What acts are indicated in the order when absenteeism? Absenteeism without dismissal. What to do with persistent violators

It is not difficult to fire an employee for absenteeism - it is enough to draw up an act, recognize the reason for absence from work as disrespectful and draw up an appropriate order. Problems may begin later. All of a sudden former employee go to court and prove that you made any procedural error when terminating the employment contract? To avoid such troubles, you need not only to get a general idea of ​​the procedure for dismissing an employee for absenteeism, but also to take into account many related nuances.

What is truancy?

Absenteeism is the absence of an employee from the workplace for the entire working day or more than four hours in a row without good reason. This definition is given by the legislator in the Labor Code.

Dismissal for absenteeism is provided for in Article 81 of the Labor Code. The problem is that the Code does not even contain an approximate list of reasons for a person’s absence from work that should be considered valid. Of course, this omission regularly leads to conflicts between employees and employers.

In theory, it is up to the employer to determine and prove that the reason for the absence was unexcused. However, this cannot be done only in accordance with personal convictions; one must also rely on judicial practice. If a dissatisfied employee goes to court and proves that he was fired without justification, you will have to reinstate the truant worker. By the way, violation of the procedural order (incorrect completion of acts, violation of deadlines, etc.) can also become a reason for canceling the dismissal order.

In what cases can you be fired for absenteeism?

Dismissal will be legal only if four conditions are met:

• the employee did not appear at work the entire day (even if his working day is one or two hours) or more than four hours in a row;
• the employee was absent from his workplace;
• he did not show up for work for an unexcused reason;
• the fact of his absence is proven and documented.

Immediately you need to consider:

• if an employee was absent from his place for exactly 4 hours and not a minute more, this is not absenteeism;
• If workplace not officially assigned to the employee (in the employment contract), but he was somewhere on the company’s territory - he cannot be recognized as a truant;
• if an employee, for objective reasons, was unable to notify his superiors about his absence, the reason for his absence cannot be considered as a priori disrespectful.

In what cases can you not be fired for absenteeism?

Based on the materials of judicial practice, principles labor legislation And common sense, we can highlight the following valid reasons for absenteeism (which in these cases is no longer absenteeism):

• temporary disability;
• performance by the employee of public duties assigned to him by an authorized state or municipal body;
• donation of blood and plasma by the employee (and subsequent medical examination, if necessary);
• taking an employee under arrest, taking him into custody by police officers;
• transport problems (for example due to weather conditions);
• delay in salary payment for more than 15 days (but only if the employee notified you in writing that he is not going to come);
• participation in the strike.

In all these cases, the employee must provide supporting documentation. The following documents are considered as evidence:

• certificate of incapacity for work (“sick leave”);
• certificate from medical institution(for example, in the case of blood donation);
• subpoena or order of arrest or detention;
• certificate from transport organization;
• etc.

Be sure to find out the real reason employee absence. It's no secret that almost any certificate can be purchased. If it turns out and is confirmed that the employee committed such an offense, the dismissal order can be issued with full right.

The procedure for dismissing an employee for absenteeism

The dismissal procedure can be divided into three stages:

• documenting the fact of the employee’s absence from work;
• finding out the reasons for non-appearance;
• making a decision and issuing an order of dismissal.

You can make a procedural error at any of these stages, but every minor violation can cost the company dearly! Do not forget that an employee who is outraged by what he considers to be an unjustified dismissal has the right to go to court. If he also uses the services of a good lawyer, the matter will probably turn out not in your favor. Even if all the grounds for dismissal are present, a minor formal error (for example, when drawing up a report of failure to appear) often becomes a reason for canceling the order. Therefore, pay special attention to the rules and recommendations below.

Preparation of the act

A correctly drawn up act is the main evidence of an employee’s violation of labor laws. The act has the following structure:

• name (act of absence from work, absenteeism, absence from work - acceptable different variants names);
• date, place and time of compilation;
• Full name official drawing up the act (such a person can be either the head of the company or the head of a structural unit);
• Full name of the employee who did not show up for work;
• the circumstances of the employee’s absence (this part should be filled out in as much detail as possible, indicating the exact time of absence and the actions taken by the employer - attempts to reach the truant or contact him in some other way);
• date and duration of the employee’s absence (indicating the exact time, “minute to minute”);
• the date of drawing up the act and the signature of the manager (for greater confidence, you can ask witnesses to sign - for example, colleagues of the truant).

