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If the employee did not show up for work. What to do if an employee does not show up for work? Special cases of dismissal for absenteeism

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The employee did not come to work: the actions of the employer

Sometimes an employee does not show up for work for several days. At the same time, no news or explanations are received from him. The question arises, how to find the missing employee, how can he be punished? And quite naturally I want to know how to terminate the employment contract with him through the court?

You can’t just fire a person just because he didn’t show up for work..

There are a huge number of reasons for missing work, ranging from an unexpected illness to detention by law enforcement agencies. It is clear that the reasons for missing work can be valid and disrespectful.

What should an employer do in a situation where his employee does not go to work for several days:

Important! It is impossible to dismiss a person from work without finding out the reason for absenteeism..

First of all, you should find out why the employee does not appear at the workplace.

Absence fixation

If a person did not go to work, this fact must be recorded. Draw up an act indicating the last name, first name and patronymic of the employee, the position he occupies, the date of absence from work. If the employee was not absent all day, then the time of coming to work is specified. Sign the act and ask him to sign three witnesses, who thus confirm the absence of a person at the workplace.

Important! If the gaps continue, draw up such an act every day.

Make the appropriate entries about the absence of the employee for unknown reasons in the time sheet (form T-12, T-13, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1).

A specific code is put on the table:

letter - "NN";
digital "30".

Follow the steps described above daily until the reasons for the person’s absence from the workplace are clarified or until the employer decides to dismiss the employee.

When an employee who has come to his senses eventually appears at the workplace, he can submit a sick leave. But if it turns out that some of the missed days are not confirmed by a medical document, the employee can be fired legally.

Although it is almost impossible to part with an employee during his absence, it is possible to make sure that the losses of the enterprise are minimal. If a person does not go to work for a disrespectful reason, no one pays him these days. That is, there are no costs for an absent employee. If the employee is absent for too long, and his position is important for the enterprise, another person is taken in his place.

ATTENTION! View the completed sample of the certificate of absence from the workplace:

Watch the video. 7 tips on how to fire an employee:

Further actions

Situation #1.

A few days later, the employee comes to work. Demand from him a written explanation of the reasons for absenteeism. Depending on whether the reason was valid, you need to proceed further. If a person just skipped, hold him accountable.

Situation #2.

The employee nevertheless explained the reason for the absence, but did it by mail. As it turned out, he did not have any good reasons for being absent from the workplace. But he still doesn't go to work. In this case, write an order to bring him to justice or an order to terminate the employment agreement (subparagraph “a”, paragraph 6, part 1, article 81, article 192, article 193 of the Labor Code of the Russian Federation).

Situation #3.

There was no explanation from the employee, he never appears at work. Although you know that your letter demanding clarification of the situation, according to the notice from the mail, he received. By and large, you have the right to fire him. But in such a case, there is no need to rush.

The fact is that there are no guarantees that the employee will receive the letter. It is possible that one of the relatives received the message, and they are not obliged to answer you.

Suddenly, at this time, a person is in treatment, and you fire him. So, before you fire an employee, get specific explanations from him. And then you will decide whether to fire him or not.

Situation #4.

The employee does not go to work, no one explains anything, you do not know if he received your requirements or not, or the letter was returned without an answer, etc.

In this situation, you can go two ways:

every day when the employee does not appear at his workplace, draw up an act. Record absenteeism on the timesheet. This should be done until the reasons for the omissions are clarified. In this case, a dismissal order is not drawn up. The fact is that the management is reinsured, because by dismissing a person without finding out the reasons, you can break the law. It is possible that there are good reasons for the absence of a person, but he cannot report them;
if the employee is absent for a long time, it is impossible to contact him, and workplace should be busy, the management decides to terminate the employment relationship with him. If ever there is a litigation about this, the decision will be made in favor of the management.

Although sometimes the court is very cautious about the situation when the management sent a written request, but received it back without any explanation. Practice shows that such a circumstance is unlikely to allow an employee dismissed for absenteeism to be restored to the workplace.

Note! Do not fire a person immediately after his appearance at the workplace. Talk to him, take an explanation.

Otherwise, when the court recognizes your actions as illegal, you will be obliged not only to reinstate him at work, but also to pay the average salary for the period when he was forced not to work.

No manager is immune from the fact that one day a lost employee will appear at the workplace along with proof that he had good reasons not to go to work.

He can also prove that he simply could not answer the boss’s demand for a good reason. In this situation, you will have to cancel the dismissal order and restore it at the workplace. Remember that if you do not do it of your own free will, you will have to do it by court order.

