For good reason, I couldn't. What are good reasons for not appearing in court? The reason for the absence - what to say
The May holidays are just around the corner - the time when you can finally relax and take a break from work. But what if you don't feel like going to work today? Agree, it happens that you seem to have earned the image of a hardworking employee, and your conscience is frankly against ... but you really want to take and skip work, remaining to lie further in a warm bed or on the couch, watching morning TV shows ... And if the child is sick or you are in captivity impotence after yesterday's party?
No, you can, of course, rely on understanding from the authorities. But what if the relationship with the leader is not warm? Then, of course, it’s better not to skip it - you yourself know what the consequences are. But if you still decide to pass, you'd better enlist the support of the legislation - it, fortunately, contains several options for successful maneuvering. Careerist.ru will help you find a really “good reason”.
1. Donation
Probably the most proven way not to go to work is to donate blood. It allows you not only to realize your noble intentions to help humanity, but also provides material benefits in the form of food or monetary compensation at the donor center. Well, besides, according to Art. 186 of the Labor Code, on this day it is quite legal to skip work. Moreover, the day following the donation of blood can be similarly absenteeism, and this will not affect your salary in any way, so you will not be left without money either. If there is no desire to rest specifically on these days - no problem, weekends on the occasion of donation, at your sole discretion, can be transferred to any other day or added to the vacation. The main thing is that the authorities do not get angry for such tricks ... Although, the law is on your side, right ?!
2. Work on weekends and holidays
If your bosses like to take advantage of your accommodating nature and are ready to “kick you out” to work on Sunday, it's time to use it against them. You should not immediately refuse to work on a day off, because it provides you with a good trump card in case the desire to sleep off is stronger than the cries of the boss. So, according to Art. 153 of the Labor Code, if you are unlucky and your boss forced you to go to work on the weekend, then you may well demand a day off on another day convenient for you. But this is only if you do not need money, because if you do not ask for an additional day off, the work should be paid at double the rate. If absenteeism is needed today, you can offer the boss a small castling: a day off today, and on Sunday to work. Will agree...
3. Temperature violations
Not the most "corporate" way to justify your own absenteeism, but still. So, if the office is too cold in winter and too hot in summer, the employee has every right to suspend work by notifying the employer in writing. In particular, according to the Hygienic requirements for the microclimate of industrial premises, the air temperature in the office during the cold period of time should not fall below 13˚C, and in the warm period - no higher than 28˚C. Violation of these limits can reduce performance, worsen your well-being and generally harm your health, and this, according to Art. 379 of the Labor Code, gives the employee the right to refuse to perform work by notifying his superiors in writing. Yes, and for this period your salary is kept. True, not every boss will endure such “maneuvers”, so if you really sabotage work, then it’s better for the whole team.
4. "At your own expense"
Since Soviet times, in the corporate culture of workers, there has been such a thing as going “at your own expense”, that is, getting an unpaid day off or several days off. Today, such an opportunity is also present - according to Art. 128 of the Labor Code, for family and other valid reasons, at the written request of an employee, he may be provided with several such days “at his own expense”. The duration of such a rest is negotiated with the authorities, and can even be 1 day. This, however, is only the right of the employer. But it can become his responsibility if, for example, you are a pensioner, a working disabled person, you have a child, you are celebrating a wedding, or your close relative has died, you combine work with education and in other cases provided for in Art. 128 TK.
5. Corporate time off
Corporate time off, unfortunately, is rare, and is not established by law, therefore, not everyone has the opportunity to get it. But if you are determined to skip work tomorrow, it may be worth reading the employment contract. The fact is that many companies practice providing employees with paid (or unpaid) time off, without requiring an explanation of the reasons - corporate culture, what can I say. But you might not have been told about this at the time of employment, so we take an employment contract and carefully study the section “Rights and obligations of the employee”, “Working time and rest time”, as well as “Other conditions”. If, lo and behold, in these sections there was a rule on giving you time off - take care of your employer, only a few are lucky.