It is advisable to draw up the act on the same day, without putting it off “until tomorrow”.

Finding out the reasons for the employee’s absence

Before signing an order to dismiss an employee for absenteeism under the article, you need to require an explanatory note from him. At this stage, it is important to document every action, so it is better to send the request for an explanatory note to the employee at in writing(even if in the end he did come to work). Sign the request and ensure that the employee signs for its receipt. If you have to send the request by mail, do not throw away the postal receipt under any circumstances.

After requesting an explanation for failure to appear, you must wait two days. By the way, this rule applies even if the employee refuses to “give evidence” immediately - what if he changes his mind? If after two days the answer still does not come, you can move on to the final stage and draw up an order.

Let's assume that the employee nevertheless provided an explanatory note. There are three possible options:

1. The reason for absence indicated by the employee can be classified as valid, and the stated arguments are supported by documents. In this case, the person cannot be fired.
2. The truant is clearly making things up: the explanations are unconvincing and there is no evidence. Feel free to write an order.
3. The situation is ambiguous. There are no supporting documents or they are insufficient, but the arguments look convincing. Or vice versa - there is a certificate from the medical center. institutions, but probably “fake”. What should an employer do? It is impossible to give a definite answer to this question. Try to assess the situation as a whole, taking into account all possible motives of the employee, his previous behavior, attitude towards his duties and the work process in general. Don’t forget – the law gives you the right to draw a conclusion and make a decision.

Order of dismissal

An order to dismiss an employee for absenteeism without good reason is drawn up and issued according to the unified form No. T-8. The law establishes the following deadlines for issuing an order:

• no earlier than two days from the moment the request for an explanatory note is sent to the truant;
• no later than 30 days from the date of absence.

Structure of the order according to form No. T-8:

• Name;
• date, place of compilation;
• grounds for publication (absenteeism act, details of reports and explanatory notes, etc.);
• Full name and position of the employee;
• detailed description misdemeanor;
• justification of why the reasons for absenteeism cannot be recognized as valid;
• clarification of the employee’s right to appeal the dismissal decision;
• date of compilation and signature of the employer.

The employee must read the order and confirm with his signature that he is aware of its contents. If he refuses to do this, another act will have to be drawn up. After this, you should make an entry about the dismissal in the work book of the negligent specialist and send him to the accounting department for this book. This completes the dismissal procedure.

The main mistakes made by employers

As stated earlier, any procedural violation may be grounds for appealing the dismissal order. What mistakes do employers make most often?

1. Often, an absenteeism report is simply not drawn up. This is terrible - if the case goes to court, the employee will probably achieve reinstatement (and even compensation for wrongful dismissal). Always fill out a document.
2. Serious shortcomings in the execution of the act - first of all, incorrect indication of the time of drawing up the act and the period of absence of the employee. The wording “in the morning”, “at lunchtime”, “in the evening” is unacceptable. Always indicate exact time– “the employee was absent from 8.00 to 14.18”, “the report was drawn up at 14.58”.
3. Inconsistency of factual circumstances with the data contained in the act. Sometimes it happens that an employee infuriates the employer with his impudence. In order to guarantee getting rid of the absentee, the employer artificially aggravates the situation - for example, he writes in the act and order that the employee showed up only the next day and insulted him in obscene terms. If at trial it turns out that everything was a little wrong, the boss will have to bear responsibility for such “attacks.”
4. Dismissal of an employee without requiring an explanatory note from him.
5. Violation of the deadlines for issuing an order, dismissal of an employee for absenteeism without a corresponding entry in the labor record.

Even if you have indisputable evidence that the dismissed employee is an undisciplined and irresponsible truant, the court will still be able to reinstate him at work. It is enough to commit at least one of the listed violations.

Labor, discipline, legality

Unfortunately, the dismissal process does not always go smoothly. Even following the rules and recommendations outlined in this article, you can only minimize the risks, but not eliminate them. The laziest employee, fired for absenteeism, sometimes shows desperate determination and goes to court. And the trial is long and unpleasant, even if the case is decided in your favor.

To prevent such an undesirable development of events, always carry out the dismissal procedure carefully, methodically and carefully. Record each stage on paper, draw up acts, send requests - and the employee will be convinced that it is pointless to “go to war” with you.

One of the main guarantees of the legality of dismissing an employee for absenteeism is correct design truancy act.

What actions are necessary before drawing up a truancy report?

