An employee does not go to work for a year. What to do if an employee does not show up for work. Step-by-step procedure for dismissal for absenteeism

10.11.2020

The organization accepted an employee who, when hiring, did not provide a work book, promising to submit it later. The employment contract and the order for employment are drawn up in the prescribed manner. One copy employment contract issued to the employee. On the second working day this worker presented the information that he was ill and that he would no longer work. Doesn't answer phone calls. What is the right thing to do in this situation?

Answer

Answer to the question:

The list of documents that an employee must present when applying for a job includes employment history(Article 65 of the Labor Code of the Russian Federation). This rule applies to all employees, with the exception of persons working part-time, as well as employees who are hired for the first time. Therefore, if the Employee refuses to provide the specified document, the Employer has the right to refuse to conclude an employment contract with such an employee.

However, in the situation under consideration, in the event of a long absence of an employee at the workplace, you should send to his home address. In the notice, ask him to come to work and explain the reasons for his absence. Additionally, in this notice, indicate the need to present a work book (details on how to do this, see below) to make a record of hiring the specified employee. If the employee's work book is lost or has become unusable, then, on the basis of the Employee's application, the Employer must issue a duplicate of the employee's work book.

The letter must be registered with acknowledgment of receipt. It must be completed on the organization's letterhead. Please include a reasonable timeframe within which the employee must respond. After the mail notification returns, you need to wait for a response. If within the specified period the answer does not come, and the employee does not appear, draw up an act of absence of explanations signed by two or more witnesses.

In turn, for the period of absence of the employee, in his words - due to illness, the employer should indicate the code "НН" in the time sheet - failure to appear for unknown reasons, since the employee has not yet documented his illness. In this case, if the employee is absent from work without a good reason, the Employer has the right to dismiss this employee for absenteeism in accordance with paragraphs. "a", paragraph 6, part 1, art. 81 Labor Code RF.

In the event that an employee presents a certificate of incapacity for work ( sick leave) The employer is obliged to pay temporary disability benefits in case of illness or injury to the employee, as well as if it is necessary to care for a sick child or other family member (part 5 of article 13 of Law N 255-FZ, FSS information). When deciding whether to establish the fact of absenteeism due to the failure to submit a sick leave, it is necessary to consider all the circumstances and reasons for the absence of an employee at the workplace and, based on them, draw a conclusion about the possibility of dismissing an employee for absenteeism.

A situation is equated to absenteeism when an employee did not warn the employer in advance about the early termination of the contract and (, Labor Code of the Russian Federation).

Thus, in the event that an employee appears at work, it is necessary to demand an explanation from him on the fact of absence from the workplace, as well as resolve the issue of terminating the employment contract with this employee, depending on the circumstances. If the reason for the absence from the workplace is recognized as disrespectful, the Employer has the right to dismiss this employee for absenteeism, or terminate the employment contract based on the employee’s application for own will or by agreement of the parties.

Details in the materials of the System Personnel:

Situation: What is absenteeism

Absence of an employee for no good reason is recognized as absenteeism:

during the whole working day or shift, regardless of the duration;
more than four consecutive hours during a working day or shift. And a lunch break in these four hours .

Such an absence is gross violation job duties, labor discipline, terms of an employment contract, etc. Therefore, even for a single case of absenteeism, an employee can be fired.

The following situations are equated to absenteeism:

the employee did not warn the employer in advance of the early termination of the contract and (, Labor Code of the Russian Federation);
the employee arbitrarily used;
employee arbitrarily ().

It is not absenteeism to use rest days if the employer refused to provide them, although he was obliged. For example, .

Situation: What documents can confirm the fact of absenteeism

The fact of absenteeism must be documented. The legislation does not establish a fixed list of documents that must be issued without fail when absenteeism. In this regard, you can:

It is these documents that most often serve as an evidence base for absenteeism, and it is they that are accepted for consideration by the courts in the event of a dispute. See, for example, .

Attention: before making a final decision on dismissal for absenteeism, make sure that there is no.

The following categories of employees cannot be fired for absenteeism:

pregnant women (,). In case of dismissal, even if at the time of dismissal she kept silent about her pregnancy;
employees under the age of 18 in the absence of consent to dismissal from state inspection Labor and Commission on Juvenile Affairs ().

In addition, dismissal for absenteeism of any categories of employees during illness or vacation is not allowed (). The legality of such a position is also confirmed by the courts (see, for example,).

