an employee for absenteeism if the employee has been absent for 4 or more hours. It means that, if the absence is recorded for exactly 4 hours or less, then you cannot be fired for absenteeism. Yes, other disciplinary action can be taken, such as reprimand, but not dismissal. With the knowledge of how to fire a person for absenteeism, workers sometimes take advantage of this four-hour period to prevent absence from absenteeism.

How is the time of absence from the workplace calculated correctly?

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

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

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

In total, 4 hours 10 minutes will be skipped for the whole day. This can be classified as absenteeism, subject to other procedural requirements.

Good reasons for truancy

The legislator for the current 2020 does not give in any article of the Labor Code a definition of what are valid reasons for absenteeism. It is believed that this fact must be established within the framework of the proceedings, that is, separately in each individual case. In practice, a valid ground is a ground that has arisen against the will of the employee.

That is, they are recognized as respectful:

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

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

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

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

Step-by-step procedure for dismissal for absenteeism

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

It is important to follow all procedural formalities in order to avoid litigation. After all, if the procedure for actions and paperwork is violated, then the dismissal may be declared illegal in court, the employee will be reinstated in his position, and the employer may be obliged to pay compensation.

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

Document the fact of absenteeism. This can be done by making up an employee's absence. The act is drawn up in the presence of witnesses (2-3 people). It is also permissible if the immediate supervisor submits a report on the commission of an offense to a subordinate to a superior supervisor.
... The explanatory note is prepared only in writing. Verbal explanations are not appropriate. Term - 2 days.
Based on the results, either an official investigation is closed, or an act is drawn up. Also, in the absence of an employee's explanations within 2 days, a corresponding one is drawn up (Article 193 of the Labor Code of the Russian Federation).
A decision is made on the application of a penalty. The right to dismiss for absenteeism is not an obligation, that is, the employer may not dismiss the employee, but apply a different type of penalty.
A dismissal order is being prepared.
To acquaint the employee with the order.
To issue the dismissal by an entry in the work book.

The nuances of actions for a long absenteeism

Particularly noteworthy is the situation when a long absenteeism is committed. Upon dismissal for a long absenteeism, the step-by-step instructions are almost the same as with the usual, that is, discrepancies:

Record absence: compose, enter data into.
Make up about the need to appear and provide an explanation.
Send a notification to an employee at a known postal address.
After receiving the delivery notification, wait 2 days + the time required for the delivery of correspondence.
In case of failure to provide explanations and confirmation of the fact of receipt of the notification, draw up an act.
Take steps to ascertain the reasons for the absence if the notification has not been received. This stage is not mandatory, but recommended in order to avoid problems in a possible litigation after. You can make calls to the employee's relatives, get their testimony.
Make up about the activities carried out, recording the information received. Optional.
Checkout.
Draw up an act on the impossibility of acquainting the employee with the order.
Enter information in the work book.
Make a payment calculation.
Send a notification to the employee about the need to obtain a work book.

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

It will also be reasonable to draw up daily reports on the absence of an employee during the entire period of absenteeism, or record it in another accessible way, for example, by making notes in the arrival and departure log, in order to comply with the procedure for dismissal for absenteeism without a good reason.

Registration of procedural papers

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

As part of the investigation, a decision may be made to dismiss for absenteeism without a good reason, if the employee refused to provide an explanation why he was not there. Or he did not confirm the documented reason, even if he considers it valid. An act should be drawn up about this.

date of dismissal

If there is a dismissal for absenteeism, then on what day should you dismiss? It's not an easy question. To make a decision, you need to be guided by Art. 84.1 of the Labor Code of the Russian Federation. According to its content, the last working day of an employee is the date of his dismissal, if for other reasons he did not have a job. In the case of absenteeism, the last day the employee worked is the previous day of absenteeism, provided that a valid reason has not been confirmed.

Therefore, if the absenteeism was one-time and the employee subsequently appeared and gave explanations that were regarded as an unjustified reason, the date of dismissal and the order of dismissal for absenteeism will correspond to the day of receipt of the explanatory note. if absenteeism is of a prolonged nature, the daily absence of the employee is confirmed by acts and the time sheet, and no explanations have been received, then dismissal is allowed on the last working day. However, the dismissal dated the day the final act on the lack of explanation was drawn up would not be a violation either.

Registration of a work book

Entering data into a work book is the final stage of dismissal. If you do not know or are not sure under which article they are fired for absenteeism, then Article 81 of the Labor Code of the Russian Federation regulates the dismissal for absenteeism. Information is entered into the employee's work book on the basis of an order. Registration data of the order itself is written in the column "Name and date of the document". Sample employment record of dismissal for absenteeism:

First, the number of the ordinal entry is indicated, the deadline is not skipped. Next, the date of entering the information is prescribed, which must coincide with the date of dismissal and the publication of the order. Further, it is indicated in words in the labor record of dismissal for absenteeism (). After that, the signature and the name of the position of the responsible person are affixed. The entry is certified by the seal of the company.