But in this case you will have additional expenses(payment of average earnings for a period of temporary unemployment) (Article 394 of the Labor Code of the Russian Federation, paragraph 41, paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

By the way, you will not have to pay for the period when a person did not work before the order. This is only possible if the sick leave. Earlier it was already mentioned about the daily drawing up of an act of absenteeism. In addition to him, you need to make sure that a person does not accrue wages for missed days.

Please note! If, by a court decision, a person has to be reinstated in the workplace (Article 394 of the Labor Code of the Russian Federation), but you have already hired another employee instead, you can do the following with him:

offer another position corresponding to qualifications or transfer to a lower job (if he agrees to perform it, taking into account his state of health);
if there are no other vacancies, or new employee does not agree with his translation, you will have to terminate the employment contract with him. You cannot do otherwise, since the court ordered you to reinstate the dismissed employee (clause 2, part 1, article 83 of the Labor Code of the Russian Federation). Please note that you are obliged to pay a severance pay to a dismissed employee (in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation)).

Sometimes the authorities, without waiting for a court decision, cancel the dismissal order as soon as the missing employee appears at work.

With a new worker in this situation:

agree on a transfer to another position (Article 72.1 of the Labor Code of the Russian Federation);
terminate the labor agreement by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

Types of absenteeism

Conventionally, absenteeism is usually divided into two categories. The first category includes classic absenteeism (short-term) (Article 81 of the Labor Code of the Russian Federation).

In this case, the employer knows where the employee who did not come to work is or was. Such information came from the employee himself, who showed up for work or was contacted by phone, or otherwise.

What an employer should do in case of short-term absenteeism of an employee is described in Article 193 of the Labor Code of the Russian Federation.

Before applying a disciplinary sanction, namely, dismissal, management should communicate with the employee and find out the reasons why he did not go to work.

Remember! The request is submitted in writing. The employee has two days to respond. If this is not done on time, a specific act will be drawn up. The fact that explanations are not provided does not prevent the application of disciplinary action.

Please note that the act of refusal to give explanations is drawn up in the presence of other employees who sign this document.

On the day when the employee did not go to work, you need to draw up an appropriate act. You can also collect the testimony of witnesses, memos of the head of a negligent employee, take an extract from the register, which is located at the entrance of the enterprise.

The employer has the right to dismiss an employee in case of absenteeism, if he did not give an explanation, or if the reasons presented as circumstances that prevented him from coming to work are disrespectful.

Having issued such an order, the employer must, within three days (with the exception of the absence of a person at work), submit a document for review to the dismissed employee against signature. When the employee refused to get acquainted with the order and put a signature under it, an act is drawn up again.

With long absenteeism, the management fails to contact the missing employee. He does not go to work for a long time, does not answer calls and does not send a response to the demand for an explanation of what is happening.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

What should an employer do in case of long absenteeism

Oddly enough, it is more difficult to fire a truant who does not appear at the workplace for a long time than with short absenteeism. The employer must comply with the requirements of the law, namely Art. 193 of the Labor Code of the Russian Federation.

When a person is away from work for a long time, it is almost impossible to get an explanation of what is happening from him. The authorities can send a telegram or a letter to the home address of the lost employee, demanding an explanation.

In this situation, it is important to send the letter correctly. What does this mean? First of all, the letter must be registered with a description of the attachment and a return receipt. If you send a regular letter, the court may not consider the receipt sufficient evidence of your desire to contact the employee.

Telegrams are sent in the same way. In addition, you should take a certified copy of the sent telegram from the telegraph office.

As mentioned above, a person has two days to give explanations. In this case, they are counted from the date of receipt of the letter. Also, to two days, another 3-4 days are added for the so-called mail run.

This is when the employee decides to send written explanations by mail. But if after this time no explanations follow, you will have to draw up an act of non-receipt of explanations. The act is signed by an employee of the personnel department, the head of the truant, and other employees.

If the employee received a letter, as in the case of returning correspondence to the place of departure, an act is drawn up daily on the absence of the employee at the workplace. In addition to the act, memos from the boss, testimonies and documentary evidence are used (for example, there are no employee signatures in the register at the checkpoint).

Important! Do not write acts of non-appearance of an employee “backdating”, do it daily.

If the case goes to court and it turns out that the acts were written later, nothing good will come of it. If a truant was delivered a letter, a telegram, and there is confirmation of this, but he never began to fulfill his labor duties and did not explain the situation in any way, he can be safely fired.

Special cases of missing worker

If a person quits his job, he needs to work for two weeks (Article 80 of the Labor Code of the Russian Federation). But sometimes the parties to the employment agreement make a common decision, and the resigning employee does not work out the allotted time.