Situation: How to draw up an act on the absence of an employee at the workplace

Draw up an act on the absence of an employee at the workplace signed by two or more witnesses. It is recommended to draw up such acts for each day the employee is absent. However, if absenteeism is long, then draw up acts.

If the absent employee has a direct supervisor, he can, instead of an act, or additionally write a memorandum addressed to the head of the organization. In it, he must report that the subordinate did not show up for work, and list the measures that were taken to find him: home phone calls, an internal check, etc. In the act and the memorandum, you need exactly, that is, in hours and minutes , specify the time the employee was absent for .

Question from practice: How often do you need to draw up acts on the absence of an employee at the workplace with a prolonged absenteeism

This issue is not regulated by law.

However, it should be borne in mind that each fact of missing work must be. In addition to the immediate supervisor, for greater persuasiveness, it is recommended to draw up on the absence of an employee in the presence of at least two witnesses.

The best option is to draw up such acts daily during the entire period of absence. This is due to the fact that subsequently the employee can present documents confirming the good reasons for the absence. However, there may be unconfirmed days between the confirmed periods, and the employer will have timely executed acts on them.

However, with a long absence, from a week or more, it may not be rational to draw up acts every day. Therefore, in practice, the frequency of drawing up acts, as a rule, increases with the duration of absenteeism. If absenteeism lasts at least a week, then the act is drawn up daily for each day of absence. If absenteeism lasts more than a week, then starting from the second week, the act is drawn up weekly at the end of the week. If absenteeism lasts more than a month, then starting from the second month, the act is drawn up monthly based on the results of the past month. It is not recommended to draw up acts less frequently, since for the application disciplinary action, including in the form of dismissal for absenteeism, is provided (). It must be calculated not from the first day of absenteeism, but from the last, provided that this day is fixed. The legality of this approach is also confirmed by the courts, see, for example,.

If the employee, after a long absenteeism, still comes to work, then on the day of his release it is recommended to draw up a final act: on the employee’s return to work after a long absenteeism, indicating the total duration of the absence and attaching to it all previously executed acts. It is necessary to familiarize the employee with the act in a general manner and ask him for an explanation.

Situation: What to do if an employee is absent from work for a long time

In case of a long absence of an employee from the workplace, send it to his home address. In the notice, ask him to come to work and explain the reasons for his absence. The letter must be registered with acknowledgment of receipt. It must be completed on the organization's letterhead. In the letter, include a reasonable time frame within which the employee must respond, such as two weeks. After the mail notification returns, you need to wait for a response. If within the specified period the answer does not come, and the employee does not appear, draw up an act of absence of explanations signed by two or more witnesses.

It should be noted that if, for reasons beyond the control of the employer, the employee does not receive the specified notification letter and, accordingly, does not provide the employer with an explanation of the reasons for his absence, then this will not be an obstacle for him. Since the failure to appear at the post office to receive a notification letter and return it to the employer due to the expiration of the storage period can be regarded as an abuse of the right by the employee and his refusal due to a misconduct. At the same time, the failure to provide explanations by the offending employee is not an obstacle to applying to him, including in the form of dismissal (

Dear Alexander Ivanovich!

Work (in the personnel department) to give explanations and continue the performance of the labor function.

The HR department is located at: 125008, Moscow, st. Mikhalkovskaya, 20.

HR Department Hours of Operation: Monday to Friday 10.00 before 19.00 .

