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

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

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

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

What is a walk?

Important! It should be borne in mind that:

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

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

Sometimes the employer or employee interprets the concept of "truancy" in their own way. For some, this is a failure to appear at work without warning, for others being late, and someone believes that absenteeism is a refusal to do extracurricular work. To resolve disputes, you need to study what the law says. The legal definition of absenteeism is given in Art. 81 of the Labor Code of the Russian Federation.

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

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

• absence of 4 or more hours;
• disrespectful reason;
• month of misconduct.

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

What is absence from work?

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

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

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

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

Time away from work

The law gives the employer the right to dismiss an employee for absenteeism if the employee has been absent for 4 or more hours. It means that, if an absence of exactly 4 hours or less is recorded, then you cannot be fired for absenteeism. Yes, you can apply other disciplinary measures, such as a reprimand, but not dismissal. Having information on how to fire a person for absenteeism, employees sometimes use this four-hour period, which does not allow them to consider absence as absenteeism.

How is time off work calculated?

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

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

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

Total for the whole day will be missed 4 hours 10 minutes. This can be qualified as absenteeism, subject to other procedural requirements.

Good reasons for absenteeism

The legislator for the current year 2020 does not define in any article of the Labor Code what are valid reasons for absenteeism. It is believed that this fact must be established within the framework of the proceedings, that is, separately in each individual case. In practice, a valid basis is one that did not arise at the will of the employee.

That is, they recognize as respectful:

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

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

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

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

Step-by-step procedure for dismissal for absenteeism

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

It is important to comply with all procedural formalities in order to avoid litigation. After all, if the procedure for actions and execution of documents is violated, then the dismissal may be recognized in court as illegal, the employee may be reinstated, and the employer may be required to pay compensation.

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

1. Document the fact of the commission of absenteeism. This can be done by composing the employee's absences. The act is drawn up in the presence of witnesses (2-3 people). It is also permissible if the immediate supervisor submits a report on the commission of a misconduct by subordinates to higher authorities.
2. . An explanatory note is drawn up only in writing. Oral explanations are not suitable. Deadline - 2 days.
3. Based on the results, either an internal investigation is closed, or an act is drawn up. Also, in the absence of explanations from the employee within 2 days, an appropriate one is drawn up (Article 193 of the Labor Code of the Russian Federation).
4. A decision is made to apply the penalty. The right to dismiss for absenteeism is not an obligation, that is, the employer may not dismiss the employee, but apply a different type of penalty.
5. A dismissal order is being prepared.
6. Familiarize the employee with the order.
7. Document the dismissal with an entry in the work book.

The nuances of actions during a long absence

Particular attention deserves the situation when a long absence is made. When dismissed for a long absenteeism, the step-by-step instructions are almost the same as for the usual one, that is, there are discrepancies:

1. Fix the absence: compose , enter data into .
2. Compose about the need to appear and provide explanations.
3. Send a notice to an employee at a known postal address.
4. After receiving notification of delivery, wait 2 days + the period required for the delivery of correspondence.
5. In case of failure to provide explanations and confirmation of the fact of receipt of the notification, draw up an act.
6. Take action to find out the reasons for the absence if the notification has not been received. This step is optional, but recommended to avoid problems in a possible lawsuit after. You can make calls to the relatives of the employee, get their testimony.
7. Write about the activities carried out, recording the information received. Optional.
8. Checkout.
9. Draw up an act on the impossibility of familiarizing the employee with the order.
10. Enter the information in the work book.
11. Perform payment settlement.
12. Send a notice to the employee about the need to obtain a work book.

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

It would also be reasonable to draw up daily acts on the absence of an employee during the entire period of absenteeism, or fix this in another accessible way, for example, by making notes in the arrival and departure log, in order to follow the procedure for dismissal for absenteeism without a good reason.

