An employee being out of place during working hours and ignoring job responsibilities causes the employer to be justly indignant and desire to impose penalties on the unscrupulous employee, including severing the employment relationship. But before jumping in, it is advisable to understand the specifics of the procedure provided for by labor legislation.

In order to competently use the rights provided for by the Labor Code, the employer needs to understand the definitions given by law. In particular, if you want to carry out the dismissal procedure due to a one-time violation by an employee of his duties, you need to understand the terms “absenteeism,” “workplace,” and “good reason.”

What is considered truancy?

In order for there to be a basis for terminating the employment relationship in accordance with paragraphs. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, the employer must record one of the following actions on the part of the employee committed without good reason:

• absenteeism and absence during the entire work shift;
• being away from work for more than four hours in a row;
• termination of work before completion of the dismissal procedure (before the expiration of a two-week period after writing an application at one’s own request; before the expiration date of a fixed-term contract, etc.);
• time off without agreeing with the employer on the required vacation days.

Important! If the employee was denied by the employer a request to provide legal days off, the time of which cannot be assigned at the discretion of the employer (for example, a day of rest for a donor after donating blood), then absenteeism on such a day cannot be considered absenteeism.

What is considered a workplace?

One of the actions of an employee for which he can receive a penalty is a long absence from the workplace. It should be understood that the terms “place of work” and “workplace” have different meanings.

Place of work– this is the name of the organization with which the employee has an employment relationship. The employer's address is contained in the text of the employment contract without fail.

Workplace- this is the territory directly related to the employee’s performance of his job duties. The place where an employee must arrive to perform his work must be limited to a certain office, office, warehouse, workshop, etc.

So if in an employment contract with an employee the employer specifies in detail the territory of the workplace, then the employee’s four-hour absence from this place can be counted as absenteeism. But if only the place of work is indicated as a workplace, then the basis for a penalty can only be the absence of an employee for the entire day or shift.

Reason for absence: valid or not

When employees know in advance that circumstances will force them to miss work, most often they coordinate this issue with the employer, and then provide supporting documents - subpoenas, certificates from various institutions, etc. However, when an employee has to justify his long absence after the fact, by writing an explanatory note, the question of whether the reason for missing work was valid remains in each specific case at the discretion of the employer.

Despite the fact that the Labor Code does not provide an exact formulation of the “validity” of reasons or a specific list of events, taking into account common sense and currently available court decisions, an approximate list of situations can be given in which an employee’s absence from work cannot be counted as absenteeism:

• Illness - even if the certificate of incapacity for work is later provided with errors;
• Donation, including the period of medical examination associated with blood donation (Article 186 of the Labor Code of the Russian Federation);
• Delay or cancellation of a public transport flight;
• Administrative arrest of an employee;
• Non-payment of wages for more than 15 days - after notifying the manager in writing (Article 142 of the Labor Code of the Russian Federation);
• Ignorance about the new work schedule and leaving according to the old schedule - the employer’s right to demand compliance with the regime arises only after the employee has officially notified the employee against signature;
• Emergencies and emergencies, etc.

To justify his absence from work, an employee can bring to the manager a sick leave certificate, a certificate from a transport or medical organization, a subpoena, etc. If the employer considers the reason valid, then all supporting documents will be sent to the employee’s personal file. Otherwise, the employee’s explanatory note will become one of the grounds for applying an administrative penalty.

We establish the type and terms of collection

After receiving an explanation from the employee that is regarded as an unexcused reason for missing work, the employer has several options for further behavior. In each specific case, the manager must, according to the Supreme Court of the Russian Federation, assess the circumstances and apply a proportionate penalty, taking into account the employee’s behavior before the current situation. The employer can:

• failure to pay for a missed work day or shift by an employee;
• make a remark to the employee;
• enter a reprimand into the employee’s personal file;
• dismiss the employee in accordance with paragraphs. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation.

Important! The degree of punishment for a disciplinary act is determined by the employer independently, and only one type of punishment is imposed for one case. Termination of an employment contract due to absenteeism is the right, but not the obligation of the employer.

Considering the possible deadlines for penalties, the manager must remember that he can make a decision and apply disciplinary punishment only within one calendar month from the day he became aware of the absenteeism. Moreover, the earliest date for dismissal is the date of receipt from the employee of an explanation of the reasons found to be disrespectful.

If there is no explanatory note from the employee, then dismissal can be issued only if there are documents confirming that the employee received a request to provide reasons for missing work (for example, about sending the request by mail).

Dismissal for absenteeism: step-by-step instructions

So that, based on the results of an inspection, including one carried out based on an employee’s complaint, the employer is not obliged to reinstate the dismissed person in his position with payment for the entire period from the date of dismissal, it is important for the employer not only to have good reasons and correctly justify the disrespect of the reason for the employee’s absence from work, but also to correctly follow the algorithm termination of the employment contract:

STEP 1 - Request a written explanation from the employee of the reason for absence.