6. Study leave
Studying and working at the same time is the lot of real heroes, so just for that they need to be given extra days off. But the law thinks otherwise, providing the opportunity not to attend work only during sessions, passing state exams and writing a thesis. In particular, according to Art. 173 of the Labor Code, during sessions on 1-2 courses, up to 40 days are provided, and then up to 50 days (with secondary education, 30, respectively). Moreover, state exams are given vacations of up to 4 months, and 10 months before they start, the employee has the right to demand that the employer reduce the working week by 7 hours, which can be done by providing the employee with one more day off from work a week. It turns out that during the 10 months before the "states", you can have one more floating day off per week. Yes, just for him it is already worth going to study!
7. Physical examination
Medical examination is always troublesome. You have to go around a lot of doctors, stand in queues for kilometers and, in general, spend a lot of time on this. And if the employer sends you to pass it, he understands perfectly well that such things are not done quickly. By the way, yes, you are not required to undergo it during non-working hours - a medical examination, if it is carried out in ordinary hospitals of the trade union, then this is always working time. At the same time, according to Art. 185 of the Labor Code, the time for passing a medical examination is fully paid by the employer, even though it will be half a working day, at least a few days. And here you need to understand that the speed of its passage will depend solely on you, your acquaintances in the hospital and quickness in the queues. Or maybe the necessary certificate was generally obtained in advance, and it will be possible to spend the day of the medical examination outside medical institutions?
8. Ill child
Is the child sick? With what, with what, and there are definitely no problems with this - the legislation allows one of the parents of the child to issue sick leave for the duration of his illness. According to the Order of the Ministry of Health and Social Development No. 624n, which regulates the procedure for issuing sick leave certificates, sick leave is issued in case of caring for a sick child under 7 years old - in any case of illness, and up to 15 years old - with outpatient treatment or the need to stay together in the hospital. And if a parent takes care of a disabled child, then according to Art. 262 of the Labor Code, he is given 4 additional days off every month.
9. Work in the village
If you are lucky (or unlucky) to work in the countryside and at the same time be born a woman - know that according to Part 2 of Art. 262 TK, you are entitled to 1 additional unpaid day off per month, which is provided at the request of the employee herself without argumentation and explanation of the reasons. I want to rest, that's all! This is due to difficult working conditions in rural areas, especially since women usually work there either on livestock farms or in the field. Nevertheless, the day off is provided regardless of the presence of children and other subjective factors, even if you are a milkmaid, even if you are the chief accountant of the village council. The main thing is that this is a statement on their leadership, and that’s it, you don’t have to go to work!
10. Delayed salary
Although this is a negative example, the employee has every right to suspend work and not go to work, notifying the authorities about this in writing, if the period of delay of wages was 15 days. No salary? Work yourself! According to Art. 142 of the Labor Code, such a lonely protest against corporate arbitrariness can last until the delayed amount is paid. When ready to pay the delayed amount, the employee is obliged to go to work the next day. At the same time, at the time of the suspension of work, he is not obliged to be at the workplace, so if they do not pay salaries for 2 weeks, stay under the covers, having previously written a statement to the authorities. Do not be afraid for your salary - for the period of such a strike, according to Part 4 of Art. 142 of the Labor Code, the employee retains average earnings.
In general, it is better to establish good relations with the authorities, and always have the opportunity to take time off - the law is the law, and trusting relationships with management are worth much more.
Reasons for not appearing in court and not incurring any legal consequences for the desired behavior are called valid. It is rather difficult for a citizen who does not have knowledge in the field of jurisprudence to determine their list, since he, in fact, has only a subjective view of the situation and does not understand anything about legislative regulation. In this article, we will tell our readers what a good reason for not appearing in court can be, and what consequences you can incur for not showing up to your case for no reason.
As we have already said, a good cause is a kind of excuse that relieves you of the legal consequences that arise when you miss a court session in which you are a participant. If you do this for no reason, you can run into a lot of trouble, feeling the full severity of them, which is inappropriate, given that you are already forced to participate in a court session.
In fact, a lot will depend on several very important parameters.
- So, first of all, it plays a role category of offenses considered at the meeting. This is about:
- administrative;
- criminal;
- civil.