Drawing up an absenteeism report is one of the first steps in the procedure for dismissing an employee for absence from work. It is preceded only by the qualification of the employee’s actions - determining whether his absence from work was absenteeism.
Current legislation provides for five situations that may be considered truancy:

• the employee did not come to work and was absent throughout his entire working day (regardless of his specific duration), while he cannot explain his absence with valid reasons;
• the employee was absent from his workplace for more than four consecutive hours during his working day;
• an employee on a permanent employment contract submitted a letter of resignation due to at will and did not go to work, ignoring the two-week work period;
• an employee on a fixed-term employment contract does not return to work before the expiration of the contract or the notice period for early termination of the contract;
• the employee used unauthorized days off or went on vacation without permission.

Registration of absenteeism of an employee: drawing up an act

The act is drawn up in free form, since there is no unified form. The act must contain information about the position and full name of the employee, the time of his actual absence from the workplace, as well as the full name and signatures of the employees who recorded absenteeism, and the time the event was recorded. In practice, the act is signed by three employees.

Sample certificate of absence from work

At the same time, you must remember to correctly draw up a timesheet using letter designation“NN” (failure to appear due to unclear circumstances).
The next step in the dismissal procedure is to clarify the circumstances of the absence. It must be remembered that dismissal in this situation is only the right of the company, but not an obligation. In practice, this means that, depending on the severity of the offense and the degree to which the reasons are valid, the company may decide to apply a lighter disciplinary sanction - a reprimand or reprimand that does not automatically lead to the dismissal of the employee. In the event of a labor dispute, the court will evaluate, among other things, the proportionality of the punishment to the misconduct.
Explanations must be received in writing (Article 193 of the Labor Code of the Russian Federation) in free form.
Despite the fact that the procedure for requesting explanations is not regulated in the current legislation, it is recommended to draw up a notice of the need to explain the reasons for absenteeism and hand it to the employee under his personal signature. The employee will have two working days to do this.
If an employee refuses to sign the notice, then it is necessary to draw up a report using a procedure similar to drawing up a report on absenteeism.
If the employee has not explained the reasons for absence from work after two working days, then this fact must also be recorded in a document.
To dismiss an employee for absenteeism, either a notice of the need to give explanations and written explanations received from the employee, or both a notice and an act of failure to provide explanations, will be sufficient.
If the company does not consider the employee’s reasons for absence from work to be valid, then the last step of the dismissal procedure is the application of disciplinary action in the form of dismissal.
Dismissal in this case occurs according to paragraphs. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation according to general rules dismissals. First of all, an order of dismissal for absenteeism is issued (

Absenteeism is regarded by the Labor Code as a malicious violation labor discipline which may be grounds for dismissal. According to established standards, absenteeism is considered to be the absence of an employee from the workplace for 4 consecutive hours or more. Absenteeism also includes the situation when an employee leaves his workplace without notifying the employer and without expressing his intention to terminate the employment contract.

In this article we will talk about how to properly formalize dismissal due to absenteeism.

The concept of “truancy” in the Labor Code

Labor Code The Russian Federation defines two types of absenteeism – short-term and long-term. During a short-term absence, the employer knows the whereabouts of the employee and has the opportunity to contact him. Long-term absenteeism means that the employee's whereabouts are unknown and, therefore, contact with him is impossible.

In case of short-term absenteeism, a memorandum is drawn up in the name of the head of the enterprise, and later - a report on the absence of the employee from his workplace. These documents are necessary so that on their basis it is possible to request an explanatory statement from the employee, which, according to Article 193 of the Labor Code of the Russian Federation, he is obliged to provide within two working days. If the employee does not prepare an explanatory note within the specified period, it will be necessary to draw up an act on his refusal to provide written explanations for absenteeism. This act must be signed by the originator and three witnesses to the truancy. Only after these actions the employer has the right to issue an order to impose a disciplinary sanction. In this case, the day the employee is absent from work is recorded in the report card as absenteeism.

In case of long-term absenteeism, when there is no communication with the employee, the employer will have to wait for him to appear at the workplace in order to request an explanation from him. Next, the procedure for registering absenteeism is carried out in the same way as in the previous version.

It is very important that absenteeism is documented in strict accordance with labor legislation, because If an employee goes to court and the court recognizes the reasons for his absence from work as valid, he will have to be reinstated to work, while paying compensation costs.