When an employee does not show up for work, the first thing you need to do is contact him and find out what happened to him. It is quite possible that he will immediately explain the reason for missing work over the phone and promise to bring supporting documents the next day. When absence from work is an exceptional case, and the dismissal of this employee due to misconduct is not planned, the employer may take the employee at his word and not continue the further procedure for registering absenteeism.

However, when there is a suspicion that a disciplinary violation may cause dismissal, the employer must request a written explanation from the employee for absence from work (Article 193 of the Labor Code of the Russian Federation). So that the employer cannot subsequently be charged with not giving the employee the opportunity to communicate the reasons for his absence, it is better to also make the notice of the need to provide explanations in writing and familiarize it with the employee against signature. If the employee refuses to sign the notice, a report must be drawn up with the testimony of three witnesses who were present when the employee was familiarized with the requirement.

If the employee does not make himself known for a long time, then it is better to send a request to provide explanations to the employee’s registration address by mail in the form of a registered letter with a list of attachments and a receipt.

After receiving a notice of the need to explain the reasons for absenteeism, the employee is given a period of two working days to respond. If during this time the head of the employing organization does not receive an explanatory note issued in his name indicating the reasons for missing work and supporting documents, the employer draws up an act of failure to provide explanations within the period specified by law. By indicating in the document the method and deadline for requesting explanations, and also, if notified by mail, by attaching a postal inventory and a document confirming delivery of the demand, the employer receives the right to dismiss the employee for absenteeism and without his written explanation.

Important! If there is no factual evidence that the employee received a request for an explanation, then it is illegal to initiate dismissal proceedings.

STEP 2 - Receive a report on absenteeism from the employee’s immediate supervisor.

If the organization is small, then this point can be skipped. However, if the staffing table provides for many departments and divisions, then most likely the head of the company will receive information about the employee’s absenteeism from his immediate superiors, and it is better to also formalize such a message in writing in a free-form memorandum.

STEP 3 - Draw up an absence from work report.

The law does not provide for a unified form of document recording the fact that an employee is absent from the workplace. As a rule, this moment is documented by an act, which necessarily reflects:

• Full name and position of the employee;
• date and exact time period of absence (if there is an electronic pass system - with attached printouts with notes on the employee’s movements);
• time of drawing up the document on absence;
• signatures of all members of the commission recording absenteeism and consisting of at least three witness workers.

Despite the fact that dismissal for absenteeism is possible in the event of a single violation of labor discipline, in the event of a legal dispute, several acts on the employee’s absenteeism will become a stronger justification for the employer’s decision.

STEP 4 - Record the employee’s absence on the time sheet.

Look at the work book about dismissal for absenteeism

STEP 7 - Make all payments required upon dismissal.

Simultaneously with the issuance of the dismissal order, a calculation note is drawn up to take into account all amounts due to the employee - wages for time worked and compensation for vacation not taken. If the parties have disputes about the amount due for payment, the employer must pay the part that is not disputed by him (Part 2 of Article 140 of the Labor Code of the Russian Federation). Payments are made on the day of official dismissal or no later than the next day after the dismissed person contacts the former employer with a request for payment.

So, the procedure for dismissal for absenteeism is carried out according to the general rules for terminating an employment contract (Article 84.1 of the Labor Code of the Russian Federation), including, if necessary, do not forget to notify the military registration and enlistment office or the bailiff about the dismissal of the debtor.

However, when initiating the termination of an employment contract for a gross violation of official duties, it is necessary, in addition, to be guided by the features provided for the process of imposing penalties for a disciplinary offense (Articles 192, 193 of the Labor Code of the Russian Federation).

Employees who persistently violate labor laws may be subject to disciplinary action such as dismissal for absenteeism. But in order to avoid litigation for illegal dismissal, the entire procedure must be formalized in strict accordance with the requirements of the country’s Labor Code. In this article we will look at the step-by-step procedure for dismissal for absenteeism and cases when an employee cannot be fired for absenteeism.

What is "truancy"?

As you know, no employee has the right not to appear at his workplace without compelling reasons and good reasons. According to paragraph 6 of Article 81 of the country’s Labor Code, “Termination of an employment contract at the initiative of the employer,” an employment contract can be terminated with an employee even after a single gross violation of his labor duties.

Such a “gross” violation is absenteeism - absence from the workplace without good reason for the entire working day or shift, regardless of its duration, or for more than four consecutive hours of the working day. In other words, if an employee has not notified the employer of his absence, does not answer the phone and has not shown up for more than four hours, then the employer can safely fire such a “negligent” employee.

But not everything is as simple as it seems. There are significant legal requirements regarding the documentation of absenteeism and what may be considered a “good reason” for absence from work.

In addition to failure to appear, absenteeism is also considered to be outside the workplace during working hours for more than four hours in a row, that is, leaving without permission during the working day, leaving work without a good reason and without notifying the employer of termination of the employment contract, going on leave without authorization, using compensatory days. without warning the employer, etc.