When there was no agreement, and the person, after submitting the application, does not come to work, a letter is sent to his address demanding explanations. The letter also states that if the employee fails to show up for work on the 14th day from the date of filing the application, it will be recognized as withdrawn, and the person will be fired under the article for absenteeism (Article 81 of the Labor Code of the Russian Federation).

When, at the end of the vacation, a person does not go to work, a corresponding act is drawn up daily. In addition, you need to contact the truant and clarify the reasons for not appearing at the workplace.

Note! Until you have proof that the employee is really absent for an unexcused reason, or until the court recognizes him as missing, you should not write a dismissal order.

In such a situation, all possible ways search for a person, starting with calls to contacting the police. All this time, do not forget to draw up acts of absence. If they are not, the dismissal will be illegal.

How long should a person not go to work to draw up an order to bring him to justice?

Since absenteeism is a disciplinary offense, the appropriate punishment should follow:

within one month after the employer found out about absenteeism (the time when the person was sick or on vacation is not taken into account);
within six months after the commission of a disciplinary offense.

If an employee does not go to work for a long time, you might think that the application period disciplinary action will expire.

This is not true. The fact is that the period that starts counting from the date the misconduct is discovered does not start from the first day, but from the moment you find out for sure that the employee is truant.

The employee stopped appearing at work, does not answer phone calls. Answered the call only 1 time, promising to come to work, but did not come out.

What is the procedure for dismissing an employee for absenteeism?

After considering the issue, we came to the following conclusion:

In case of disrespectful reasons for the absence of an employee at work, the employer has the right to dismiss the employee on the basis of paragraphs. "a" paragraph 6 of the first part of Art. 81 of the Labor Code of the Russian Federation for absenteeism. To do this, it is necessary to comply with the procedure for imposing a disciplinary sanction, as well as the procedure for dismissal, provided for by the Labor Code of the Russian Federation. You can dismiss an employee for absenteeism no later than 1 month from last day absenteeism. This period is extended for the duration of the employee's illness and other periods provided for in Art. 193 of the Labor Code of the Russian Federation.

Until the reasons for the absence of the employee are clarified, it is not recommended to dismiss him for absenteeism, because if the reasons for his absence from work are valid, the dismissal will be considered illegal.

Rationale for the conclusion:

In accordance with paragraphs. "a" paragraph 6 of the first part of Art. 81 of the Labor Code of the Russian Federation, an employment contract with an employee can be terminated at the initiative of the employer in the event of such a single gross violation of his labor duties as absenteeism.

Absence from the workplace without good reason throughout the 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) .

From the above definition it follows that the main criterion for absenteeism is the absence of valid reasons for the employee's absence from work. At the same time, the Labor Code of the Russian Federation does not contain a list of reasons that are valid. Accordingly, in each case it is necessary to assess the "validity" of one or another reason (see also the definition of the IC in civil cases of the Omsk Regional Court of October 20, 2004 N 33-3509).

In other words, since there is always a possibility that an employee is absent for a good reason, it is not recommended to dismiss him for absenteeism until the circumstances of his absence from work are clarified. In addition, it is possible that after finding out the reasons for the absence of the employee at the workplace, the employment contract with him will need to be terminated due to other circumstances (for example, due to circumstances beyond the control of the parties: in connection with his conviction to a punishment that precludes the continuation of the previous work, in in accordance with a court verdict that has entered into force, and more (Article 83 of the Labor Code of the Russian Federation)).

In this situation, the employer must definitely record the fact of the absence of the employee at the workplace. For this, an act is drawn up in any form, which is signed by several witnesses. You can draw up such an act both on the first day of the employee’s absence from work, and on any of the following days. In addition, the fact of the absence of an employee should be recorded in the time sheet, for which the mark “absence for unknown reasons” (NN) is put in it, which then, when it becomes known for sure that there were no valid reasons for the absence, changes to the mark “truancy " (ETC).

Since fixation in personnel documents absence of an employee at the workplace, there is every reason not to accrue wages to the absent employee.

In a situation where the employer has every reason to believe that the reasons for the absence of an employee from work are not valid, he has the right to dismiss him on the basis of paragraphs. "a" paragraph 6 of the first part of Art. 81 of the Labor Code of the Russian Federation for absenteeism.

If there is no reliable information about this, then, if necessary, another person can be accepted for the position of the absent employee under a fixed-term employment contract with the wording: "for the period of temporary absence of the employee, for whom, in accordance with the law, the place of work is retained" (part one of article 59 of the Labor Code RF). You can also entrust his work to another employee without releasing the latter from the work determined by the employment contract (Article 60.2 of the Labor Code of the Russian Federation). It is also possible to temporarily transfer one of the employees to the position of a temporarily absent employee (Article 72.2 of the Labor Code of the Russian Federation).