Registration of procedural papers

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

As part of the investigation, it may be decided to carry out dismissal for absenteeism without good cause if the employee refused to provide an explanation why he was absent. Or he did not confirm the documented reason, even if he considers it valid. This should be documented.

date of dismissal

If there is a dismissal for absenteeism, then what day to dismiss? Difficult question. To make a decision, one must be guided by Art. 84.1 of the Labor Code of the Russian Federation. According to its content, the last working day of the employee is the date of his dismissal, if for other reasons there was no place for him. In the case of absenteeism, the last day when the employee worked is the day preceding the day of absenteeism, provided that a good reason has not been confirmed.

Therefore, if absenteeism was one-time and the employee subsequently appeared and gave explanations that were regarded as a disrespectful reason, the date of dismissal and the dismissal order for absenteeism will correspond to the day the explanatory note was received. if absenteeism is of a long nature, the daily absences of the employee are confirmed by acts and time sheets, and explanations have not been received, then dismissal is allowed on the last working day. However, there will be no violation and dismissal, dated the day the final act was drawn up on the lack of explanations.

Registration of a work book

Entering data into the work book is the final stage of dismissal. If you don’t know or are not sure under which article they are dismissed for absenteeism, then article 81 of the Labor Code of the Russian Federation regulates dismissal for absenteeism. Information is entered into the employee's work book on the basis of an order. The registration data of the order itself is written in the column "Name and date of the document". Sample entry in the labor on dismissal for absenteeism:

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

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

The workbook entry will look like this:

Special cases of dismissal for absenteeism

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

Dismissal and sick leave

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

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

Can a pregnant woman be fired for absenteeism?

Employers are often willing to fire a woman in position. Especially if she makes mistakes. However, the question is: "How to fire a pregnant woman for absenteeism?" - has a simple answer: "No way."

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

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Today we have to find out the valid reasons for absence from work. In fact, this question is extremely important. Especially if you have been working in one place or another for a short time, but for some reason you need not to visit your place of work. Unfortunately, not everyone knows good reasons. And sometimes your rights can be violated. In addition, no conscientious employee wants to receive absenteeism. Therefore, let's try to understand what are the valid reasons for not showing up for work, how to prove them.

absenteeism

The first step is to figure out what truancy is. Maybe it's not so scary after all? Or your failure to appear is not capable of being regarded as absenteeism for one reason or another?

According to the Labor Code of the Russian Federation, absenteeism is absenteeism from work without good reason. But at the same time, there is one small limitation that can save an employee from punishment. Which one? The thing is that they have the right to punish you only when the failure to appear lasts more than 4 hours in a row. Then, and only then, will it be considered absenteeism. The rest is nothing to be afraid of.

In addition, pay attention to the fact that absenteeism is not the absence of an employee for some time at the workplace, which is not the only one for him. And now it’s worth exploring the good reasons for being absent from work. When can you not be afraid of punishment from the leadership?

Disagreements

It is worth knowing exactly for what reasons you have the right not to come to work. After all, very often it turns out that the boss considers what is happening to you to be an insignificant circumstance. But in a detailed investigation, it turns out that you had a really good reason for being absent from the workplace. These are fairly common occurrences.

To play it safe once again, try to warn management that you will not come to work. And fix it somehow. If they want to fire you for absenteeism, you can use evidence that you have taken steps to notify the employer of your absence. Moreover, if you have already been fired, file a complaint with the court. You will be reinstated (if you had a good reason for being absent from work) and paid for this day. Nothing difficult, right? Only few people know under what circumstances absenteeism will not be considered as such.

Weather

Absence from work without a valid reason is grounds for your punishment. In fact, it is worthwhile to clearly understand when the employer really has the right to regard your absence as absenteeism. It has already been said that often the legal grounds and the opinion of the management in this matter do not coincide.

The list of good excuses for being away from work starts with inclement weather. That is, if for this reason you could not get to the workplace, then they have no right to impose any sanctions on you. Was there a hurricane? Biggest blizzard? Blizzard? Traffic jams or thick fog? There is no punishment for all this. Just try to notify your employer in advance of your absence. Often, the weather conditions are not, in the opinion of management, a really important reason that you are absent from the workplace for more than 4 hours in a row. So it's worth knowing your rights.