Sometimes the employer can terminate the contract and dismiss not for absenteeism, but if the employee is recognized as dead or missing. For this, it is necessary to have a court decision (here in detail about), securing this fact. The employer can initiate the process himself, or another interested person, for example, a relative, will file a claim.

The entry in the work book will look like this:

Special cases of dismissal for absenteeism

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

Dismissal and sick leave

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

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

Can a pregnant woman be fired for absenteeism?

Employers are often willing to fire a woman in a position. Especially if she commits wrongdoing. However, the question is: "How to fire a pregnant woman for absenteeism?" - has a simple answer: "Nothing."

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

Lawyer of the collegium of legal protection. He specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

An employee's truancy must be formalized in accordance with applicable labor laws. How to prove the absence of an employee from the workplace? What documents must be used 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, truancy is the absence of an employee at 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 the internal labor schedule.

And what do modern employers mean by truancy? Of course, the absence of employees for work on time can cause a lot of trouble for the company's management. And employers often intimidate staff with dismissal for being late for work, late lunchtime, early departure from work, etc. But these situations, as a rule, are not truancy.

On the other hand, the Labor Code of the Russian Federation does not contain a clear list of valid reasons. Our legislators leave this issue to the discretion of the company's management. Apparently, the manager must independently assess the degree of respect for 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, a certificate from a medical institution, traffic police, housing company management, etc. etc.

IMPORTANT! If an 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.

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

Important conditions for admitting truancy

In judicial practice, there are cases when truants won lawsuits due to an incorrectly executed and not documented fact of truancy and were reinstated at work. That is why the employer must carefully prepare all documents related to absenteeism. That being said, you shouldn't do it retroactively. As practice shows, such facts are provable and the court will take the side of the employee who committed absenteeism.

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

If the employee is absent from the workplace during the entire work shift (even if it lasts less than 4 hours).

If a workplace is not documented for an employee 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 working.

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

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

Absent from work for no valid reason.

The employee must confirm each of his absences from the workplace with supporting documents. For example, a sick leave, a summons to court or an inquiry, a certificate from a medical institution and other documents. At the same time, the employer has no right to fire a pregnant woman who has committed absenteeism.

With the proof of the fact of absenteeism.

Every absenteeism must be documented. Otherwise, if the employee goes to court, justice will not be on the employer's side.

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” p. 6, states that in case of absenteeism, the employer can legally dismiss the employee. In this case, the conditions mentioned earlier must be met.

But should a manager always 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 give an employee a reprimand, a remark, or simply ignore the absenteeism.

In some cases, the dismissal of an employee is possible due to his leaving on unauthorized leave without warning the management. Each enterprise should have an annual vacation schedule. It is brought to the attention of employees. The lack of a schedule is considered a violation of labor law.

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 articles useful:

"How to properly arrange a vacation followed by dismissal?" ;
"Order for annual paid leave - sample and form" .

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

If the employer dismisses an employee for absenteeism, he makes an appropriate 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 an employee's 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 a dismissal or disciplinary order for the day of truancy. The main thing is to record the fact of a person's absence from his workplace in the presence of several witnesses.

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

After drawing up the act and before clarifying the reasons for the absence of a potential truant at the workplace (if any), a mark "NN" is put on the time sheet in the form of T-12 and T-13 (failure to appear for unexplained reasons). In the future, if the employee submits supporting documents, the mark "NN" is corrected, for example, to "B" (sick leave). If the employee does not have such documents, "PR" (absenteeism) is put down.

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

"Timesheet of working hours in the form of T-12 - form";
"Unified form T-13 - form and sample" .

When an employee appears at the workplace, it is imperative to take a written explanation of the reasons for the absence from him (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 the dismissal be declared illegal if the fact of absenteeism has been proven? The employee can 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 the absenteeism and did not assess the severity of the offense and the circumstances of its commission.

IMPORTANT! In case of truancy, be sure to ask the employee for a written explanation.

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

If the employee refused to receive a notification or did not provide an explanation after the expiration of the specified time, this should also be recorded by an act in the presence of witnesses.

Documentary registration of an employee's truancy

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

The final decision on punishing an employee for absenteeism is made by the employer himself. An employee can be held liable for absenteeism in the form of:

Layoffs. When dismissing for absenteeism, you do not need to draw up 2 orders - on the imposition of a disciplinary penalty and termination of the employment contract. An order to terminate the employment contract is sufficient. As a basis for such an order, memoranda, acts, an explanatory statement from the employee, a time sheet, that is, documents that prove the fact of absenteeism and justify the dismissal, are indicated.
Disciplinary action. It is drawn up 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 the 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 form of T-6 on granting an employee a vacation.