Before taking any further action, the employer should find out the reasons for the absence of the employee from the workplace. Of course, the employer is not obliged to take measures to search for missing employees. However, in order to avoid unlawful dismissal, the simplest measures should be taken to find out the location of the employee (for example, send a registered letter with acknowledgment of receipt to the last known address of the employee with a request to explain the reasons for the absence from work, go to the employee’s place of residence, if possible, communicate with the spouse, relatives and neighbors to find out the reasons for the absence of the employee, inform the internal affairs body).

Recall that when an employee is dismissed for absenteeism, the burden of proving the fact of its commission lies precisely on the employer, who must have evidence of its commission by the employee (paragraph 38 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2 "On the application by the courts Russian Federation Labor Code Russian Federation" (hereinafter referred to as the Resolution of the Plenum of the Armed Forces of the Russian Federation)). If the employer finds out that the reasons for the absence of an employee at work are not valid, he has the right to dismiss him for absenteeism.

In accordance with Art. 192 of the Labor Code of the Russian Federation absenteeism is gross violation employee of labor duties, that is, a disciplinary offense, and dismissal - a disciplinary sanction for committing it. This means that upon dismissal for absenteeism, the employer must comply with the procedure for applying disciplinary sanctions established by Art. 193 of the Labor Code of the Russian Federation. If this procedure is violated, then in the event of a trial, the court will most likely recognize the dismissal as illegal, even if the fact that the employee has committed absenteeism is proved.

First of all, the employer must meet the deadlines for applying the disciplinary sanction established by Art. 193 of the Labor Code of the Russian Federation.

You can be dismissed for absenteeism no later than 1 month from the day it was discovered, not counting the time the employee was ill, being on vacation, as well as the time required to take into account the opinion of the representative body of employees, and no later than 6 months from the date of its commission.

If an employee commits a long absenteeism, the monthly period for detecting misconduct should be calculated from the last day of absenteeism, and not from the first (see, for example, the ruling of the Ryazan Regional Court of April 25, 2007 N 33-580; Generalization of the practice of consideration in the 1st half of the year 2008 by the courts of the Saratov region of cases on termination employment contract on the initiative of the employer and on other grounds not related to the will of the employee).

The second most important condition for the proper execution of dismissal for absenteeism is the correct documenting (general order dismissal of an employee for absenteeism is given, for example, in a letter from Rostrud dated October 31, 2007 N 4415-6).

Article 193 of the Labor Code of the Russian Federation requires that, even before applying a disciplinary sanction, the employer requires an explanation from the employee in writing. It is extremely difficult to demand written explanations from an employee who does not appear at the workplace, and to do this in such a way that later it would be possible to prove the fact of such a request for explanations. Therefore, it is almost impossible to dismiss an absent employee for absenteeism. For this reason, many experts recommend waiting until the employee appears at work and does not submit supporting documents.

If the employer nevertheless decides to dismiss the employee for absenteeism in his absence, then he must, in the event of a trial, collect evidence that he fulfilled all his duties in the process of applying a disciplinary sanction.

In Art. 193 of the Labor Code of the Russian Federation does not say how exactly the employer should request a written explanation (in a personal meeting or by sending a letter with a notification). Therefore, the following course of action can be suggested. An absent employee is sent a request by registered mail with notification to give a written explanation of the reason for his absence from work. If two working days have passed since the employee received the letter, and the employee has not provided an explanation, 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, that is, to dismissal (part two of article 193 of the Labor Code of the Russian Federation). At the same time, the signature of the employee himself must be on the mail notification, this proves that the employee has received the employer's demand.

If the mail notification is returned with a note that the recipient is absent, sending such a notification cannot be considered a proper request for a written explanation. Therefore, in such a situation, we also do not recommend issuing a dismissal for absenteeism. The employer, during the period of a long absence of the employee, may periodically send him letters demanding explanations, waiting for the employee to personally sign the notice.

Based on the act of absence from the workplace, as well as a written explanation or an act on the employee’s failure to provide an explanation, the employer issues an order (instruction) on dismissal.

The order is announced to the employee against signature within three working days from the date of its publication, not counting the time of his absence from work (part six of article 193 of the Labor Code of the Russian Federation). An absent employee should be sent a telegram or registered letter with a notification in which they invite the employee to familiarize themselves with the dismissal order and to receive the calculation and work book. If an employee refuses to see specified order(order) against signature, then an appropriate act is drawn up.

Please note that the date of the dismissal order must be the date of its actual issuance within the time limits for the application of a disciplinary sanction established by Art. 193 of the Labor Code of the Russian Federation. But the date of dismissal should be the last day of the employee’s work, with the exception of cases when the employee did not actually work, but after him in accordance with the Labor Code of the Russian Federation or another federal law the place of work (position) was retained (part three of article 84.1 of the Labor Code of the Russian Federation).