From vacation

The next scenario is not so common. The thing is that sometimes an employee, for one reason or another, cannot return on time from vacation. Often the weather is to blame. This item is considered a good reason for absence from work. So it will have to be taken into account by your superiors.

Of course, as in the previous case, try to warn the manager about delays. If this fails, just stock up on evidence that you really could not return home for reasons beyond your control and get to work. Otherwise, they may try to either punish you or fire you altogether. And then you have to resort to litigation. And they bring little pleasure to anyone.

Arrest

What else could be a good reason for being absent from work? Examples of some scenarios for the development of events are already known to us. But, as a rule, the conversation does not end there. In general, there is no clearly defined list in the Labor Code. So the entire responsibility for this issue falls on the shoulders of the employer, not the employee. After all, it is he who will be punished and called to account if a citizen was fired for absenteeism, which in fact is not.

Among the possible scenarios for the development of events, one can also single out arrest. If you are arrested for one reason or another, or you were detained by law enforcement officers as a witness, no one has the right to put you absenteeism. And even more so to punish in varying degrees. It is often easy to alert an employer that you have been arrested or called to testify as a witness.

Breakdowns

The next scenario is a breakdown of public transport. If you get to work, for example, by bus, then its malfunction may be included in the valid reasons for absence from work. In fact, this point requires special attention.

Why? It's one thing when it comes to public transport that moves outside the city. Or to the city directly, for example from a village or village. That is, long distance. When it is impossible to get to the workplace in any other way or wait for the next transport in time so as not to be late. Quite another is urban public transport, which runs at regular intervals.

In order for a breakdown to be considered a good reason, it is worth making every possible effort to arrive at the employer on time. Of course, try to warn your superiors about the incident. In such circumstances, no one will have the right to punish you and put absenteeism. After all, you are dealing with a good reason that does not depend on you and your desire.

Care

What else is worth paying attention to? Good reasons for being absent from work can vary. And few people know about them, because in reality the Labor Code of the Russian Federation does not contain a clear list of them. Each case has to be considered separately.

Thus, another good reason for being absent from work is caring for a needy/sick relative or child. If your help is urgently needed, no one has the right to count the absence from the workplace as absenteeism. After all, life circumstances can be different. So consider this factor. Often, employers try even when a citizen is caring for a sick and needy relative or child to impose certain punishments on him. It is illegal. Most likely, if you go to court, it will be on your side.

emergency work

Life is something that cannot be foreseen and predicted for sure. A variety of incidents and surprises can happen to everyone, no one is immune from this. So you have to constantly think about what could be good reasons for absenteeism. Why not fire an employee who did not show up for work?

We have already met with some points. But as already mentioned, there is no exact list anywhere. Each case is considered separately, and the employer is responsible for the punishment. The next scenario is nothing more than emergency repairs in the house / apartment of an employee. If a repairman comes, he should be provided with access to the dwelling. And at the same time, absence from work under such circumstances will not be considered absenteeism.

Here, too, there is one caveat - all repair emergency work should not be carried out at the request of a truant employee. In other words, we are talking only about forced measures. But if you yourself decide to call, say, a plumber at home, instead of going to work, then your absence will be regarded as absenteeism.

accidents

It is also worth paying attention to the fact that accidents are valid reasons for absence from the workplace. This is especially true for those who drive their own car, and also get to work in their own car.

Of course, if an accident occurs, it is worth warning someone about your absence. But you may not do this. Then you have to enlist evidence that you really did not skip, but could not arrive on time for work. Now this is not so difficult to do. So try to play it safe once again. And if you have a real opportunity to arrive on time, do it. Otherwise, you may be afraid of a certain punishment.

Treatment

What are good reasons for not showing up for work? There are a lot of them. But there is no clear list, as already mentioned. And it's unlikely he'll show up. So you will have to figure this out on your own.