Head of the Human Resources Department E.E. Gromov

22.08.2012

Compose a notice in any form

With respect and wishes for comfortable work, Alena Tatarnikova,

Expert Systems Personnel

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The employee stopped going to work. No resignation letters were received from him, he does not respond to letters with a request to inform about himself or appear at work. What to do with such an employee? It seems obvious that for the resolution of this problem it is necessary to turn to the Labor Code of the Russian Federation. However, this document, oddly enough, does not consider such a situation at all. At first glance, the employee commits absenteeism, for which you can be fired under subpara. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation for absence from the workplace without good reason for more than four hours in a row during the working day. But the catch is that you can fire an employee only for absenteeism, committed without a good reason.
The reason for the absence from work can only be found out from the employee himself, when he comes to work and writes an explanatory note. Without a written explanation, the dismissal procedure will be violated, therefore, when such an employee applies to the court, the latter may demand to cancel the order on illegal dismissal and pay wages for the time of illegal dismissal.
What reasons for absence from work will be recognized as valid if the employee suddenly shows up?
If the absence from work does not exceed three days, then any reference to poor health makes the reason for absenteeism valid. In accordance with Art. 128 of the Labor Code of the Russian Federation, the employer is obliged, on the basis of a written application from the employee, to provide leave without saving wages in cases stipulated by federal laws. Article 20 of the Fundamentals of Legislation Russian Federation on the protection of the health of citizens dated 22.07.93 N 5487-1, it was established that working citizens in case of illness have the right to three days of unpaid leave during the year, which is granted at the personal request of a citizen without presenting a medical document certifying the fact of the disease. The legislator did not specify the deadline for submitting such an application, so even if it is written after the absence from work, and not before it, the law will be observed. Maybe a person feels so bad that he cannot write a statement.
If the absence from work lasted more than three days, then you can’t do without a supporting document. The most common document that is presented is a sick leave certificate (disability certificate). In the presence of a sick leave, absence from work is valid in some cases for up to a year in a row. In the Instruction on the procedure for issuing documents certifying the temporary disability of citizens, approved by the Order of the Ministry of Health and Medical Industry of the Russian Federation of October 19, 1994 N 206 and the Decree of the FSS of the Russian Federation of October 19, 1994 N 21, it is established that if it is not possible to restore the employee’s ability to work in full, then on time, not exceeding four months, the patient will be referred to a clinical expert commission to establish a disability group for him. If the clinical and labor prognosis is favorable, then by decision of the clinical expert commission, the sick leave can be extended until full recovery of working capacity, but for a period not exceeding 10 months, and in some cases (injuries, conditions after reconstructive operations, tuberculosis) - no more than 12 months, with a frequency of renewal by the commission at least every 30 days. If we take into account that the Labor Code of the Russian Federation now lacks the right of an employer to dismiss employees if they are absent from work due to illness for more than 4 months, then such a sick employee becomes practically unsackable. So what should an employer do with an absent employee and what to do in such situations? First, the absent workers themselves should know that they have no benefit from the fact that they are registered at work. The practice used earlier, when the work book held by the employer increased the length of service, has sunk into oblivion. On January 1, 2002, Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" established a new procedure for calculating pensions. In accordance with Art. 10 of the above-mentioned Law, periods of work and (or) other activities are included in the insurance period, provided that insurance premiums were paid to the Pension Fund of the Russian Federation for these periods. The Pension Fund no longer believes entries in work books. He only trusts the real money that comes to him. In the absence of earnings, no transfers to the Pension Fund of the Russian Federation, of course, are made, and the insurance period does not increase. In addition, it is clear that if the amount on the employee's personal account in the Pension Fund of the Russian Federation does not increase, then his insurance and funded parts of the pension do not increase, since their size depends solely on the amount of the estimated pension capital of the insured person, taken into account as of the day, from which the specified person is assigned the insurance and funded parts of the old-age labor pension. Secondly, the organization for the position of an employee who is absent for unknown reasons has the right to accept another person. Admission, however, will be made in accordance with Art. 59 of the Labor Code of the Russian Federation under a fixed-term employment contract with the wording: "to replace a temporarily absent employee who, in accordance with the law, retains his job." With this formulation, you can work for a long time. If the absent employee does not appear at all, then such an agreement will not terminate until the temporarily hired employee wants to quit himself or until the employer has a reason to dismiss him on his own initiative.
If the truant appears, then, having written an explanatory note, but without submitting supporting documents, he will be dismissed under subp. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation for absenteeism. In this case, the temporary worker will automatically become a permanent worker. Thirdly, employees of personnel services can file an application with the court to declare an employee missing. This, however, is a very long process and not always effective. In accordance with Art. 42 Civil Code A citizen of the Russian Federation may, at the request of interested persons, be declared missing by a court if during the year there is no information about his place of residence at his place of residence. In addition, Art. 277 of the Code of Civil Procedure of the Russian Federation requires that in an application for recognizing a citizen as missing or for declaring a citizen dead, it should be indicated for what purpose the applicant needs to recognize a citizen as missing or declare him dead, and the circumstances confirming the citizen’s unknown absence must also be stated, or circumstances threatening the missing person with death or giving grounds to assume his death from a certain accident. An organization that decides to go this route and manages to obtain a court decision declaring a person missing will have the opportunity, on a completely legal basis, to dismiss its missing employee under paragraph 6 of Art. 83 of the Labor Code of the Russian Federation in connection with the recognition by the court of the employee as missing. Those who are not satisfied with this path may not do anything. Not taking any action to dismiss an absent employee is the most painless option for the organization. The employer continues to keep his work book. You don't have to do anything with her. The procedure for issuing a work book is regulated by Art. 62 of the Labor Code of the Russian Federation. In accordance with this article, the employer is obliged to issue a work book to the employee upon termination of the employment contract on the day of dismissal (the last day of work). Since there was no dismissal, there is no need to issue it to anyone. In accordance with clause 342 of the List of standard management documents generated in the activities of organizations, indicating the storage periods approved by the Federal Archive on October 6, 2000, unclaimed work books are stored in the organization for at least 50 years.
Let the employee be absent, and we will wait for him. With such deadlines, there is nowhere to rush.