According to Art. 84.1 of the Labor Code of the Russian Federation on the day of termination of the employment contract, the employer is obliged to issue a work book to the employee. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for a work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book.

In addition, the employer is not responsible for the delay in issuing a work book if the last day of work does not coincide with the day the termination of employment is formalized when the employee is dismissed for absenteeism.

By written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date the employee applied.

Upon dismissal, the employer is obliged to make a settlement with the employee. In Art. 140 of the Labor Code of the Russian Federation it is noted that the payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

Since the reasons for absence from work in the situation under consideration are unknown, it cannot be completely ruled out, for example, that the employee is on sick leave.

However, it should be borne in mind that when implementing the guarantees provided by the Labor Code of the Russian Federation to employees in the event of termination of an employment contract with them, the general legal principle of the inadmissibility of abuse of the right, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal temporary incapacity for work at the time of his dismissal from work. If the court establishes that the employee has abused the right, the court may refuse to satisfy his claim for reinstatement (changing the date of dismissal at the request of the employee dismissed during the period of temporary incapacity for work), since in this case the employer should not be responsible for the adverse consequences that occurred as a result of dishonest actions on the part of the employee (clause 27 of the Decree of the Plenum of the Armed Forces of the Russian Federation). If an employee dismissed for absenteeism goes to court with a request for reinstatement and submits a certificate of incapacity for work, the presence of which he hid from the employer at the time of requesting an explanation from him, then a notice of receipt of a letter signed by him, in which the employer was interested in the reasons for absence from the workplace, will help the employer to prove in court the fact of abuse of the right by the employee.

As explained in paragraph 41 of the resolution of the Plenum of the Armed Forces of the Russian Federation, if, when resolving a dispute about the reinstatement of a person dismissed for absenteeism, and collecting the average earnings for the period of forced absenteeism, it turns out that the absence from the workplace was caused by an unexcused reason, but the employer violated the dismissal procedure , the court, when satisfying legal requirements, must take into account that the average earnings of a reinstated employee in such cases may be recovered not from the first day of absenteeism, but from the date of issuance of the dismissal order, since only from that time absenteeism is considered forced.

Shtukaturova Tatyana - expert of the legal consulting service "GARANT"

Corporate culture

Negligent employees who treat their employees inappropriately official duties in particular, they skip work or do not go to work at all, creating certain difficulties for the enterprise.

It is natural that the management raises the question of their dismissal. How to properly dismiss an employee for absenteeism, so as not to violate labor law and rid the company of an irresponsible employee?

What is a walk?

To begin with, let's define what Russian law understands as absenteeism. Absenteeism is considered to be the case when an employee is not within the working area for more than four hours during the day without a good reason.

If he nevertheless worked at least half of the working time, then this is already considered not absenteeism, but lateness. However, in the case when an employee does not attend work for several days in a row without a good reason, then there are no difficulties with qualifying his absence.

But it must be taken into account that if the employee immediately warned the authorities about his absence, then the fact of his absence from the workplace cannot be regarded as absenteeism.

Dismissal on the basis of a statement of one's own free will

First of all, it makes sense to find a truant and make him an offer to write a letter of resignation for own will. The company will not receive any additional benefits from the fact that an employee who did not go to work will have an entry in the work book about dismissal under the article.

If, however, you part with the worker peacefully, then in this way you can avoid many possible problems, paperwork, and even ships.

At the same time, a negligent employee is also interested that no negative entries appear in his work book. After all, this can significantly affect his future employment. Therefore, in 90% of cases, truants willingly agree to such an agreement, of course, without payment for unworked time.

But it must be taken into account that in order for the enterprise to set such a condition for an employee, all his absenteeism must be appropriately certified. Not to mention those rare cases when a truant suddenly refuses to make any agreements with the management.

In certain situations, with the consent of the employee, he can even be dismissed retroactively, but in this case, the personnel department needs to be especially careful and attentive so that in the future this fact does not turn against the company.

Fixing absenteeism

Regardless of whether the employee agreed to dismissal on the basis of a statement of resignation of his own free will or not, all cases of his absenteeism in without fail must be on time and, most importantly, correctly recorded.

It is required to draw up a report on the absence of an employee at the workplace. Moreover, even if the employee is not at work for quite a long time, each case must be witnessed separately.

It is even desirable that the act be drawn up several times a day, since if, for example, it is drawn up in the morning of a certain day, then the truant can declare in court that he arrived at the workplace by lunchtime. Thus, from his words it turns out that he was not at the workplace for less than four hours, and the employer will not be able to prove anything.