Unlike tardiness, absenteeism is a serious disciplinary violation that is punishable by certain penalties, including dismissal. But for this, the fact of absenteeism must be documented. First of all, it is necessary to make a corresponding entry in the working time log, as well as record the readings of CCTV cameras. According to labor legislation, due to absenteeism, an employee can be dismissed within a month from the date of the commission of the offense, not counting the periods the employee is on or on vacation.

Read also: Dismissal of an employee without working time: new amendments

Under what circumstances can an employee be fired for absenteeism?

To dismiss an employee for absenteeism, the employer must prepare appropriate evidence and document the fact of his absence from the workplace. For this, absence reports, memos, etc. must be drawn up. Documents can be drawn up both on the day the employee is absent from work and on subsequent working days. The Labor Code allows dismissal for absenteeism if an employee fails to show up for work without a valid reason and is absent from the workplace for 4 consecutive hours or more.

In addition, you can fire an employee for absenteeism under the following circumstances:

The employee left the workplace without a valid reason. At the same time, the employer was not notified of the termination of the employment contract and the upcoming dismissal;

An employee working under a fixed-term employment contract did not return to work before the end of the period established in the contract;

The employee went on his own initiative or took time off.

The procedure for dismissing an employee for absenteeism in 2019: step-by-step instructions

To fire an employee for absenteeism, the employer must act as follows:

1. Draw up a report on the employee’s absence from the workplace.

The act can be drawn up in any form, but this document must be certified by the signatures of three witnesses. If an employee is absent from work for a long time, each day of absence is documented in a separate report.

2. Demand an explanation from the employee regarding the fact of absenteeism.

To request an explanatory note, the employer must give the employee a notice requesting a written explanation for absenteeism on the day he returns to work. Having received the notification, the employee must, within two working days, give a written explanation of his misconduct, indicating the reasons for absenteeism. If the explanatory note is not provided within the specified period, the employer must draw up a report and have it certified by the signature of three witnesses.

3. Draw up a memo about the fact that the employee is absent from work.

An explanatory note from the employee is attached to this note.

4. Issue a dismissal order for absenteeism.

The order must be drawn up in a unified form.

5. Register the dismissal order in the personnel order log.

6. Prepare a pay slip for the employee in the prescribed form.

In this case, full payment is made on the last day of dismissal.

7. Inform the employee of the dismissal order.

This issue is dealt with by the enterprise’s human resources department, which must inform the employee of the dismissal order within three working days. The fact of familiarization is the signature of the employee. If the employee does not intend to sign the document, it is necessary to draw up an act of refusal to sign in order to familiarize himself with the order. In this case, the act must be signed by the compiler himself in the presence of the employee and certified by the signature of three witnesses.

8. Make a note about the termination of the employment contract in the employee’s personal card.

The document must be certified by the signature of the HR department employee and the employee. If the employee refuses to sign, a corresponding entry is made on the card.

9. Register the employee.

An entry about the termination of the employment contract indicating the reason is made in the work book of the dismissed employee.

10. Issue a work book to the employee.

On the day of dismissal, the employee is given his work book with an entry about the dismissal. The issuance of the document is confirmed by the corresponding entry in the labor movement register. If the employee does not show up for the work report, the employer must send it to the postal address, ordering a receipt.

On the last day of dismissal, the employer is obliged to pay the employee in full, as well as pay for the days of his unused vacation.

Read also: How to fire an employee during a probationary period

Retroactive dismissal of an employee

Since the date in the dismissal order is considered the employee's last working day, retroactive dismissal is illegal. However, in some situations, for example, when an employee is absent from the enterprise for a long time, the employer is not able to indicate the exact date dismissals. This situation, as well as the death of an employee, are considered the only exceptions in which the Labor Code allows retroactive dismissal.

It follows from this that if an employee is absent from work for a long time (more than a month), the order for his dismissal can be issued retroactively. However, in order to avoid misunderstandings, it is necessary to maintain complete documentary order by recording entries in journals and verifying each issued act with signatures. If the employer violates the established document flow procedure, the employee will be able to challenge his dismissal in court.

Read also: Can you be fired from your job if you have a minor child?

The nuances of dismissal for certain categories of workers

The legislation defines special rules regarding workers with children and pregnant women. According to the law, an employer does not have the right, on its own initiative, to terminate an employment contract with an employee who is carrying a child. However, in this case there are some nuances that you should familiarize yourself with.

Firstly, an employer can terminate an employment contract with a pregnant woman if the reason for this is the liquidation of the enterprise or the cessation of its activities.