But it is worth remembering that if an employee is absent from the workplace for less than four hours, even for several days in a row, then the employer does not have the right to fire him under the article for absenteeism. In relation to such a violator, other disciplinary punishments can be applied, reprimands can be issued, but dismissal under paragraph 6a of Article 81 of the Labor Code of the Russian Federation will no longer be possible.

In order for a truant to be “attracted” under the article of the Labor Code of the Russian Federation, it is necessary to confirm the fact that he knows exactly where his workplace is located and what time his working day begins. The employee must be familiarized with this information, that is, the internal rules of the company, upon signature, and this information may also be contained either in the employment contract or in the employee’s job description.

That is, if in fact the address of your employee’s place of work and working hours are not “written down” anywhere, and he is, as it were, “not familiar” with them, then it will again not be possible to fire him under the article for absenteeism.

Before dismissing an employee under an article of the Labor Code for gross violation of labor duties, the employer is obliged to follow a certain procedure. This is necessary, first of all, because if the employee does not agree with this decision of his employer - dismissal - he can appeal it through the court.

If an employer dismisses an employee for absenteeism, he, first of all, must protect himself from litigation and do everything according to the rules. Otherwise, if the employee wins in court, the employer will not only have to reinstate him in his position, but also pay monetary compensation for all days of forced absence.

If at least one document upon dismissal for absenteeism by the employer is drawn up incorrectly, the court will always side with the employee and restore his rights, even if in fact the employer is right in the situation. It must be remembered that in 90% of cases the court protects the interests of the plaintiff employee.

Dismissal for absenteeism: instructions for employers

When dismissing an employee for absenteeism, it is truly important to correctly draw up all the documents necessary for dismissal and comply with all formalities. This will help the employer protect himself in case of litigation and prove his case. And, first of all, the employer must be able to prove the fact of absenteeism. Let's look step by step at the rules that should guide an employer who plans to fire an employee for absenteeism.

1. So, the employee is absent from the workplace for more than four hours, does not answer phone calls, or justifies his absence from work with something unintelligible. First of all, it is necessary to draw up a report on the absence of a company employee from the workplace.

   There is no unified form for such an act, which means it can be drawn up in any form with the obligatory indication of the last name, first name and patronymic of the absentee worker, his position, the structural unit of the company in which he works, the date of the employee’s absence, the duration of his absence, date and time of drawing up the act.

   At least two witnesses and the compiler himself must sign the act, thereby confirming the fact that the employee is absent from the place. The act must also contain their details and positions.

2. On the day the absentee employee reports to his workplace, the employer must request a written explanation from him regarding his absence. The fact of requesting an explanatory note also needs to be documented.

   This can be done by drawing up a notice requesting a written explanation, which is given to the employee. According to the Labor Code of our country, the employee is given two working days to give a written explanation of his absenteeism, citing good reasons for the action.

   Dismissal for absenteeism: important aspects

   In the procedure for dismissal for absenteeism, a number of important formalities must be observed.

   • If an employee missed a day of work and no longer came to the workplace, then it will be impossible to demand an explanation from him. What to do in this case? If the employee never shows up, the employer must send him a registered letter or telegram to his indicated place of registration, demanding an explanation for his absence from the workplace on a certain day. The receipt of the letter must remain with the employer. If an explanation for absence from work is requested by the employer by mail, but no answers are received, then you can proceed to the standard procedure for registering absenteeism.
   • If there is no confirmation that the letters and telegrams were received by the employee, then the employer must contact law enforcement agencies with a search request, and six months later has the right to dismiss the employee as missing.
   • An employee can be fired for absenteeism only within a month from the day the offense was committed - such a requirement is provided for by labor legislation.
   • If an employee is absent from work for more than a month, then the employer has the right to issue an order for his dismissal “retroactively”, but at the same time all formalities must also be observed, acts and reports must be drawn up, and signatures of witnesses must be taken.
   • If an employee goes on vacation of his own free will and without receiving a written order from the company’s management, the employer must make sure that the employee knows the procedure for granting vacations in the company, and the fact that the employer does not provide his employee with vacation must be certified and documented and signed by the employee. If the employee then does not show up for work under the guise that he “went on vacation,” then absenteeism is recorded according to the standard scheme.
   • If an employee has been absent from work for several days, then reports on the absence of a company employee from the workplace must be drawn up every day of absenteeism.
   • It is impossible to dismiss an employee for absenteeism if he is on vacation or sick leave.

   Valid and disrespectful reasons for absenteeism

   It is depending on the reason for which the employee was absent from the workplace that a decision will be made to dismiss him under the article. The Labor Code of our country does not contain a list of valid and unexcusable reasons for absenteeism; therefore, the degree of their importance and respect is determined by the employer himself.