The form of the act is arbitrary. But its mandatory attributes are the indication of the exact time of compilation, the signatures of witnesses (at least two) from among the employees, certifying the absence of the truant at the workplace, his full name, as well as his position. Also in the protocol you need to indicate the exact time of the absence of the employee during the day.

The procedure for dismissal for absenteeism

After the acts are properly drawn up, the employer must present a demand for an explanation in writing from the employee of the reasons for not going to work.

If these explanations, in the opinion of the director, are not respectful and are not regarded as such by the current labor code, then the employer has full right decide to terminate the employee.

Moreover, it is not at all necessary that absenteeism be systematic, just one is enough. The director signs the order to dismiss the employee. An appropriate entry is made in the work book indicating the reason for the termination of the employment relationship.

The work book and full payment for the hours worked must be issued already former employee firms on the day of dismissal.

If the truant refuses to give explanations for his absence from work, an act of refusal to give explanations is drawn up, certified by two employees of the enterprise.

Dismissing an employee who does not show up for work

But how to fire an employee who does not show up for work at all? This is a rather problematic question, because if a person does not appear at the workplace for a long time, then there is no way to demand an explanation from him.

Moreover, in the end, it may turn out that the reason for his absence was justified. But the situation when a person does not go to work for months without explaining the reason and at the same time continues to be listed as a full-time employee is also unacceptable.

In addition, this may raise certain questions from the regulatory authorities, whose task is to control the timely payment wages employees and deductions from it to the budget and special funds.

What to do under the circumstances, how to fire an employee?

For such a situation, there is a certain algorithm of actions. First of all, you need to send a registered letter or telegram with a notification of receipt to the address of the truant's permanent residence with the requirement to give an explanation for absenteeism. If explanations are given, then further actions are performed according to the standard procedure.

When, after a week after sending the letter, there was no answer or the letter was returned to the sender, the enterprise draws up an act of non-receipt of explanations. It must be signed by the director, the HR inspector and at least two other employees.

After that, the director has the right to dismiss the truant. A mandatory dismissal order is issued, and a work book with the entries made is sent by mail to the place of registration of the dismissed employee.

But here one should take into account the fact that if significant reasons for the absence of an employee are confirmed in the future, the court may decide to reinstate him in the workplace. Therefore, it makes sense for the employer to play it safe and send a statement to the police about the disappearance of the employee.

conclusions

Of course, any labor conflict is best resolved by agreement. In this case, it is best to offer the truant to quit of his own free will. This will save the employer from unnecessary problems.

But in case the employee refuses to go to peace with the management, or even more so in the event of his long absence, absenteeism must be drawn up on a daily basis.

The general sequence of actions of the employer, if he nevertheless decided to dismiss the truant, is as follows:

drawing up a protocol on absence from work;
a written explanation by the employee of the reasons for absenteeism;
signing a dismissal order;
making an entry on the termination of employment in the book.

Proper and thorough paperwork will allow the employer to dismiss a negligent employee and avoid his reinstatement in the future by a court decision.

Types of absenteeism Absenteeism without a valid reason can be divided into three types - force majeure, personal circumstances and absenteeism in connection with an event known in advance (wedding, funeral). Let's take a closer look at each of them in this article.

Employee during labor day Was away from work for 4 hours or more.
The employee did not appear at his workplace during the whole working day, including less four hours, if its change lasts so long.
The employee left work before the expiration of the fixed-term employment contract, or left work without warning the employer under an indefinite employment contract, or before the expiration of the notice of early termination of the contract (Art. 79, 80, 280, 292 of the Labor Code).
The employee arbitrarily took a day off or went on vacation.

How to skip work without unpleasant consequences?

If attempts to find an employee have not led to anything, the employer needs to record the fact of the absence of the employee by a special act, which must contain the following data: the name of the employee, his position, the date of absence.

Important

The act must be signed by the persons who drew it up, as well as employees (mandatory at least three people), confirming the information contained in the act.

Such a document is drawn up every day throughout the entire period of the employee's absence, - adds Natalya Storozheva.

You can pay a visit to the missing employee and demand an explanatory note from him.

Attention

If the truant could not be caught at home, then this information must be entered in the act.

The document must be certified by the signature of one of the neighbors, says Ekaterina Artyushina, HR director of SimbirSoft.

10 legitimate reasons not to go to work

If you have employees who work remotely, then do not be too lazy to indicate the time of mandatory contact, no one bothers you to prescribe that if an employee does not get in touch within four hours during working hours, this behavior can be regarded as absence from the workplace with the ensuing consequences,” comments exeStation HR Director, an expert in recruiting freelance professionals at design work for solving business problems Olga Shulgina.