In addition to the already listed options for the development of events, one can include in our list of good reasons for undergoing treatment, rehabilitation or visiting a doctor. Usually for this they take time off from work. But if you have not done this, it will be enough to show a referral to a doctor or a sick leave / outpatient card to prove your innocence. Sometimes a doctor can simply issue you a certificate stating that you really visited him or underwent one or another treatment. In this case, no one has the right to fire or somehow punish you. After all, it's illegal.

As you can see, there are many reasons. The issue of absenteeism and good reasons for absence from work, as a rule, has always been very acute. Indeed, in the modern legislation of the Russian Federation there is no clearly defined list of possible reasons why an employee is able to go unpunished if he is absent from work for more than 4 hours in a row.

In addition to various incentives for good work, labor legislation allows the employer to apply various penalties to negligent employees. One of the most common types of misconduct is the optional attitude of employees to adhere to working hours. The most serious of them is absenteeism at work - the Labor Code of the Russian Federation provides that as a punishment for a long absence from the workplace, the manager can even dismiss the subordinate.

Absenteeism or being late

The labor legislation gives a clear definition of what can be considered absenteeism. This is an absence from the workplace lasting four hours or throughout the entire work shift (day), if its duration is less.

Up to four hours is considered late.

Absence must last for four hours or more at a time, if this time is broken, then such an absence from the workplace is considered late.

For example, an employee was delayed for three hours at the start of the working day, and then was absent for another hour and a half after a lunch break. Such a delay is not considered absenteeism, although the total absence was more than four hours.

The legislation leaves the punishment for absenteeism and being late for work at the discretion of the employer. This can be monetary penalties or the application of disciplinary measures provided for in the laws - from a simple remark to a dismissive attitude to the work regime on the part of an employee.

To apply the punishment, the employee must be absent from work without a good reason.

Therefore, before punishing an employee, the manager must find out the reason for being late or absenteeism and the degree of its respect.

The legislation does not provide for a clear gradation of what is considered a good reason, and what reason is not. In most cases, the decision is made by the head, however, some of the reasons for the absence are still listed in the regulations.

Valid reasons for absence from work

Firstly, this is an official absence from the workplace agreed with the employer.. These include:

For example, an employee, upon his application, may be granted leave without pay, in connection with the birth of a child (for the father), marriage and other family circumstances.

This fact of the absence of an employee at the workplace is known in advance and appropriate orders or orders have been issued. In addition, there may be an oral agreement with the immediate supervisor that the employee will be absent from work for a certain time for personal reasons.

Secondly, valid reasons are recognized that have documentary evidence. They are not known until the moment of absence, however, the employee can provide an official document that confirms the seriousness of the reason for being late or absenteeism.

Such documents and grounds include:

• due to temporary disability of an employee or his minor child;
• the need to be present at court hearings;
• participation in events held by law enforcement agencies;
• detention until found guilty.

Thirdly, various force majeure circumstances that led to being late or absenteeism. These include man-made and natural disasters, traffic accidents, emergencies at an employee’s home, death of a close relative, etc.

For example, at night there was a hurricane, a tree fell and blocked the only exit from the entrance. For half a day they waited for the arrival of emergency services, who removed the blockage and freed the door.

If possible, it is necessary to notify the employer of such circumstances before the registration of the fact of absence from the workplace begins.

Fourthly, the employer’s actions that violate labor laws can serve as the reason for absence from the workplace. This may take more than 15 days, non-admission to the workplace of an employee reinstated by the court, violations in the field of labor protection.

For example, if the payment of earned money is delayed, an employee can write an application to suspend the performance of his official duties and not come to the workplace (Labor Code of the Russian Federation, Art. 142).

Punishment under the Labor Code of the Russian Federation for absenteeism at work

The validity of the reason for the absence of an employee (other than those established by law) is submitted to the employer for consideration.

For unreasonable absence from the workplace, the labor code provides for three types of disciplinary liability - remark, reprimand, dismissal (Labor Code of the Russian Federation, Art. 192). For some categories of workers, for example, state and municipal employees, personnel of the armed forces, additional penalties may be provided - demotion in rank (positions) or deprivation of a special insignia.