   If the reasons for absence are valid, then it is impossible to fire an employee - this will be illegal, and the employer may be held liable for such an action, therefore, determining the degree to which the reason for the employee’s absence is valid must be approached sensibly and logically. In the event of a trial, the judges themselves will make a decision and assess how valid the reasons for the employee’s absence are.

   In this case, the court will also evaluate the circumstances of the absence, the presence of complaints about the person’s work and the facts of bringing him to disciplinary liability, his attitude towards the performance of his work duties and other factors.

   Note
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   Valid reasons for absence from work include:

   • Health problems (the fact of absence is confirmed by certificates from medical institutions, entries in outpatient cards, certificates of incapacity for work, documents of primary medical examination, etc.);
   • Passing a medical examination in the case where the employee is required to undergo periodic examination in accordance with the Labor Code of the Russian Federation;

Dismissal for absenteeism- a frequent phenomenon, but requiring careful compliance with all the standards established for this procedure. Let's consider the sequence of registering dismissal for absenteeism.

What does Article 81 of the Labor Code of the Russian Federation consider truancy?

In Art. 81 of the Labor Code of the Russian Federation, which describes cases of termination of an employment contract at the initiative of the employer, subsection is devoted to absenteeism. “a” clause 6. Absenteeism is one of the situations of a gross one-time violation of labor duties, expressed in the absence of an employee from the workplace without a valid reason for more than 4 hours in a row or during the working day or shift. Dismissal is one of the types of punishment for a disciplinary offense (Article 192 of the Labor Code of the Russian Federation), which is considered absenteeism, and is used as a last resort.

The manager may, taking into account the specific situation and the employee’s merits, decide on a different punishment for him (for example, apply a reprimand or reprimand).

Read about how you can have your punishment lifted. .

To apply punishment in the form of dismissal for absenteeism, it is necessary that:

• the employee did not belong to the category of persons not subject to dismissal (these are pregnant women, as well as persons on sick leave or on vacation);
• the fact of absence from the workplace was documented and fell within the duration established by the Labor Code of the Russian Federation; which specific place for an employee is a working place must be stated in the employment contract;
• the reason for absence was not valid or did not have documentary evidence;
• all necessary dismissal procedures were followed, including the timing of application of this punishment (Article 193 of the Labor Code of the Russian Federation): before the expiration of a month from the date of establishment of the fact of absenteeism, but no later than six months from the date of its commission (minus the time spent on sick leave, in vacation, time off or while involved in a criminal case).

Failure to comply with any of the listed provisions may result in dismissal for absenteeism being declared illegal in court if the employee applies there.

Procedure for dismissal for absenteeism

Absenteeism can be divided into 2 groups:

• short-term - it is possible to establish all the circumstances of the commission of an offense within a short period of time;
• long-term - it is impossible to quickly find out what happened to the employee who committed absenteeism.

The division into these groups determines a different approach to the procedure for dismissal for absenteeism, subject to compliance with general requirements. Let us reflect in the table the features of the stages of dismissal depending on their belonging to one of the groups. This description can be used as step-by-step instructions when dismissing someone for absenteeism in 2017.

	Short-term absence	Long-term absenteeism
The employee is absent from the workplace for more than the required time for an unknown reason.	For each fact or day of absence, a report or report from the head of the department on the absence of the employee is drawn up. The fact of absence for an unknown reason is noted on the working time sheet
Receiving explanations	The employee is given a written request for an explanation and given 2 working days to compile it. In case of refusal to provide an explanation, an act of such refusal is drawn up	The employer tries to independently find out the reasons for the employee’s absence by calling him or relatives, sending letters or telegrams with notification to the registration address, filing a statement with the police
Consideration of reasons for absence	There are no explanations, they are disrespectful or not supported by documents. A memorandum is drawn up addressed to the head of the organization, which reflects the fact that a violation has been established.	The reason for the absence could not be determined. Draw up a report on the futility of its clarification
Making a decision to dismiss	Based on the decision of the manager, an order is issued in form T-8 or T-8a (if a group of people has been absent), in which sub-clause is indicated as the basis for dismissal. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation, and all documents drawn up when recording the fact of absenteeism and receiving explanations on it are listed as justification documents
Date of dismissal order	Day of actual compilation	The order is issued by the date of its actual preparation, but the fact of dismissal in it corresponds to the date of the last working day before the first day of continuous absenteeism (letter of the Federal Service for Labor and Employment of the Russian Federation dated July 11, 2006 No. 1074-6-1)
Familiarization of the dismissed employee with the order	Upon receipt within 3 working days from the date of execution of the order. In case of refusal, a report on this circumstance is drawn up (Article 193 of the Labor Code of the Russian Federation)	In the absence of an employee, a corresponding entry is made in the order about the impossibility of notifying him (Article 84.1 of the Labor Code of the Russian Federation). A copy of the order can be sent to the employee by letter to his registered address
Calculation of severance	This is done completely as usual on the last working day with the issuance of all necessary certificates (Article 84.1 of the Labor Code of the Russian Federation)	The calculation of payments itself is done in full as usual on the last working day. Money is issued on this day if it is possible to transfer it to the card. If it is impossible to issue the employee, they are sent a written notice of the need to appear for the money.
Issuance of a work book	On the day of dismissal with the signature of the employee in the personal card, the work record book and in the work record itself. If you refuse to receive a work book, a report on this is drawn up	The employee is sent a written notification of the need to appear for a work book or to inform in writing of his consent to send it by mail (Article 84.1 of the Labor Code of the Russian Federation)