If the employee does not show up for work, start acting on the same day.

Don't forget about new technologies. Check out the employee's social media pages.
Article 193 of the Labor Code of the Russian Federation will help you.

Can they get fired for one absence?

If the employee is of value to the organization, the manager may limit himself to a warning or reprimand.

Appropriate registration of employee absenteeism.
That is, the issuance of an order and familiarization with it against the signature of the employee.

If the latter refuses to sign, the employer may again draw up an act about this.

Failure to comply with at least one of these rules will help the employee avoid dismissal for absenteeism.

What reasons for absenteeism can become valid?

Practice shows that not every employer immediately seeks to expel an employee for absenteeism or other violations, because it may not be so easy to find a replacement for you. Therefore, if there are no other complaints to you, then the employer for the first time may confine himself to a reprimand.

This is a very effective measure. In order to fire you (reprimand) in accordance with Article 193 of the Labor Code of the Russian Federation, you will have to follow the following procedures: 1.

Draw up an act of your absence from work, which is signed by at least two witnesses; 2.

Ask you for an explanation; 3. Issue an appropriate order to impose a disciplinary sanction (dismissal) and familiarize you with its content within three days.

Not all leaders of small companies like to deal with paperwork, and if they do, they often make mistakes.

Conditions and legal grounds for dismissal for absenteeism

For confirmation, you need to have the appropriate medical document on hand.

Not going to work due to a long delay in paying salaries. An employee can exercise this right by notifying the employer in advance of his plans.

The fact of absence from the workplace must be confirmed by documents. As a rule, they are a memorandum written by the immediate superior of the “truant” addressed to the higher management, or an act of absenteeism, indicating the specific time of absence. The second document can be declared illegal if at least 2 witnesses have not signed it. Download the act of absenteeism
The employer needs to get an explanation from the employee.

1 day off work! (for a good reason)

The concept of absenteeism
What is not truancy
Terms of dismissal for absenteeism

Walking is a pretty serious offense. labor discipline employee. It is expressed in the absence of an employee within his workplace for 4 or more hours without a good reason. Such a disciplinary violation gives the employer the right to legally break with his employee labor Relations. Dismissal for absenteeism is provided for by Article 81 of the Labor Code of the Russian Federation, namely, p.p. "a", item 6, part 1.

The concept of absenteeism The Plenum of the Supreme Court of the Russian Federation summarized the practice of considering disputes between the employer and the employee by the courts and issued a resolution “On the application by the courts of the Labor Code of the Russian Federation”.

What to do if an employee does not show up for work

Often those who decide to quit do not go to work. At the same time, they are little concerned that their work book has remained in the personnel department, and payments are due for unused vacation days.

Deputy Head personnel service"KSK Group" Aida Ibragimova emphasizes that there are missing employees in almost every company.

Their number depends on the activities of the organization. There are many fugitives in firms with a large staff of production and sales staff, as well as in large call-centers.

Regularly among the missing employees are young professionals for whom the company is the first place of work. Such employees stop going to work, because they do not have time to combine it with their studies or get a job in a new place. Sometimes employees ignore job responsibilities after a conflict with superiors. Many deliberately do not come to the service.

If one day did not go to work

For example, you caught a cold, and in order not to infect the team, you decided to heal at home.

Look for the cause of a cold depending on the season - in the winter of an infection (he caught it from Yulia from the accounting department, picked it up in a crowded trolleybus), in the summer - air conditioning or a draft.

Or a terrible migraine broke out, which will not give you the opportunity to fully work.

Or you have a toothache - you will urgently have to visit a dentist.

The version of your food poisoning sounds convincing, after all, this can easily happen to anyone.

They ate something like this at a party or in a cafe - and this is the result. Sit at home for a day. You need to call with a complaint about your poor health early in the morning - it’s more convincing, the voice of waking up will be more like a patient.

In addition, you are very worried about your absence and warn about it in advance.

And you can simulate a cold by drawing water into your nose, the illusion of a runny nose will be provided.

If yt went to work one day

Women have a completely natural reason for skipping work - critical days. Lack of transport, an accident, a natural disaster - these are quite good reasons for not appearing at the place of their work.

In order not to be late for work as a result of such force majeure, you decided not to come at all and work that day fully at another time.

Each person may have a personal need to miss a working day, but it is always better to negotiate with management and work out your hours later.

Then there will be no need to puzzle over how to skip work.

An employee came to our organization who worked for two months and then stopped going to work. He refuses to write a letter of resignation of his own free will. Can he be fired for absenteeism?

Under what articles of the Labor Code and on what grounds can an employee be fired?