- The second important parameter is What role do you play in the meeting? In other words, if you are a direct defendant, or, for example, a plaintiff, you must be at the meeting, otherwise the consequences will be tangible. If, on the contrary, you are a simple listener, then in general it is not only not necessary for you to be at the meeting, but it is not always allowed, therefore, the consequences can be avoided.
The most unpleasant consequences of failure to appear in court without a good reason are presented in the list below.
- First of all, without visiting the court, you lose the opportunity to independently defend your position, express your opinion, and explain it to the court. This is a serious omission, since sometimes the sincere words of the accused are much more effective than the dry speech of a lawyer.
- In civil litigation, not appearing at trial means not being able to present any evidence of your case, which again reduces your chances of winning.
- One of the most important legal consequences is the following: if you do not visit a court organized to consider a case in which you are a direct participant, you lose the opportunity to further appeal to a higher authority of its results. Whatever they are, you'll have to deal with it.
As you understand, without visiting the court, you actually waive the right to influence its outcome in any way. The impression made on the persons considering the case is very, very important, and it is very foolish to neglect the opportunity to influence it.
Video - Responsibility of a witness for failure to appear in court
What are good reasons for failing to appear in court?
Now that we have decided on the possible consequences, let's move on to a direct consideration of the reasons why missing a meeting in court can be accepted as valid.
In fact, the legislative acts of the Russian Federation do not provide a clearly defined list of good reasons that allow avoiding consequences for a person participating in the proceedings.
In fact, they say that the degree of "validity" of the reason will be determined directly by the judge dealing with the case. In order to bring to his attention the impossibility of appearing, it is necessary:
- notify the desired state structure that you, against your will, do not have the opportunity to appear in court;
- list the reasons that prevent you from fulfilling the obligation in question;
- provide facts proving the circumstances presented, supported by documents or in any other way.
By notifying the court of the impossibility of appearing and by providing evidence of your “innocence” on this issue, you will achieve a positive attitude towards you, as well as postponing the trial to another date.
Consider in the table below a list of good reasons, which in modern judicial practice are always taken into account by the state judicial system and its representatives.
Table 1. Valid reasons for not appearing in court
| Diseases | Environmental influences | Reasons for mail delivery | Need to leave |
|---|---|---|---|
| The first and most common reason why citizens miss a meeting is an illness that can occur in: In other words, the illness must be of moderate severity, at a minimum, and supported by medical evidence, since if you refuse to appear in the courtroom because of a common cold, not even aggravated by a temperature, most likely your reason will not be considered valid in any way. | The second reason is represented by circumstances that a person cannot control. In other words, we are talking about an external influence: Provided that the circumstances listed above have caused you to be unable to reach your destination, the reason for your failure to appear will be taken into account by the judiciary. | As you know, postal items in our country may or may not be delivered to the addressee due to the dubious functioning of the country's main postal service. In view of this, some notices of the need to appear at the court session never reach the addressee. Non-receipt is confirmed as follows: In this case, failure to appear is considered not as an offense, but as a circumstance that occurred for a good reason. | It happens that the date of the meeting coincides with the need to go somewhere that cannot be postponed. We want to say right away that no matter how unfair it may be, leaving for an expensive vacation (and losing tickets when missing a flight) cannot be valid reasons. The following factors may be of interest to us: |
We would like to draw your attention to the fact that the last category of reasons, related to the need to leave on the day of the meeting, will not be assessed as valid in every case, since due to the mentality that has formed in the post-Soviet space, all trips are assessed as exceptionally personal circumstances, and transferable if desired to a later date. Therefore, you will need to try very hard to be considered respectful and accepted.
So, as a rule, the judges are lenient precisely those absenteeism at the hearing that were agreed upon by you in advance, by filing a petition for:
- postponement of the date of the court session;
- proceedings without your presence.
In this case, “family circumstances” will suffice as an indication of the reason.
Summing up
Of course, each of us receives various professions during our life, so we all cannot be equally knowledgeable about the legislative provisions in force in the country. That is why many do not even suspect that failure to appear at a court session is an act subject to condemnation by state structures. It is very important to understand under what circumstances it is necessary to deny yourself the intention to miss the meeting and fulfill the obligation entrusted to you.