Read about the features of drawing up different types of time sheets in the articles:

All documents drawn up during the dismissal procedure for absenteeism (acts, notifications, letters, memos, explanations) are drawn up in any form and recorded in the appropriate accounting journals. The acts must be signed by at least 3 persons who were present when the employee refused to draw up, receive the document or sign it.

Dismissal for absenteeism does not require the issuance of orders other than the order for dismissal in the established form T-8 or T-8a (decision of the Supreme Court of the Russian Federation dated 09.11.2012 No. 60-APG12-7, letter of the Federal Service for Labor and Employment of the Russian Federation dated 01.06. 2011 No. 1493-6-1).

When dismissing for absenteeism, the employer, as well as during a regular dismissal, is obliged to report this fact:

• to the military registration and enlistment office if an employee subject to military registration is dismissed;
• The Federal Bailiff Service (FSSP) upon the dismissal of an employee from whose salary deductions were made according to a writ of execution. In this case, the writ of execution is returned to the FSSP with a note in it about the deductions made during the period of work. If alimony was paid under this document, then the recipient of the alimony is also informed about the dismissal.

Where to find samples of personnel documents on absenteeism

Most of the documents used to formalize dismissal for absenteeism are drawn up in a free (free) form. Therefore, it is important to reflect the essence of the recorded circumstance, correctly indicate dates and time periods, data of the absent person, put down the necessary signatures and record the fact of registration of the document drawn up.

Read about how you can draw up a report if an employee refuses to provide an explanation. .

The only document that is made in accordance with the established form when dismissing someone for absenteeism is an order for dismissal. However, the form used for this is no different from a regular dismissal order. The differences consist only in references to article numbers of the Labor Code of the Russian Federation as grounds for dismissal and in the list of documents justifying the creation of the order.

According to the Resolution of the Plenum of the Supreme Court dated February 17, 2004 No. 2, truancy is recognized as:

• absence from work (outside the workplace) without good reason for more than 4 hours in a row during the working day;
• unauthorized use of rest days;
• unauthorized leave.

A normal and responsible employee will always warn the employer if something happens to him and he does not come to work. But if he disappears and doesn’t answer phone calls, he’s probably playing truant. Let's look at the procedure for registering dismissal for absenteeism.

Step 1. Record the fact of absence

An act is drawn up in free form in the presence of two witnesses.

Sample act of absence of an employee from the workplace

Sample form for an employee's absence from work place

On the first day of such acts, at least two must be done. The first one is before lunch, the second one is before the end of the working day. In subsequent days (no more than three), one report is drawn up for each day of absence. If the employee never shows up, the employer continues to draw up one report per week until the person actually appears at work or decides to send him questions about the reasons for absence by mail. Upon dismissal, this act will serve as one of the supporting documents.

Step 2. Note the absence on the time sheet

Before the employee goes to work and explains the reasons for his absence, it is necessary to enter codes in: code NN (absence for an unknown reason). It is impossible to set the PR (absenteeism) code until written explanations (or an act of refusal to provide explanations) are provided; the court may subsequently recognize such a position as biased, and the dismissal as illegal.

Sample of recording absenteeism in a time sheet

Until a written explanation is received

After receiving a written explanation

Step 3. Notify the company management

On the first day of absence of an employee, his manager must inform the general director about this. This message is issued in the form of an official note in which:

• the situation is briefly described (the employee did not show up at work and is not in touch);
• contains a proposal to obtain written explanations from the employee with the subsequent adoption of a decision to bring him to disciplinary liability, including in the form of dismissal.

Sample memo about employee absenteeism

Step 4. Ask questions

If an employee does not appear for a long time or does not answer phone calls, the employer has the opportunity to send him questions about the reasons for his absence by mail. In this case, an official letter is drawn up on the organization’s letterhead demanding an explanation of the reasons for the absence. The general director must sign such a letter. The letter is sent with an inventory of the contents (for subsequent presentation to the court with a receipt for payment of the postage).

The letter must indicate the deadline by which the employee must provide his explanations. This period must be reasonable, for example, 15 calendar days, and include time:

• postal forwarding to the addressee;
• actually writing the explanation;
• return postage.