Secondly, a pregnant employee can be fired by agreement of the parties. Since in this case the initiative to break labor relations lies with both the employer and the employee, the employer does not violate the law. For dismissal, it is necessary to draw up a separate act, specifying in it an agreement to terminate the employment contract and indicating the date of dismissal.

By agreement of the parties, employees on sick leave may also be dismissed. However, please note that cancel this decision unilaterally is impossible.

If we're talking about about the dismissal of an employee who is on a probationary period, then the employer can be guided by such a concept as “dissatisfaction with the results of the trial.” In this case, at least three working days before the date of dismissal, the employer is obliged to notify the subject employee of his decision.

The process of dismissal of employees on probation is regulated by Article 81 of the Labor Code of the Russian Federation. According to this article, the dismissal order must be supplemented by a separate document indicating the reasons for termination of the employment contract. In this case, it is necessary to list a list of tasks that the employee could not cope with, because a record that an employee “performed poorly” is considered illegal. If an employee on a probationary period wishes to resign on his own initiative, he is obliged to notify the employer at least three days before the date of termination of the contract.

The Labor Code of the Russian Federation establishes the obligation of personnel to comply with the working hours determined by the management of the organization. In development this provision, each organization adopts an internal normative act, which fixes the start time working day, lunch break and finishing time.

In addition to complying with these standards, employees are required to go to work, except in cases of disability and other valid reasons. In the absence of supporting documents, failure to appear for work is considered absenteeism and entails serious consequences for the employee, including his dismissal.

How to correctly issue a reprimand for absenteeism - sample

Absenteeism is an established absence from work for three or more hours of a work day. But in order for disciplinary liability to occur for such a violation, absence during the working day must be properly documented. Only if absenteeism is properly documented, is it possible to issue an order to reprimand the employee.
The procedure for recording the fact of missing a day and holding an employee accountable, including his dismissal, is as follows:

• First, the problem must be identified. As a rule, this becomes known to one of the middle managers - the foreman, the foreman, the head of the department. When missing a day of work becomes obvious, such a manager must draw up memo. This is an internal document that documents the identification of the fact of employee absenteeism;
• The memo is submitted to senior management. This must be done on the day the missed work day is established. Management will then conduct a review this fact to determine whether a day of work was missed or not. For these purposes, explanations should be obtained from the colleagues of the offending employee and from himself;
• If the results of the internal audit confirm absence during the day, the employer will decide what measures to take. From the point of view of labor legislation, absenteeism is a gross violation. In its severity it is comparable to the exit in a state alcohol intoxication. Therefore, the employer has every right to both reprimand and dismiss the employee.

In this case, the management’s decision on a specific measure of responsibility of a person in the form of dismissal or reprimand is formalized by order.

How to document absenteeism?

Such violations should be recorded in accordance with the requirements of the law and internal regulations. If the rules and regulations are violated, the order can be challenged by the employee and canceled through legal proceedings.
At the same time, you should indicate several documents that must be completed when recording the fact of missing a day of work:

• The initial document will be a memorandum. In fact, this is a message about missing a day of work, which sets the stage for further internal verification;
• Conclusion of the internal audit. It is the conclusions of such a conclusion that become the basis for the order of reprimand or dismissal. The conclusion must be accompanied by the received explanations from employees, regulations on the daily routine and other necessary documents;
• Order of reprimand or dismissal. This is the final document that formalizes the management decision made based on the results of the internal audit.

All specified documents must have references to the law. Another basic condition is the validity of the punishment. The order must be reasoned and based on reliable fact violations. If an employee has a valid reason for missing a day of work and has submitted the relevant documents, they are not allowed to be ignored.

Long absence - how to properly arrange it?

Long absence means missing several days of work. This violation belongs to the category of the most serious. Therefore, when absent for a long time, limiting yourself to issuing a reprimand is not enough. As a rule, the manager makes the decision to fire an employee.

It should be said that the procedure for registering this violation is the same as for simply missing a day of work. But since we are talking about dismissal, such a decision must be balanced and completely accurate. To impose a punishment, you should find out about the arguments of the employee who committed the violation and carefully check these arguments.

In addition, it is necessary to compare the violation with job description. Another significant point is the need to record the absence of each working day. Accordingly, a report should be issued every day during the entire long absence. Explanations should be taken daily from the colleagues of the guilty person.

But the result of a long-term violation will still be an order to dismiss the person.