The employer may, but is not obliged to, apply penalties for absenteeism, for example, at work, an employee is considered a responsible person and performs official duties at the proper level. In this case, a single delay can be forgiven. Or get off with a verbal remark in a conversation with management.

When an employee systematically violates discipline, the manager applies the punishment for absenteeism in accordance with the labor code.

In addition to disciplinary liability, the company may also apply material penalties.

The system of monetary fines is prohibited by law, but an employee can be deprived of part or all of the amount of bonus payments.

Sometimes employees receive part of the salary in circumvention of the law under various "gray" schemes, and the company's management can fine them by not paying this money. The very fact of unofficial wages can become a reason for the punishment of both the management of the organization and its employees by the regulatory authorities.

If the company fines employees for money for any violations, then this may be the reason for contacting the labor inspectorate. In such a situation, the employer will already receive a fine legally.

Registration of absenteeism at work without good reason

In order to apply disciplinary or monetary penalties, it is necessary to properly document the very fact of the absence of an employee.

First, an act is drawn up on the absence from the workplace assigned to the employee for an unknown reason. In the time sheet, the mark "HN" is put.

If the employee fails to appear for several days, it is better to draw up such acts daily, since after returning to work, the employee can provide documents confirming the validity of his absence on some of these days.

For example, an employee has been away from work for two weeks. The act was one for the entire time of absence. However, returning to the workplace, the truant presented a sick leave for an injury lasting one week. Such circumstances make it problematic to apply sanctions.

Then, after the appearance of the truant at work, it is necessary to request an explanation from him in writing about the reason for the absence. The employee is given two days to compile this document. If he did not provide an explanation, then the note “refused to explain the reason” is put in the act of absence.

After that, a decision is made on the application of measures. Depending on the type of punishment, an order (order) is issued to issue a remark, reprimand or dismissal of a negligent subordinate. He gets acquainted with this document against signature.

Disciplinary punishment in the form of a remark or reprimand is not reflected in the work book of the violator, but the employee of the personnel department makes a note about this fact in the personal card or personal file of the truant.

Upon dismissal, the work book indicates Art. 81.6 of the Labor Code of the Russian Federation, such a reason for terminating an employment relationship will create a lot of problems for a negligent employee when looking for work in the future.

The procedure for dismissal is similar to any other. Payment of the required funds, compensation for unused vacation, issuance of a work book in the hands of the employee.

If the employee has not returned to his workplace after absenteeism for an unexcused reason, then the last working day is the day when he was last at work.

In addition to documenting the fact of absence from the workplace, it is also necessary to comply with the deadlines for applying the penalty.

Terms of punishment for absenteeism and removal of disciplinary action

Any type of disciplinary punishment for absenteeism cannot be applied to a negligent employee if more than six months have passed since the moment of absenteeism (Labor Code of the Russian Federation, Art. 193). In addition, no more than a month must pass from the moment of discovery of the fact of absence from the workplace without a good reason. This period does not include sick leave or leave of the employee, as well as the time period in which, if necessary, the permission of the trade union to apply disciplinary liability is requested.

For one fact of absenteeism, only one type of punishment can be applied.

For example, you cannot reprimand a person and then fire him for a single instance of absenteeism.

A disciplinary sanction is removed one year after its imposition, if during this period the employee does not perform similar actions (Labor Code of the Russian Federation, Art. 194). This fact is taken into account when choosing measures to influence the employee when they repeat absenteeism. When more than a year has passed since the previous case of absence from the workplace, such an employee is considered punished for the first time.

If the employee has corrected himself and behaves in a disciplined manner, does not allow other violations in work, then the head has the right to withdraw the penalty earlier than the deadline established by law by order.

Complaint for absenteeism

In a situation where an employee does not agree with the fact of absenteeism or the correctness of the measure taken, he can appeal against the actions of the employer in court.

To do this, the first thing an employee needs to do is not to sign documents that record the facts of a violation.

The signature under the act of identified absenteeism, an order to apply a disciplinary sanction or deprivation of a bonus is a recognition of the misconduct itself.