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?

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 workplace until 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 regard, one should first study job description and employment contract with the employee, as well as collective agreement, if available. 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 2019 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:

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.
. An explanatory note is drawn up only in writing. Oral explanations are not suitable. Deadline - 2 days.
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).
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.
A dismissal order is being prepared.
Familiarize the employee with the order.
Document the dismissal with an entry in the work book.

The nuances of actions during a long absence

The situation deserves special attention when long absenteeism. When dismissed for a long absence step-by-step instruction almost the same as with the usual, that is, discrepancies:

Fix the absence: compose , enter data into .
Compose about the need to appear and provide explanations.
Send a notice to an employee at a known postal address.
After receiving notification of delivery, wait 2 days + the period required for the delivery of correspondence.
In case of failure to provide explanations and confirmation of the fact of receipt of the notification, draw up an act.
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 litigation after. You can make calls to the relatives of the employee, get their testimony.
Write about the activities carried out, recording the information received. Optional.
Checkout.
Draw up an act on the impossibility of familiarizing the employee with the order.
Enter the information in the work book.
Perform payment settlement.
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 previous 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. It is further indicated in words in 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.

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

What to do if an employee does not show up for work? In the absence of an employee, it is necessary to determine the reason why he could not go to work. Often, employees notify their employer in advance of the fact of absence from the workplace, and then provide supporting documents to the accounting department - certificates, sick leave, etc. How to file an employee's absenteeism? What to do if the employee is not there, and why he did not come to work is unknown? How to arrange an employee's absenteeism? Contact the employee and find out the reason for his absence. If it is impossible to contact the employee, then it is necessary to document the fact of non-attendance. To do this, a memorandum is sent to the name CEO organizations. A memorandum for absenteeism is drawn up by the head of the department in which the employee who has not come to work works, in any form.

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

As for short-term absenteeism, here we can distinguish:

Absence from work without explanation of the reason, at their own request;
If you want to arrange a day off for yourself;
Unauthorized use of the day off, at the expense of future vacation;
Stay in a medical sobering-up station;
If you left work earlier in order to be in time for a part-time job.

While the employee is absent from work, the boss fixes the absence and does not pay work time. Dismiss such an employee or impose penalties - each employer decides independently. Even if the subordinate is left, he must understand that it will be extremely difficult to earn trust.

Conditions for recognition of absenteeism Each employer must know how to properly draw up documents if an employee does not show up for work.

Absence from work (truancy)

Labor Code of the Russian Federation)). In such cases, the employer must definitely record the fact that the employee is absent from the workplace. For this, an act is drawn up in any form, which is signed by several witnesses. You can draw up such an act both on the first day of the employee’s absence from work, and on any of the following days.
In addition, the fact of the absence of an employee should be recorded in the time sheet, for which the mark “absence for unknown reasons” (NN) is put in it, which then, when it becomes known for sure that there were no valid reasons for the absence, changes to the mark “truancy » (PR).From the moment of fixation in personnel documents absence of an employee at the workplace, there is every reason not to accrue wages to the absent employee.

What to do if on the day of dismissal the employee did not come for documents

Attention

In a situation where the employer has every reason to believe that the reasons for the absence of an employee from work are not valid, he has the right to dismiss him on the basis of paragraphs. "a" paragraph 6 of the first part of Art. 81 of the Labor Code of the Russian Federation for absenteeism. If there is no reliable information about this, then, if necessary, another person can be accepted for the position of an absent employee under a fixed-term employment contract with the wording: “for the period of temporary absence of the employee, for whom, in accordance with the law, the place of work is retained” ( part one, article 59 of the Labor Code of the Russian Federation). You can also entrust his work to another employee without releasing the latter from the work determined by the employment contract (Article 60.2 of the Labor Code of the Russian Federation). An option is also possible temporary transfer any of the employees to the position of a temporarily absent employee (Art.