As noted Managing partner of the law firm “Varshavsky and Partners” Vladislav Varshavsky, the employee must be asked to explain the reasons for absence from work, since the employee’s right to provide explanations is provided for by law. Otherwise, the employer’s decision to fire a subordinate for absenteeism may be recognized by the court as unfounded. As an example, the lawyer cited Resolution of the Moscow City Court dated July 30, 2018 No. 4g/7-8964/18, from which the following conclusion can be drawn: the employer did not provide the employee with the opportunity to explain the reasons for absence from the workplace, and therefore significantly violated the procedure for dismissal on his own initiative. On this basis, the dismissal was declared illegal, and the employer had to reinstate the employee in his position, pay him the average salary for the period of forced absence and compensate for moral damages.

If after a reasonable period of time there is no response or the letter is returned due to the expiration of its storage period, it is necessary to draw up an act of refusal to provide explanations. It may be necessary to justify subsequent dismissal in court.

Sample act of refusal to provide written explanations

Sample letter with questions about the reasons for absenteeism

If an employee appears at work and does not provide supporting documents, on the same day he must be given questions about the reasons for his absence. He has two working days to write his explanation. If after this time no explanations are provided, on the third day an act of refusal to provide written explanations is drawn up. If substantive explanations are provided, move on to the next step.

Step 5. Assess the validity of the reason for absence

(if there is a certificate of refusal, this step can be skipped)

If management decides to dismiss the culprit, the order is issued using the unified T-8 form. Dismissal for absenteeism is processed according to Article 81 of the Labor Code of the Russian Federation.

Sample letter of dismissal for absenteeism

Step 8. Introduce the employee to the order

The employee must be informed of or the application of a disciplinary sanction (no matter what it will be - reprimand or dismissal) within three working days from the date of its publication (not counting the time the employee is absent from work). If he refuses to familiarize himself with the order, an act is drawn up in any form in the presence of two witnesses.

Step 9. Fill out the work book

Sample entry in the work book upon dismissal for absenteeism

Step 10. Issue a work book

On the last working day, the employee must be paid all cash payments due to him, as well as. For its receipt, the recipient signs.

If he refuses, we draw up an act in any form in the presence of two witnesses.

If a person is actually absent on the day of his dismissal (the last day of his work), the HR department employee on this day is obliged to send a notice of the need to appear for his work book or agree to be sent by mail.

If a person does not come and does not provide consent, the employer is obliged to keep such a work book for 75 years.

Express your opinion about the article or ask the experts a question to get an answer

Employee absenteeism is a fairly common type of violation of labor discipline and is subject to strict disciplinary action, including dismissal. We will talk in detail about the specifics of the procedure for dismissal for absenteeism and the documents required to complete this procedure in our article.

Truancy: concept, types, criteria

Missed work or received a reprimand for absenteeism - such phrases are often used by both employees and employers. But is everyone familiar with the concept of absenteeism and in what case can we say that an employee skipped work?

• An employee can be called a truant only when he is not in his place more than 4 hours in a row and this fact is confirmed by written evidence. In other words, if an employee left work and did not return to it after 4 hours, then this situation can be considered absenteeism.
• A truant can also be a person who did not show up for work at all, and therefore did not perform his job duties the whole day.

Two main criteria have been established to recognize an employee’s absence from the workplace as absenteeism. These factors are considered:

• the employee is not at the workplace without good reason;
• the employee left the workplace for 4 consecutive hours (or more) or did not show up for work at all.

Types of truancy

As for the types of absenteeism, they are divided into two categories:

• The main ones are cases when an employee left work for several hours, or did not show up at the place of performance of work duties, and then showed up at work the next day. In such cases, the employer knows where the employee is, can contact him, find out the reason for absence (perhaps it is valid) and determine when the employee will return to work.
• Long-term - the situation is more complicated with long-term absenteeism, in which the employee is not at work for several days (weeks), while he does not make contact, and therefore it is impossible to establish his whereabouts. These factors significantly complicate the procedure for dismissal and other disciplinary sanctions for long absences.

What is not considered truancy

You left your workplace to receive medical care

This exculpatory factor is quite common in the event of industrial accidents and other emergency situations when an employee seeks help for himself or for his colleague. It does not matter whether you needed medical assistance directly, or whether you called a doctor for the victim - in both cases, your absence is not considered absenteeism. If you have left your place of work to see a doctor and you have a certificate about this, feel free to provide it to your employer! Your “absence” is legally justified and is not considered absenteeism. But keep in mind that the date of the certificate must correspond to the date when you were not at work.

You are participating in investigative activities or are under investigation yourself

As in the case described above, it does not matter whether you are directly a suspect in a court case, or act as a witness or witness - in each of these cases you are given the right to miss a day of work if this is caused by investigative needs. It is possible that on your way to work you became a participant or witness to an accident, and for this reason you were late for work or did not show up at all.

In order not to become a truant, take care to obtain a certificate stating that you are a victim, witness, witness, etc. If you provide such a certificate to your employer, you can consider yourself absolutely protected from the application of various penalties for absenteeism. When an employee is detained by internal authorities, the date of his detention must correspond to the date when he did not show up for work.