How to register an employee's absenteeism without dismissal?

It should be said that only the manager can decide on the degree of guilt of the employee and on the application of one or another disciplinary measure to him. This means that even in the event of a serious violation, the perpetrator may be punished with a reprimand and avoid dismissal.
Making such decisions is the exclusive right of the employer. The law does not establish a link between a specific punishment and a particular official misconduct.

How to formalize the dismissal of an employee for absenteeism - sample

Any management decision is formalized by creating an order. A corresponding order is issued when a person is dismissed for disciplinary offense. This document must be drawn up in accordance with the law. You should correctly justify your decision and refer to the provisions of the labor law.

Today we will be interested in the step-by-step procedure for dismissal for absenteeism. This process in real life bringing it to life is not as easy as it seems. After all, absence from work is not always considered absenteeism. Therefore, employers may have some problems bringing their idea to life. Also, dismissal is not the only way to punish a negligent employee. It turns out that absenteeism does not in all cases entail loss of work. What should an employer know about this procedure? How to properly prepare for the dismissal of a truant worker?

Definition of truancy

The first step that needs to be taken is to establish the fact that the subordinate skipped work. This is very difficult to do. Under what circumstances is dismissal for absenteeism threatened? Step by step procedure will help you figure this out.

The Labor Code of the Russian Federation states that any subordinate can be fired for absence from work without good reason. Even if we are talking about the first pass. The main problem is that truancy has an ambiguous definition. And if the employer could not establish the fact of illegal absence of a working day without good reason, no dismissal can take place. This is the main problem employers face.

So what is truancy? This is the absence of an employee from the workplace for more than 4 hours in a row. At the same time, the Labor Code emphasizes that a subordinate should not have valid reasons for missing a work shift.

Good reasons

How is an employee fired for absenteeism? Procedure and step-by-step instructions this process difficult only at the very beginning. Namely, when determining how valid the reason for the employee’s absence from work was. Why do problems arise? There are no clear definitions in the Labor Code when missing a working day or shift is considered missed for valid reasons. But similar phenomena include:

• temporary disability of a subordinate;
• being in the performance of civil or public obligations;
• donating blood or undergoing a medical examination for this procedure;
• participation in strikes;
• taking the employee into custody (for example, arrest);
• emergency situations resulting in absence from work and transportation problems;
• salary delay for a period exceeding 15 days;
• carrying out emergency services work that requires access to the employee’s home.

It may be noted that the validity of absence from work is not as easy to establish as it seems. Therefore, at the very beginning of the dismissal process, the employer must not only know the definition of absenteeism, but also understand how valid the reason for the subordinate’s absence from the workplace was. What other actions should the boss take to achieve the task?

Act of offense

How to fire an employee for absenteeism? Step-by-step instruction will help you figure this out. Basic important points have already been considered - this is the definition of absenteeism and valid reasons for absence. An error in deciding whether to dismiss a subordinate may result in liability for the employer.

If you are sure that your employee is skipping work, be sure to record the offense. deeds. Its confirmation must be any evidence of the citizen’s absence from work for more than 4 hours continuously. Remember, absenteeism does not take place until this moment.

Also, evidence of the absence of a subordinate at work can be notes from colleagues, video recordings and other sources of information that record when employees arrive and leave the company.

Checking the possibility of dismissal

What to do next to properly formalize dismissal for absenteeism? The step-by-step procedure indicates that after drawing up an act of missing a working day (shift), as well as collecting evidence, the employer must check how legal his actions are.

In some cases, it is impossible to dismiss citizens on the personal initiative of the employer. Then the employee cannot be deprived of his job for absenteeism. For example, the Labor Code prohibits the dismissal of pregnant women. The employer, under any pretext, at his own request, is not able to deprive an employee of her position of work. Unless the company is liquidated, dismissal takes place.

Disciplinary action

The next step is not provided for all employers, but only for those who provide for violation of the employment contract disciplinary action. The step-by-step procedure for dismissal for absenteeism indicates that after all the above measures, it is necessary to check the timing of the imposition of disciplinary payments.

On this moment Such penalties are possible within a month from the day the employer learned about payments; payments later than six months from the date of absenteeism are not applied.

Explanatory

Before the immediate registration of dismissal begins, the employer must demand from the subordinate explanatory note. This is the main document on which the entire process of depriving an employee of his job depends.

The explanatory note is written in free form. In it, the subordinate must describe all the circumstances under which he was absent from work for more than 4 hours. If there is evidence, it must be presented.