In addition, in writing, the employee must state his point of view on the fact of absenteeism, backed up, if possible, with official documents confirming his location in another place and the impossibility of being present at work.

In addition, an employee cannot be fired for absenteeism if he has previously submitted applications to the employer for the suspension of work due to violations of labor laws or labor protection standards.

When the penalty is nevertheless imposed, the employee files a lawsuit with a request to remove the remark or reprimand, or. If there are good reasons, the courts satisfy the requirements of the employee.

In order to avoid a situation with litigation, all documents on the fact of absenteeism must be properly executed, be sure to comply with the deadlines established for this.

The most common violation on the part of employees is being late or absenteeism (prolonged absence) from work. The consequences of such behavior of the employee are sanctions from the employer. In case of non-appearance for disrespectful reasons, an employee can be deprived of a bonus, a remark or a reprimand can be announced, and if the violation is systematic, even dismissed. Apply measures of influence or limit yourself to a simple conversation - such a decision is made by the direct employer of the employee, since the law does not oblige the company's management to punish the employee.

Last modified: January 2020

Missing work hours may be subject to disciplinary action by the employer. However, there are good reasons for non-attendance at work, justifying the employee by some norms of the law. In order to eliminate the risk of undesirable consequences on the part of the administration, as well as to be able to justify the position at work, the employee should carefully study the circumstances under which the absence will not become a violation of labor discipline.

Difficulties with the correct interpretation of situations in which the employee is absent from the workplace are sometimes experienced by the employer, because there is no direct explanation on this issue in the Labor Code of the Russian Federation.

When absenteeism becomes absenteeism

The law considers 2 categories of non-attendance, depending on the specific circumstances of the person.

1 The first category is absence from work without a valid reason, when nothing prevented the employee from appearing at work, but he ignored the obligations under the employment contract and neglected the assigned duties. If the absence from work exceeded the 4-hour interval, and the employee could not provide convincing evidence that the pass was agreed with the legislative norms or the management itself, they speak of absenteeism. Absenteeism without a good reason is a reason to apply a penalty to the offender (reprimand, severe reprimand, dismissal under the article). 2 The second category is interesting in that skipping a working day will not entail negative consequences, since it is agreed upon by law. If a person could not physically be present and fulfill labor obligations, if there is a good reason for not showing up for work, the employee is not a truant.

Sometimes there is a misunderstanding between the parties to the employment relationship, and management orders the employee to be fired. A person who disagrees with the opinion of the administration has the right to challenge such a decision and be reinstated in the same place by applying to the court.

good reasons

The opinion of the management in determining the degree of guilt of a absent employee has a certain weight, but in priority, the validity of the reason for the absence is judged based on the norms of labor legislation (Labor Code of the Russian Federation). Sometimes an employee is exempted even from the need to coordinate his absence (for example, with the development of an indisposition, confirmed by an open sick leave).

Before judging the right to absenteeism, employed citizens should examine cases of mandatory management notification and situations where prior approval is not needed.

Article 128 of the Labor Code of the Russian Federation defines circumstances that require mandatory notification of absence from work due to leave at one's own expense. Articles 125, 262, 267 regulate special situations where unpaid leave is granted without the consent of the administration.

Upon prior notice, employees have the right to be absent for the following reasons:

• death of a family member or close relative (upon an application addressed to the manager, a 5-day unpaid leave is allocated);
• registration of marriage in the registry office and wedding celebrations (5 days of vacation are issued without saving payment);
• the birth of a child gives a similar right to 5 days at his own expense.

Certain categories of citizens have the right to be absent for the number of days established by the Labor Code of the Russian Federation, having previously notified the employer of the reasons for absence from the workplace, the following categories can serve as an example of such absence:

• persons with disabilities (with an assigned disability group);
• veterans of the Patriotic War;
• employed citizens of retirement age;
• employees who have not reached the age of majority;
• legal spouse, parents of law enforcement officers and rescue workers who died in the circumstances of the line of duty;
• parents who are dependent on children with disabilities;
• employees who went on paid leave and then called back from it to perform urgent work in the interests of the company;
• hired personnel who did not receive wages within the time limits determined by labor legislation.