Your employer delays payment of wages for more than 15 days

By allowing you not to work “for free,” the legislation provides you with legal protection from an unscrupulous employer. But before you refuse to perform your job duties, be sure to inform management about this by filling out the appropriate application. It will not be superfluous if you decide to write a complaint to the labor inspectorate. In the event that the organization tries to fire you for absenteeism, a copy of the above statements will serve as confirmation of the legality of your missed work day.

An employee did not show up for work: what to do?

So, the employee is absent from the workplace for more than 4 hours in a row. What algorithm of action should the employer apply? Let us briefly describe each of the stages of step-by-step dismissal for absenteeism:

• The employer draws up an absenteeism report.
• An explanation of the reasons for absence is obtained from the absent employee. From the text of the explanatory note and the documents attached to it, it is established whether the absence has a valid reason or not.
• It has been established that the truant has no valid reasons. The employee's immediate line supervisor draws up a memo and submits it to the head of the organization.
• At the discretion of management, a disciplinary sanction is applied to the truant (reprimand, fine, dismissal).

Absenteeism without dismissal

We would like to separately note cases of absenteeism without dismissal. If you are a highly qualified employee with high work performance and have violated labor discipline for the first time, then it is quite possible that the employer will not fire you, but will limit itself to a reprimand:

• The use of penalties of a moral and ethical nature is the most universal and effective method of influence, because a reprimand can be issued to those categories of employees who cannot be fired for absenteeism (energy supply workers, ambulance and emergency care workers, workers in hazardous and hazardous industries).
• In addition, a reprimand allows for financial penalties in the form of deprivation of bonuses, as well as the imposition of a fine. Also, according to the Labor Code, a reprimand is one of the prerequisites for subsequent dismissal.

Let's try to find out all the intricacies of the procedure for dismissal for absenteeism in 2016, for this we will use step-by-step instructions.

Registration of an absenteeism report

If you are away for more than 4 hours or for the entire working day (shift), then the employer will definitely document this fact in writing. Registration of absenteeism is recorded in the appropriate act. The form of the act is not strictly established, so the document can be drawn up in the form established directly by the organization. But the law regulates compliance with the following conditions when drawing up paper:

• the document is drawn up and signed by members of the special commission;
• the act must record information about the location of the employee, and in the absence of such information - about the measures taken to establish it;
• the act contains exact data about the time the employee is absent from the workplace. If you have not been at your place of work for a long time, including during a break, then this fact must be recorded in the report;
• the date of drawing up the document strictly corresponds to the date of the employee’s absence.

The paper is handed over to the truant for review and signature. If you do not want to read and sign the act, then the fact of refusal is described in the document. It doesn’t matter whether you sign the document or not - in any case, the employer can fine you, reprimand you and even fire you.

Sample act

ACT N 1
absence from work without good reason
more than 4 hours in a row during a working day (shift)

Time for drawing up the act: 18 hours. 20 minutes.

Senior economist of the financial department Petrushov K.D. in the presence of chief accountant V.P. Skuratova and accountant of the 1st category of the settlement department Kirova G.L. has drawn up this act on the following:

April 25, 2016, 2nd category accountant of the settlement department S.N. Vasilyeva was absent from work at Saratov, st. Lenina, 25, office. 19 from 09 o'clock. 45 min. until 18:00 00 min., including lunch break from 12 noon. 00 min. until 13 o'clock 00 min. - during the working day. (total 8 hours 15 minutes).

Vasilyeva S.N. requested to provide a written explanation within 2 business days.

Signatures of the persons who drew up the act:
______________/Petrushov K.D/
_____________/Skuratova V.P./
_____________/Kirova G.L/
I have read the act ___________/Vasilyeva S.N./

Requesting an explanation from the employee

Next, we move on to the explanations that the absentee employee must give, describing the reasons for his action. To draw up an explanatory statement, you have 2 days. You can refuse to give explanations; this will be formalized in an act of refusal.

Such an explanation is drawn up by the violator in writing in the form of an explanatory note (the form of preparation is free). If you are required to draw up an explanatory note, then in its text you should mention good reasons, if any (you saw a doctor, were involved in an accident, etc.). All supporting facts must be supported by documented evidence.

Preparation of a memorandum

Analyzing the scheme of dismissal for absenteeism at work, we move on to the next point - preparing a memo. The report is written by the line manager addressed to the director of the enterprise; the form of the document is free, but it is worth mentioning the reasons for the employee’s misconduct and other violations that were noticed in him. At the end, the compiler expresses his opinion regarding the required impact.

Memo from the manager

General Director of JSC "Mars"
Komarov S.L.

REPORT No. 37 dated June 15, 2016
about violation of labor discipline

I would like to bring to your attention that today, June 12, 2016, the driver-forwarder of the sales department, Stepan Markovich Sorokin, was absent from his workplace for 7 hours 15 minutes. (including lunch break from 13.00 to 14.00) from 10:45 to 18:00.