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

In such an order, it is necessary to reflect the following points:

the fact of violation by the employee of labor discipline, that is, the truancy itself, with an indication of its date;
documents that prove the fact of absenteeism of the employee (memoranda, acts, explanatory from the employee, timesheet);
type of punishment (consequences of violation): reprimand, remark, deprivation of the next prize, etc.

You can download an example of a disciplinary order form on our website. See article "Disciplinary Order - Sample and Form" .

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

Outcomes

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 rules of the internal labor schedule. To recognize truancy, a number of conditions must be met:

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

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

dismissal, which is formalized by an order to terminate an employment contract with an employee;
disciplinary action, which is also formalized by an appropriate 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 drawn up properly at the right time and, if necessary, signed by witnesses of this situation.

Litigation is a complex and serious process. When the case is ready for trial, the judge fixes the date and time of the hearing. Further, the parties to the trial and other participants are notified when and at what address the case will be considered. To do this, they are sent summons, called court notices. There are certain rules for serving summons. In particular, this is done against signature, by registered mail with notification. The person who received the summons is obliged to appear at the court session, except in cases where there are good reasons for not appearing in court.

Why is it important to ensure the attendance of all participants in the trial?

In order for the trial in any case - criminal, civil or administrative - to be as complete as possible, the judge must interview all persons who can provide important information on the merits of the case. The plaintiff and the defendant, the suspect and the victim, as well as witnesses must appear before the court and answer the questions of the judge in detail. The more versatile data on the case, the more objective the decision will be. And since it must be fair, it is imperative that all the persons to whom the court notices were sent are present in the court.

Failure to appear in court without a valid reason - what are the consequences?

The obligation of a person who has received a summons to appear on the appointed day and time at the hearing is established by law. If a person, duly summoned to court, ignored this obligation without good reason, this is regarded as contempt of court and entails certain liability.

The degree of responsibility and sanctions depend on who the person is being summoned to court. So, if we are talking about failure to appear at a hearing in a civil or administrative case of a participant in the process, the amount of the fine ranges from 5 thousand rubles (for an individual) to 100 thousand rubles (such a substantial fine can be imposed on state authorities). When a witness is missed without good reason, the fine can be up to 2,500 rubles.

There is also the concept of forcible bringing to a court session of a participant in the process who systematically does not attend the session. This is usually the case in criminal matters.

Which of the reasons for being absent from the court session are recognized as valid?

Sometimes the persons summoned to the court session cannot be present for good reasons. There is no list of them in legislative acts, but in practice it was formed long ago. What are the valid reasons for not appearing in court?

A rather serious illness of a participant in the trial. A serious illness is considered a disease that does not make it possible to personally appear in court. This also includes the presence of the summoned person on treatment in the hospital of a medical institution.
Too late receipt of the summons, for example, directly on the day of the hearing, due to which the summoned person could not appear in court.
Being on a business trip or leaving for any weighty reason is a common good reason for the defendant's or another participant in the proceedings to fail to appear in court.
Inability to attend the meeting due to difficult personal circumstances (illness or death of relatives).
Force Majeure. Force majeure circumstances - all sorts of disasters, accidents, accidents. For example, a temporary inability to get by transport from a village or a pipe break in a house.

As a rule, good reasons for failure to appear in court are limited to the above. But in each specific case, the court decides this issue on an individual basis.

Reasons for failure to appear that are not considered valid

It all depends on the court's assessment of the circumstances of the summoned person's failure to appear. Practice shows that, for example, the departure on a tourist voucher, even if purchased in advance, is not recognized by the court as a valid reason. A person who lives within walking distance of the courthouse will not be able to refer to the impossibility of getting to the court session due to transport problems.

In addition, documentary evidence of the reasons referred to by the person is required. A certificate from the hospital with a doctor's signature and a stamp, a travel ticket, a certificate from the housing department about an accident in the communal systems in the house - such documents must be provided in order to confirm valid reasons for not appearing in court.

Actions relieving from the consequences of failure to appear in court

There is a legitimate opportunity to miss a hearing and avoid liability for failure to attend. It is enough to apply to the court in advance with a petition to postpone the scheduled meeting or consider the case in your absence. In this case, there is no need for special valid reasons for failure to appear in court; it is sufficient to refer to the impossibility of being present at the hearing “for family reasons”. Usually, the court is loyal to such statements and postpones the date of the hearing without negative consequences for the applicant.