72.2 of the Labor Code of the Russian Federation).

How to arrange absenteeism of an employee + sample orders

The first to sign and study the order is the head, after which he is brought to the violator of the employment contract. According to the law, 3 days are allotted for the preparation of the order and familiarization. If the employee does not agree with the decision and refuses to sign, an act is drawn up.

They prepare an act in the presence of witnesses, which records that the worker refused to sign the document. How to arrange absenteeism with dismissal As already mentioned, the boss himself decides what punishment to apply. In practice, if an employee comes and does not want to explain anything, he is simply fired for absenteeism.

To properly arrange everything, you should:

Prove that the employee was indeed not at work at the specified time.

How to fire an employee for absenteeism?

Let's take a look at the procedure:

Drawing up an act.

It is mandatory to draw up an act in which all the personal data of the employee who violated the terms of the contract are registered. In addition, the information of the employer and two witnesses is indicated. All persons who will appear in the act must sign it - this is important.

After that, it is described in detail when and how long the subordinate was absent of his own free will from the workplace. Well, you need to complete the act by making a decision - what the employee receives for his negligence.

Reporting note.

This is the second mandatory document, which also indicates the reason for the violation and the timing of unauthorized absenteeism. An act is attached to the note and transferred to the head of the company.

Order.

Only when an authorized employee receives all the documents, he prepares an order.

How to arrange absenteeism for an employee in the shopping mall of the Russian Federation?

It should be noted that there are exceptions. If a subordinate called the boss the day before and announced on the phone why he would not be able to go to work, this is not considered absenteeism without a good reason. But, not everything is so simple. If a dispute arises, it is necessary to confirm that the supervisor was notified. In this case, only witnesses or a recording of a telephone conversation will help.
It is also worth considering that the responsibilities of employees are different, and if the absence of one may not even be replaced by many, then the absence of another may affect the profits of the entire enterprise. Example: if you are an ordinary secretary, but nothing terrible will happen in the company during your absence. But if you Chief Engineer, which is responsible for starting the equipment and starting the derivative for the whole day - then the losses can be enormous.

Dismissing an absent employee

Info

However, in some cases, the period is interrupted due to circumstances beyond the control of the parties. It can be: illness or vacation of an employee, during which it is impossible to dismiss. But maximum term extension established by law - 6 months (art.

193 of the Labor Code of the Russian Federation). 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 previous day of absenteeism, provided that a good reason has not been confirmed.

An employee is missing - what to do?

It is accompanied by a certificate from the Department of Internal Affairs stating that the search activities were unsuccessful, as well as all relevant internal documents of your company confirming the absence of an employee at the workplace.

Only after that, on the basis of paragraph 6 of Article 83 of the Labor Code of the Russian Federation, it is possible to formalize the dismissal of an employee who has gone missing. The order to terminate the employment relationship is drawn up in the T-8 form, an entry corresponding to the circumstances is made in the work book. The book is given to relatives.

Fixing the disappearance of an employee in the company If your employee does not appear at the workplace during working hours without any warning, you definitely need to fix this fact.

Form in Word format These two documents - a memorandum and a signed act are transferred to the personnel department so that the accountant makes the appropriate notes in the timesheet. This design of employee absenteeism will be the most correct. Actions after the employee went to work First, you need to find out the reason for the absence from the workplace.

If the employee has documents confirming a good reason, then they, together with the act and the note, are filed with the personal file. Days of absence are paid only according to the documents that are the basis for making these payments. For example, a summons or sick leave. In the absence of documentary evidence, the employee should write an explanatory note addressed to the General Director with a similar explanation of the reasons that prevented him from going to work.
A good reason or not, only the head of the company decides.

The employer, when hiring a new employee, is sure that he will begin to perform his duties from the moment specified in the contract. However, if the exact date is not specified in the contract, then work should begin on the next day after signing. Thus, the employee can begin to perform his labor duties only after the entry into force of the contract.

However, there are situations when an employee went to work, but the papers were not signed. In this case, the employment contract is considered concluded from the moment when the employee actually began to perform duties with the consent or on behalf of the employer.

It would seem that everything is simple and logical: the employer found an employee, concluded an agreement with him, and the new employee comes to work at the appointed time. However, it doesn't always work out as planned. What to do if you are waiting for an employee, but he does not come, does not call, and generally has sunk into the water? The reasons for not showing up for a new job can be very diverse: illness, absence from the city, another job, etc. You can wait for the employee to leave or cancel the employment contract with him. The possibility of canceling an employment contract does not depend on whether there was a good reason for absenteeism, and the employee warned about it or not. The employer makes the decision at his own discretion.