Due to Sorokin’s absence from the workplace, the supply of materials to customers of JSC Kremen and LLC Sobol was disrupted.

There is no information confirming the validity of the reason for the absence of S.M. Sorokin. Sorokin refused to explain the reasons for his absence from work (I am attaching a statement of refusal).

In connection with Sorokin’s systematic violation of labor discipline, about which there are relevant acts, I ask you to consider the issue of imposing a disciplinary sanction on I.V. Makarov in the form of dismissal.

Head of Sales Department (signature) ____________ Khomyakov V.Yu.

Dismissal and entry into the work book

So, the director of the enterprise received a report and decided to fire the offender, about which an order was issued. It is important to understand that the order must contain the following mandatory information:

• reference to legislative norms that allow dismissing an employee for absenteeism, namely clause “a” of Part 6 of Article 81 of the Labor Code of the Russian Federation;
• a list of all documents grounds for dismissal (acts, reports, refusal of explanations, etc.);
• a note about the opinion of the trade union (if there is such a body in the organization).

An order of dismissal for absenteeism must be reviewed by the dismissed person within 3 days from the date of issuance of such an order. That is, if you are fired for absenteeism, the employer is obliged to inform you about it. But even if you refuse to sign the order in the “Acquainted” column, you are still considered dismissed, that is, refusal to familiarize yourself with the order is not grounds for canceling its validity.

Example of an order

JSC "Meridian"

ORDER No. 41-P dated 04/03/2016
on termination of an employment contract with an employee (dismissal)

Terminate the employment contract dated August 15, 2001 No. 43, dismiss on April 3, 2016.
Kondratyev Petr Afanasyevich (Table No. 318), senior expert-analyst of the Analytics and Financial Monitoring Department for a single gross violation of labor duties by an employee - absenteeism, subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation.

Grounds for termination of the employment contract: order “On the application of disciplinary sanctions in the form of dismissal” dated March 20, 2016 No. 24-k

Head of the organization ________________ F.L. Stepantsov
The employee is familiar with the order (instruction) ________ P.A. Kondratiev
04/03/2016

Entry into the work book

After signing and issuing the order, a corresponding entry is made in the work book of the dismissed person according to the sample below:

Dismissed due to a one-time gross violation by an employee of his work duties - absenteeism, subparagraph "a" of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.

A completed work book, certified by the signature of the manager and the seal of the organization, can be given to the dismissed person or sent by registered mail with notification.

Estimated payments

Upon dismissal due to absenteeism, an employee can count on monetary payments in the general manner, namely:

• receiving a payment for the days actually worked;
• monetary compensation for days of unused vacation;
• sick leave payment (if the employee was sick and provided sick leave before dismissal).

In addition, if dismissed for absenteeism, an employee has the right to compensation for travel and other business expenses incurred before the dismissal order was issued. To avoid delays and red tape, the employee should take care in advance to provide advance reports and documents confirming expenses.

Example: Specialist of the financial monitoring department of Znamya JSC Kurchenko G.L. 03/21/2015 dismissed for absenteeism. Kurchenko’s salary for the period 03/01/2015 - 03/21/2015 amounted to 14,380 rubles, including bonuses of 3,740 rubles. In the period from 03/05/2015 to 03/07/2015, Kurchenko was on a business trip to Astrakhan, where he incurred expenses in the amount of 4,120 rubles, for which he provided a corresponding report. Kurchenko also transferred sick leave to the accounting department of Znamya JSC for the period 03/20/2015 - 03/22/2015. The amount of compensation for sick leave was 3,518 rubles.
On the day of Kurchenko’s dismissal, the amount of 14,760 rubles was paid, of which:

• compensation for business trip expenses to Astrakhan - 4,120 rubles;
• salary minus bonuses that were not paid due to absenteeism - 10,640 rubles;
• Kurchenko’s sick leave was not paid, since its duration came later than the date of dismissal.

How to get your job back after being fired for absenteeism

In some cases, you can go to court to challenge unlawful dismissal and demand reinstatement from your employer. The court will take your side if you can prove that you were absent from work for good reasons. You also have a chance to win a lawsuit if your employer forced you to go to work on a day off and, having received a refusal, registered your absence as absenteeism. Reinstatement of dismissal for absenteeism is possible if the court establishes one of the following facts:

• You did not go to work during your vacation (sick leave, compensatory leave);
• You refused to work overtime, on weekends or outside the schedule;
• You were asked to change your place of work (locality, another area, etc.), to which you refused;
• You have been assigned a job for which you have medical contraindications (hazardous production, dangerous working conditions, etc.).

Judicial practice shows that in the above cases, the court, as a rule, is on the side of the employee, and therefore decides to reinstate him in the workplace, and in some cases even to compensate for the damage caused by the employer.

As you can see, strict punishment is provided for violators of labor discipline. But despite this, if you have evidence of your innocence, you always have the opportunity to defend your legal interests and, if necessary, demand financial compensation from your employer for the damage suffered.