A good reason for absence from work helps the employee avoid disciplinary punishment. In the material you will find a list of such reasons and the procedure for the employee to justify his absence from the workplace.
Reasons for absence from work: general classification
The reasons for the absence of an employee in the workplace are of two types: respectful and disrespectful. The qualification of the reason and its assignment to one or another group is carried out by the employer - only in his competence is the assessment of the legality of the employee's absence from work during working hours.
Important! The absence of a good reason for an employee is the main sign of absenteeism, for which you can lose your job (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation).
The absence of a valid reason for an employee will inevitably entail the imposition of a disciplinary sanction on him.
The material will help to document the punishment due to the lack of valid reasons for the employee "Order on disciplinary action - sample and form » .
An employee can avoid disciplinary action (including dismissal) if he justifies his absence with the help of arguments called good reasons in labor relations.
All valid reasons for the absence of an employee at work can be classified into 4 groups:
- reasons caused by force majeure;
- reasons due to the personality of the employee;
- documented permission of the employer;
- legislative norms.
These groups will be explained in the following sections.
Good Reason List
Appearing at the workplace on time may be prevented by objective reasons, when the desire to work alone is not enough - it may be prevented by force majeure circumstances:
- accidents;
- catastrophes;
- weather disasters;
- military operations, etc.
The employee is not able to influence these circumstances, but he may become their unwitting participant, as a result of which it will not be possible for him to get to work on time.
The next group of valid reasons is directly related to the employee himself, his children or his place of residence. Such reasons for his absence during working hours at the workplace can be represented as follows:
- illness of the employee or his child;
- participation in a court session as a juror;
- call for military training;
- participation of an employee in a mandatory periodic medical examination;
- communal accident at the place of residence of the employee, etc.
The following group of reasons, by their nature, cannot cause disciplinary punishment (if the written consent of the employer is obtained), however, it justifies the absence of the employee at the place of performance of his labor duties:
- death of a close relative;
- wedding;
- the birth of a child, etc.
The last group of valid reasons is quite rare, but it is necessary to know about its presence so that the consequences of the employee’s absence from the workplace do not cause unnecessary proceedings (including litigation).
Among such reasons can be attributed the norm of labor legislation, reflected in Art. 142 of the Labor Code of the Russian Federation - if the employer has delayed the payment of wages for more than 15 days, the employee has the right to suspend work and, as a result, be legally absent from the workplace. In this case, the employee will have to notify the employer in writing about the suspension of work.
What kind effects , in addition to the absence of workers in the workplace, arise for the employer when wages are delayed, read in this article .
Absence from work: how to justify and insure?
Finding the reason for your absence from the list of valid ones is not always enough to justify the situation and not in all cases helps to avoid punishment. For example, a person was sick, but did not apply to a medical institution and does not have documentary evidence (certificate or sick leave). In this situation, everything will depend on the decision of the employer, the reputation of the employee himself and the degree of trust in him by the management.
In any case, the employee must notify the employer of all his absences (by phone, e-mail, orally, etc.). In addition, it is still necessary to take care of documentary confirmation of the situation, as a result of which the employee could not be present at the workplace during the working period (summon from the military registration and enlistment office, document from the medical institution, etc.).
Additional documentary arguments will allow the employer to make an informed decision and not violate the rights of the employee, and in some cases will help to cancel the punishment imposed by the employer for absence from the workplace.
How to issue removal of punishment m. in the material "Order on the removal of a disciplinary sanction - a sample" .
Results
A good reason for absence from work allows the employee to avoid disciplinary action. It is better to support it with documentary evidence, and as soon as possible, the employer should be notified of the occurrence of situations that prevent the employee from being present at work.
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. These 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 a verbal 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 manager 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 be limited 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.
One of the grounds for dismissal of an employee at the request of the employer is absenteeism, but sometimes situations arise when employees do not show up on time or leave their jobs for good reasons. To avoid litigation, managers need to know a specific list of problems in which termination of an employment contract would be considered illegal. Read also article ⇒
What is a walk in the Labor Code of the Russian Federation?