Labor legislation does not contain a time frame within which a decision must be made. For example, an employer may cancel a contract several months after a new employee has not appeared. However, if you are sure that the employee will definitely not come out or he is on long-term treatment, then you should not delay making a decision.

When canceling an employment contract, an employee is not deprived of the right to receive mandatory social security if an insured event occurs between the date and its cancellation.

note

If the employee is actually admitted to the performance of his labor duties, then the employer is obliged to conclude a written employment contract with him no later than three working days from the start of work.

Benefits must be paid in the manner established by Federal Law No. 255-FZ of December 29, 2006 and Decree of the Government of the Russian Federation of June 15, 2007 No. 375. Payment occurs for those sick days that fell on the period from the date of conclusion to the moment cancellation of the contract.

Please note that the contract that the employer canceled is considered not concluded, not terminated.

Registration procedure

Cancellation of the employment contract should be documented. If the employee did not leave on his first working day, this does not mean that he will not appear in the future. In accordance with Article 67 of the Labor Code, the employer and employee then have their own copy. If the employer threw out all the documents that are associated with the employee, and he showed up with his copy, then it will not work to refer to the cancellation of the contract. In this situation, the employer will be able to dismiss the employee only on a general basis.

When canceling an employment contract, it is necessary to record the fact of absenteeism of the employee. This will prove you right if there are any disputes later on. To fix absenteeism, you need to draw up a memorandum (the absence of such a note does not affect the legality of the cancellation procedure) and an act of absenteeism of the employee on the first day of work. The act can be written as follows:

“Today, 12/17/2012, at 5:55 p.m. me, general I.I. in the presence of P.P. Petrov and Secretary S.S. Sidorova drew up this act stating that the driver V.V. Petrushkin did not start work on the day the work began, 12/14/2012, the condition for which was included in the employment contract dated 12/13/2012 No. 123.

The reason for the absence of P.P. Petrushkin is unknown.

There is no need to rush to cancel the contract on the first day of the absence of a new employee. Better to wait until the next day. After all, an employee can show up at work not only in the morning, but also in the afternoon and in general throughout the working day. In this case, the employer will not have the right to cancel the contract. He can only apply disciplinary action.

On the basis of a memorandum and an act, an order is issued to annul the employment contract. There is no generally established form of the order; therefore, it is compiled and issued in an arbitrary form. For example, you can write the following entry:

“Due to absence from work on the first working day, determined by the employment contract dated 13.12.2012 No. 123 of the driver P.P. Petrushkin and on the basis of Art. 61 of the Labor Code of the Russian Federation

I ORDER:

1. Cancel the employment contract dated 13.12.2012 No. 123;

2. Cancel the order for employment dated 12/13/2012 No. 73.

Reason: act on the employee’s absence from work on the first day of work dated December 17, 2012 No. 1.

When hiring, often along with an employment contract, they also draw up an order for admission, a personal card and fill it in. This is done in order to avoid unnecessary red tape, but when canceling the contract, these actions can add extra work.

In accordance with labor law the employer is obliged to keep a work book for each employee who works in the organization for more than five days. Rostrud, in a letter dated March 10, 2012 No. 395-6-1, indicated that if an employee has not started work, then a job entry is not made in his work book. Also, Rostrud, in a letter dated December 19, 2007 No. 5203-6-0, reported that in the absence of a job entry in the work book, there is no need to make an entry on the cancellation of the employment contract. If the entry has been made, then it should be invalidated. An incorrect entry in the book is corrected at the place of work where it was made, or by the employer on new job based on an official document from the organization that made the mistake. If there is a register of employment contracts, an entry on the cancellation of the contract should also be made in it. If an employment order was issued, then the order to cancel the employment contract should state that it is canceled.

After completing all the necessary documents, an entry is made in the employment contract about its cancellation.

Then you should notify the employee about the cancellation of the employment contract. To do this, the employer must draw up a letter of notification and attach to it copies of the order to cancel the employment contract and a document that records the fact that the employee was absent from work on the first working day. These documents must be sent by letter with acknowledgment of receipt.

If the work book is with the employer, then it is also necessary to send a notice of the need to appear for it. When sending such a notice, the employer is released from liability for the delay in issuing the book.

I.D. Shilov, lawyer