Nelli Zaraiskaya, Syktyvkar

Expert opinion

1. To confirm the absence of an employee at the workplace, it is recommended to draw up an act. The Labor Code does not directly provide for such a need, but without this document it is almost impossible to prove the fact of absenteeism. AT judicial practice an approach has been developed that requires the employer to document absenteeism. As a rule, the act indicates the last name, first name, patronymic and position of the employee, the date and time of his absence from work, the time the act was drawn up, as well as the last names, first names, patronymics and positions of the employees who signed the act. In companies that use, they usually additionally provide a printout of the readings of this system.

If the employer has not documented the absence of the employee, the court has every reason to satisfy the employee's claim to recognize the dismissal as illegal. If the time of drawing up the act is not indicated, then it is not clear exactly when the check was carried out and, accordingly, during what time the employee was absent from the workplace. In cases where the employer draws up an act only at the end of the working day, it happens that subsequently the employee declares in court that he was at the workplace in the first half of the day and is ready to bring witnesses who will confirm this. Therefore, the evidence base will look more reliable if the periods of absence of the employee are clearly indicated in the act, or if two or three acts are drawn up with a break of several hours, depending on the length of the working day or shift (for example, every 3-3.5 hours).

If the employer has not documented the absence of the employee, the court has every reason to satisfy the employee's claim to recognize the dismissal as illegal ...

The unmistakable execution of acts will not help if they do not reflect reality or distort it. So, the situation when the employer deliberately prevents the employee from accessing work cannot be considered absenteeism.

The following follows from this: firstly, the employer is obliged to request a written explanation from the employee before applying the penalty. It is better to do this in writing and hand over the demand to the employee against signature indicating the date of receipt. You can also draw up an act stating that explanations are requested from the employee in front of witnesses. If the request is sent by mail, it is important to keep proof of its sending (postal receipt, list of attachments). The Labor Code does not establish a specific period during which an explanation must be requested from the employee. Thus, the law does not prohibit demanding an explanation even some time after the day of absenteeism. Secondly, the employer, after requesting explanations, must wait two working days and only after this period has expired can he make a decision to dismiss. This rule applies even if the employee immediately refuses to give an explanation, since it is possible that he will change his mind. If, after two days, no explanations are presented, this is not an obstacle to, and in this case an act is drawn up.

2. The reasons why an employer can fire an employee are clearly defined.

Dismissal is possible in accordance with paragraph 5 of Article 81 of the Labor Code "Repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction."

Failure by the employee must be repeated and without good reason. Moreover, a disciplinary sanction must already be imposed on the employee.

According to, a disciplinary offense is a failure to perform or improper performance by an employee through his fault of the labor duties assigned to him.

Disciplinary action is allowed only in the form of a remark, dismissal on appropriate grounds.

In order to dismiss an employee on the basis of paragraph 5 of Article 81 of the Labor Code, his failure to fulfill his labor duties must be:

a) repeated;
b) without good reason.

If there are good reasons, then the employee must state them in writing. And at the same time, the employee must already have a properly executed disciplinary sanction.

Paragraph 4 of Article 81 states that the head, his deputies and the chief accountant can be dismissed when the owner of the organization changes. The new owner does not have the right to dismiss ordinary employees under this article.

In the event of the liquidation of an organization or the termination of the activity of an individual entrepreneur, everyone is subject to dismissal, including pregnant women and young mothers.

According to paragraph 3 of Article 81 of the Labor Code “Inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification”, you can also dismiss the employee.

To identify the incompetence of an employee, a special certifying commission, which includes, as a rule, the deputy director of the organization, a representative of the personnel department and the immediate supervisor. A special order is issued for its implementation. The subject is given a task that does not go beyond job description corresponding to his position. Even if the members of the commission somehow agree among themselves, and the task may be obviously impossible (for example, in terms of time), you can write a complaint to the labor inspectorate and challenge the results of the certification in court. A final report is drawn up on the results of certification.

One of the most common reasons for dismissal is absenteeism.

Absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, is considered absenteeism.

The most important good reason is. If, after returning to work, the employee does not provide sick leave, then the employer can put him absenteeism.

According to subparagraph a of paragraph 6 of Article 81 of the Labor Code, the grounds for termination of an employment contract at the initiative of the employer may also be the absence of an employee at the workplace without good reason for four hours in a row.

This article also lists other reasons on the basis of which an employee may be fired, for example:

appearing at the workplace or on the territory of the organization in a state of alcoholic or drug intoxication;
disclosure of secrets protected by law, which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
committing at the place of work theft of someone else's property, embezzlement, its deliberate destruction or damage;
violation by the employee of labor protection requirements, if this violation entailed grave consequences or knowingly created a real threat of such consequences.

Work with personnel at the enterprise

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