A complete list of grounds on which employers can dismiss their subordinates on their own initiative is indicated in Art. 81 of the Labor Code of the Russian Federation. Among them there is absenteeism - absence from the workplace for more than 4 hours in a row without a good reason.
To terminate an employment relationship due to absenteeism of a subordinate, the following is required:
| Action | Description |
| Fixing absenteeism | Draw up an act and ask two other employee witnesses to sign it. You can also use video recordings and memos as evidence. |
| Claiming an explanatory note from the guilty employee | Within two working days, he must provide a written explanation (Article 193 of the Labor Code of the Russian Federation). If this does not happen, an appropriate act is drawn up. |
| Drafting a dismissal order | Must contain a description of the reason and a reference to Art. 81 of the Labor Code of the Russian Federation, indicating the legitimacy of the actions of the employer |
| Familiarization of the employee with the order | He puts his signature on the document. If he refuses to sign, an appropriate act is drawn up. |
| Entering information into a personal card and work book | The reason for dismissal is indicated on the basis of paragraphs. and paragraph 6 of Art. 81 of the Labor Code of the Russian Federation. |
| Full settlement | On the last day of work, salary and compensation for the rest of the vacation are paid |
List of good reasons for absenteeism
Sometimes circumstances arise when working citizens cannot predict their absence from work in advance, and this will not be considered absenteeism:
- Illness or injury. You will need a medical certificate to confirm.
- Delay of the vehicle following to the place of work according to the schedule.
- Sudden hospitalization of a close relative.
- Fires and other emergencies.
- Natural disasters.
- Malfunctions of utility networks (water leak, gas leak).
- Getting into an accident on the way to work (a certificate from the traffic police is required).
Good reasons for absenteeism include delayed wages. According to Part 2 Art. 142 of the Labor Code of the Russian Federation, if the employer delays her for more than 15 days, employees may not go to work, having previously notified him of this in writing.
Absenteeism is also considered respectful in the event of family circumstances:
- birth of a child
- death of a relative.
In this case, the employee may ask for unpaid leave for up to 5 calendar days on the basis of Art. 128 of the Labor Code of the Russian Federation.
Below is an example of groundless dismissal for absenteeism:
Savelyeva I.V. works in LLC as a manager, her working day starts at 09 o'clock. 00 min. On the way to work, she gets into an accident, no one was hurt. It takes 3.5 hours to wait for traffic police officers. After drawing up the accident scheme, the culprit, together with Savelyeva AND.The. sent to the traffic police department, where all documents are processed.
Subsequently, Savelyeva AND.The. provides a certificate of the incident to the manager so that the absence from work is not recognized as absenteeism.
What reasons are considered disrespectful?
A specific list of disrespectful factors of the Labor Code of the Russian Federation is not provided, however, in judicial practice there are several situations when dismissals for absenteeism were recognized as legitimate:
- Failure to provide sick leave for the entire period of illness.
- Leaving for any vacation, if the application is not signed by the head.
- Caring for a relative who is in hospital, if this is not necessary.
- The employee arbitrarily and without good reason left the workplace without coordinating this with the boss.
- The circumstances of absenteeism are unknown to the management, but the employee himself refuses to give explanations.
- If a person overslept, did not want to go to work, or simply forgot.
In the latter case, it can be problematic to prove absenteeism: as a rule, employees still come up with good reasons and indicate them in explanatory notes in order to avoid dismissal.
In Italy, since the beginning of 2017, they have been actively fighting against absenteeism of civil servants. According to the idea, the perpetrators are punished with house arrest or dismissal. “If we see that the leader does not punish the guilty, our employees intervene. If the offender is not fired by his boss, sanctions are imposed on him,” said Marianna Madia, Minister of Public Administration.
What are the disciplinary sanctions?
Conclusion
In some cases, dismissal for absenteeism is considered unlawful if the employee did not show up for work for a good reason. This must be taken into account by employers when deciding on the application of a disciplinary sanction in order to avoid mistakes and not illegally dismiss an employee who has already found himself in a difficult situation.