Next, the employer evaluates whether missing a day of work is truly considered absenteeism. If so, you can proceed to the next step. No? Then you do not have the right to fire a subordinate. If the cadre goes to court in this case, law enforcement authorities will not be on your side.

If the employee does not provide his document within 2 days from the date of request, the employer is obliged to draw up a report about this. When legal proceedings such an approach can protect the boss.

Order

The step-by-step procedure for dismissal for absenteeism provides for the mandatory issuance of an order to remove a subordinate from work. But keep in mind that you can draw it up only after you have studied the reason for the absence of a subordinate.

When drawing up a dismissal order, remember that you cannot deprive an employee of his job who is on vacation at the time the document is issued. This restriction also applies to cases where the personnel is temporarily disabled. These rules are specified in Article 81 of the Labor Code of the Russian Federation.

Please note that it is necessary to indicate in the dismissal order the reason for applying the punishment in the form of complete removal from work. Dismissal is prescribed under subparagraph “a” of paragraph 6. This is a mandatory step. Next, the dismissal order is registered by personnel.

Familiarization

Documentation of dismissal of an employee for absenteeism is almost completed. The main part is completed. Now it's a matter of small things. After issuing the dismissal order, it is necessary to obtain the signature of the subordinate on this document. The employer must inform the employee of the penalty applied.

Of course, few people will agree to resign “under the article.” If the employer seriously intends to refuse the personnel, it is enough to make a special inscription on the order stating that the citizen refused to sign the order. It is advisable to prepare some evidence that the subordinate has familiarized himself with the document. For example, make a video recording. It may be required if an employee decides to go to court with a complaint about illegal dismissal from work. Threatened with dismissal for absenteeism? Step-by-step instructions indicate some features of this process.

If there was no signature on the order, you will have to draw up another act, which states that the subordinate refused to sign the document presented for review.

Calculation

What else is needed to properly formalize dismissal for absenteeism? The step-by-step procedure (diagram) indicates that the employer must make a payment to the subordinate for the time worked. If you neglect this point, you can prepare for responsibility.

The employer must prepare and provide a settlement note to the subordinate. With it, the frame is sent to the accounting department to receive the due cash for previously worked time.

Cash is paid on the day of dismissal. This is ideal. If by that time there was no frame, then this operation is carried out the next day after the employee applies for payment to the accounting department.

Work book and card

How to fire an employee for absenteeism correctly? After making a settlement with a subordinate, it is necessary to make the appropriate notes in the personnel’s work book, as well as in his personal card. The reason for dismissal must be indicated. It should be exactly the same as on the order issued earlier.

The person being dismissed must sign a personal card stating that changes have been made and he is aware of this act. If an employee refuses to sign, a report about this is drawn up. You can do without it, but in case of litigation, any documents can help the employer prove his innocence and the legality of his actions.

The next step is to create a slave. This item is optional. Many employers simply skip it. After all, dismissal due to “article” is a potentially problematic situation. It spoils all statistics and affects the reputation of the employer Negative influence. Therefore, you can simply give the work book to the dismissed personnel.

By the way, the employer is obliged to return this document to the subordinate. Even if the employee remains in debt to the company. No one has the right to keep the work books of those fired.

How to fire for absenteeism? The step-by-step procedure must be fully followed. This is the only way an employer can protect itself. Situations often occur in which the person being fired does not want to pick up the work book. In this case, it is necessary to send the employee a notification by registered mail, informing him that the employee must pick up the “labor” document. It is also recommended that if an employee refuses a book, draw up a report on this incident.

If there is no resistance, the frame receives a “labor certificate”, after which it is signed in a special movement register work records subordinates at the enterprise. This confirms the receipt of the document.

Certificate of income

This is all. Now it’s clear how dismissal for absenteeism occurs. The instructions for this procedure provide one more point. It's optional, but if you implement it, you won't have to worry about running into another truant.

It is recommended that at the time of registration of dismissal under the “article” for absenteeism, issue the subordinate with a certificate of his income in form 2-NDFL. By law, an employee has the right to demand this document from the employer at any time.

Please note that the judicial authorities usually come to the defense of the dismissed personnel if the employer made the slightest mistake when registering the dismissal under the “article”. This must be taken into account. The step-by-step procedure for dismissal for absenteeism has been completed. By following these rules, you don’t have to worry that the process of removing an employee will be disrupted.