The last paragraph requires compliance with the mandatory notification procedure. If the management delays labor payments, on the basis of Art. 142 of the Labor Code of the Russian Federation, after a 15-day period from the date of the date of the planned receipt of wages, the employee notifies in writing of absenteeism.

In a statement addressed to the manager, the employee explains the reason for absenteeism - the delay in paying wages.

Assuming valid reasons under which employees of the above categories have the right not to go to work, the law requires a written notification of the organization's management of their intentions, since the sudden absence of a specialist threatens to disrupt the production process and other negative consequences for the organization.

To protect yourself from the arbitrariness of the administration, all written appeals addressed to the management should be duplicated, insisting on registering the document and marking your own copy for consideration. If it is not possible to personally transfer the papers, it is possible to send a registered letter with a delivery notification.

Additional reasons

There is no separate norm and article in the labor legislation where it would be listed what is considered a good reason. In the following cases, an absent employee has the right to count on coordinating the time of his absence from work without subsequent sanctions from the administration:

1. Temporary disability of an employee or a member of his family, confirmed by an open sick leave, gives the right to be absent legally for the entire period of illness.
2. Donation, with confirmation of the fact of blood donation by a relevant certificate from a medical institution, serves as the basis for release from work duties for 2 days.
3. A strike with the participation of an employee does not give the management the right to fire a person for a pass, which is confirmed by Art. 414 of the Labor Code of the Russian Federation.
4. Calling a citizen to perform duties to the state, if it is necessary to perform special assignments or public works.
5. Involvement in court proceedings through the subpoena.

Since the Labor Code does not clearly indicate which situations can be considered disrespectful reasons for non-attendance, one should adhere to the basic norms of the Labor Code and established judicial practice. So, for example, the following situations can be recognized as disrespectful reasons:

• passing a medical examination, consulting a doctor without opening a sick leave;
• absence from work with an unregistered exit from vacation and the absence of supporting papers that the period was worked out;
• lack of agreement on the application for leave to care for a minor ward;
• husband's hospitalization.

Unless otherwise provided by law, management will decide whether to consider the reason for non-attendance as valid or to apply punishment for violation of labor discipline.

Depending on the severity of the misconduct, the management has the right to reprimand for a single fact of violation, but with systematic misconduct and ignoring the mode of operation, the administration may be subsequently dismissed under the article.
In special cases, if the absence from work for more than 4 hours caused a failure in production and led to losses for the enterprise, dismissal with the first misconduct is also lawful.

If the employee considers the applied sanction to be excessively strict, the decision of the administration is challenged in court. Do not forget that the final decision on whether to punish a subordinate, the leader makes on his own, and has the right to cancel the punishment or limit himself to an oral remark.

Position of personnel officers

Before you initiate a dismissal or issue a reprimand, you should wait for an explanation from the employee. Sometimes, unforeseen circumstances arise in which it is not possible to notify the manager or be present at the workplace.

There are some external circumstances that do not depend on the will of a person, and force majeure cannot be a reason for accusing a violator of discipline. Such situations include:

• the jamming of the elevator makes it impossible to get to work on time, and the time it takes to rescue a person can last for hours;
• car accident while driving to the place of work;
• departure of the regular bus and the unavailability of alternative ways to get there;
• natural disasters, the effects of the elements (floods, hurricanes, etc.);
• an epidemic in the region, forcing mandatory vaccination;
• problems with transport when returning from a vacation trip or business trip, lack of travel tickets.

If, at the request of the employer, a person submits a detailed explanatory note and attaches supporting documents, the application of sanctions is unlawful, since there were good reasons for being absent from work.

When an employee did not go to work, having previously agreed with the manager about the absence, it is impossible to punish the employee if an order for time off or leave was issued before leaving. Even if the consent of the employer is not required, the employee must still apply and obtain an approval visa for the supervisor. So that later it would not be possible to apply disciplinary sanctions against an absent person, it is worth getting an order to provide days of vacation or time off.

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Maria Soboleva

How to skip work without unpleasant consequences?

How to skip work - well, admit it, such a question at least sometimes arises even for the most disciplined employee. We understand that this is not good, but we are not robots and we can afford not to come to the workplace once. That's just a valid and convincing reason to come up with.

How to skip work and not get fired

If you are lucky enough to have loyal management, then almost any excuse will do as an excuse for a missed work day.

In general, for absenteeism under strict bosses, any employee may well be threatened with dismissal. At best, a reprimand or a fine. So you have to think in advance how to skip work without consequences.

Absence from work — the most valid reasons

An additional day of rest, or time off, you can ask your superiors in advance for working overtime or on weekends. He will not be paid, but walking relatively legally is quite realistic. Notice of your intention to take time off must be given in writing.

Another option for not showing up for work for a good reason is to donate blood. Do a good deed in the morning and the whole day is at your disposal. This, of course, is not for everyone. Not everyone can become a donor for health reasons, and many of us are afraid of the procedure.

If you still decide on this option, fill out a certificate at the donor center and an official explanation of your unwillingness to work today will be provided.

Alibi will provide you with a certificate that you have visited a doctor, an entry in the outpatient card. You could become ill and you decided to urgently visit a doctor. But you should notify your superiors about your intention to seek medical help on the day of absence from work.

It will save you from troubles and a certificate of illness of a child or a relative who needs your help - escort to the hospital, care, supervision.

How else to skip work and not be fired: in the event of an urgent call for a repair team to eliminate an emergency - problems with gas supply, pipe break, sewer blockage.

But the installation of plastic windows or the installation of entrance doors, which made you skip work, will obviously anger a strict manager. You will be able to convincingly talk with your superiors - you are lucky.

If you have the ability to get fake certificates, don't expect to get away with it. Once or twice the number may pass, but when you abuse it, the management can check the authenticity of the documents.

The reason for the absence - what to say

Walking, of course, is not good. But since this happens to almost everyone, consider the most popular reasons for absenteeism.

Most often, employees refer to poor health, and then there is a chance for a day or two to take a break from work.

For example, you caught a cold, and in order not to infect the team, you decided to heal at home. Look for the cause of a cold depending on the season - in the winter of an infection (he caught it from Yulia from the accounting department, picked it up in a crowded trolleybus), in the summer - air conditioning or a draft.

Or a terrible migraine broke out, which will not give you the opportunity to fully work. Or you have a toothache - you will urgently have to visit the dentist.

The version of your food poisoning sounds convincing, after all, this can easily happen to anyone. They ate something like this at a party or in a cafe - and this is the result. Sit at home for a day.

You need to call with a complaint about your poor health early in the morning - it’s more convincing, the voice of waking up will be more like a patient. In addition, you are very worried about your absence and warn about it in advance.

And you can simulate a cold by drawing water into your nose, the illusion of a runny nose will be provided. When you get back to work, keep pretending to be weak, take some pills. Play the role, so perishing until the end.

Skipped work - what to do

What to do if you skipped work - write an explanatory note, and even before you are asked to present it. Describe more convincingly the reasons and circumstances of your absenteeism, it is better if the note is supported by some papers (certificates, telegrams, letters).

For example, a telegram about the urgent arrival of relatives, but you must meet and accommodate them.

Those who work with clients can come up with a meeting with one of the respectable people as an excuse for their absenteeism: they played bowling (billiards, squash) and discussed the details of the future contract.

Sometimes it helps to get rid of the banal fiction that the husband (child, mother) took away both sets of keys and you could not close the apartment.

Women have a completely natural reason for skipping work - critical days.

Lack of transport, an accident, a natural disaster - these are quite good reasons for not appearing at the place of their work. In order not to be late for work as a result of such force majeure, you decided not to come at all and work that day fully at another time.

Each person may have a personal need to miss a working day, but it is always better to negotiate with management and work out your hours later. Then there will be no need to puzzle over how to skip work. And a little respite will help you work with great enthusiasm later.

Take it, tell your friends!

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