The legislation provides for the right of the employer to terminate the contract with the employee, and the administration of the business entity will act as the organizer of the termination. This can be done when an employee repeatedly fails to perform his job functions or when he is fired for absenteeism. In any case, the procedure for such termination requires complete documentation of the entire process. Let's look at how to arrange it correctly in 2019.

This definition is enshrined in the Labor Code of the Russian Federation. Absenteeism is the absence of a company employee from the workplace during the day, namely more than four hours without valid circumstances.

It can be called:

• A person’s absence from work;
• Leaving an employee’s workplace for a period of time exceeding four hours;
• Being late for work by more than four hours;
• Termination of work upon refusal to work a two-week period before dismissal;
• Termination of work by an employee before the expiration of the fixed-term contract;
• The employee took advantage of his time off, but did not notify his employer about this.

It is very important to establish and enshrine in local regulations the operating mode of the enterprise, for example, in. The employee must know when his working day begins, what time it ends, and the time of breaks. Confirmation of this knowledge is the employee’s familiarization with the work schedule against signature.

Micro enterprises are allowed to include this information in. Only then can we say that he, knowing that he had a working day, was absent from his place of work.

When an employee was not present at his place for less than four hours or an equal amount of time, it is impossible to immediately dismiss him for absenteeism under Article 81 of the Labor Code of the Russian Federation. In this case we're talking about only about his failure to fulfill established labor duties. The contract with him can be terminated only if this violation is repeated several times and is recognized as repeated.

Important! The main condition for recognizing an employee’s absence as absenteeism is documenting this fact. Without documents drawn up in accordance with established rules, it is impossible to issue an order of dismissal for absenteeism. And the dismissal could be considered illegal.

In some cases, if the employee’s guilt is proven and he admits it, the parties can come to an agreement and can formalize the employee’s departure from the company in his or her form. In order not to make a negative entry in the work book and not to carry out a complex procedure for terminating the contract.

Forced absence for valid reasons

If it was discovered that an employee was absent from his place of work, an attempt should be made to contact him and determine the possible reasons for what happened. It is possible that the employee has circumstances that, according to the law, exclude his guilt, and absence from work is a forced absence.

In this case, it is considered that the working person wanted to fulfill his duties, but he did not have such an opportunity. Such absence may be the result of unforeseen factors or management decisions. In any case, valid reasons for absenteeism must be documented.

Absenteeism is considered respectful, the following happened:

• Sick leave has been opened.
• The employee performed civic duties.
• Road traffic accidents.
• Funeral of close relatives.
• Natural disasters and catastrophes.

Due to the fault of the employer, the following cases of forced absenteeism are distinguished:

• Unreasonable refusal to hire an employee - when the fact is established in court. It is the entire time from the moment when this employee should have been hired until the moment the decision comes into force.
• Dismissal of an employee in violation of labor law, including illegal termination of a contract, violation of the rules for entering information into the labor report, delay in issuing it, etc.
• The man started work, and the employment contract with him was drawn up much later.
• Delay in reinstatement of an employee who was illegally dismissed and reinstated by court order.

Workplace concept

There are two concepts that are very close in meaning, but at the same time there is a difference between them. It is a place of work and a workplace.

Place of work is a broader concept compared to the second definition. It implies the address of the location of the enterprise as a whole, where all activities are actually carried out and includes all jobs available at the enterprise.

A workplace is a place where a specific employee performs the functions specified in his employment contract and job descriptions.

The workplace may be designated in the drawn up employment agreement. If there is no information about it, then the place of work of the entire enterprise is indicated.

This distinction is especially important when registering an employee’s absenteeism, since he may be absent from his place of work, but be on the territory of the enterprise. If an employee does not have his workplace specified in his employment contract, then he cannot be fired for absenteeism. After all, he was actually present at his place of work.

What if the employee is absent during lunch time?

The law provides for the obligation to provide employees with lunch breaks. This period can range from thirty minutes to two hours. Its beginning and end, as well as its duration, are reflected in the internal regulations. Lunch break time is not included in working time.

A situation may arise that an employee was absent from work for more than four hours, but this period falls during lunch.

In this case, it is recommended to subtract from it the period attributable to lunch to determine the employee’s actual absenteeism time. This will avoid many controversial situations in the future. Because if, after subtraction, it turns out that the employee was not at work for less than or equal to four hours, then dismissal for absenteeism will be considered illegal.

However, there is an opposite opinion, based on information from the Labor Code of the Russian Federation, according to which working time is the period during which an employee performs his duties; it is not divided before and after lunch, so break time is included in it. Based on this, there is no need to subtract the lunch break time from the time he is actually absent from work.

Dismissal for absenteeism: step-by-step procedure-diagram with sample documents in 2019

Let's look at the step-by-step procedure for dismissing an employee for absenteeism.

Step 1. Determine employee absence

At the initial stage, you need to try with the employee and find out why he is absent from work. If it cannot explain this with valid reasons, then it is drawn up in the name of the director.

This must be done in any form, and the note indicates:

• FULL NAME. and the employee's position.
• Date and time of his absence from work.
• Actions that were performed to establish the location of the employee.

If an employee who is not in his place reported directly to the director, then he can order the departments to note the employee’s absence in the documents.

Attention! The director can also, on his own initiative, try to contact relatives, contact the police, hospitals, etc. These actions do not have to be taken, but during the trial they will confirm the bona fides of the employer.

Step 2. Record the employee’s absence from work

In order to register the absence of an employee at his place, it is usually used. It includes information about the date and time of the act, the person who executed the document.

There is no separate form for the act; it is drawn up in any form. This can be done either by the personnel officer or by the employee’s immediate supervisor.

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Important! When drawing up the act, it is necessary that at least 2 people be present. They act as witnesses and sign the document at the end. When a trial is initiated, their testimony may be additional evidence in favor of the correctness of the company’s administration.

Step 3. Enter absenteeism on the time sheet

To record the appearance of an employee at his place or his absence, special forms T-12 and T-13 are used.

When it is discovered that the employee is not in his place, but the reason for the absence is unknown, the letter code “NN” or the number 30 must be entered in the timesheet.

These marks must be put in pencil, since after determining the actual reason for the absence, they will need to be changed to others.

If absenteeism during the entire working day is recorded, then instead of the code “NN” the code “PR” or digital 24 is entered.

Attention! If the absence lasted less than 4 hours, then you will need to enter the code “I” or digital 01 in the columns, and in the column below enter the number of hours actually worked.

Step 4. Request the employee to provide an explanation

The administration needs to ask the employee for an explanation for his absenteeism in writing. A request for such clarification must also be submitted in writing against signature, or sent by registered mail with the described attachment and notification of its delivery to the addressee.

The request must describe the event, what was discovered, indicate its exact time and date, and also indicate the period during which the culprit must provide his explanations.

Attention! According to the Labor Code, the employee must be given a period of two days to provide explanations. If, after this period, the employee provides evidence that his absenteeism occurred due to forced or reasons beyond the control of the person himself, then dismissal for this reason will be impossible.

If after the specified period of time no explanations have been received from the employee, a report about this is drawn up. At the same time, he himself needs to clearly understand that refusal to provide an explanation will not be a reason for canceling the dismissal procedure, but rather will confirm his guilt.

Step 5. Drawing up a dismissal order

Rostrud believes that if an employee is dismissed due to absenteeism, then there is no need to separately issue an order to bring him to disciplinary liability, and separately to issue the dismissal itself. You can only draw up a dismissal order. However, the first option - with the execution of two orders at once - will not be considered erroneous.

Important! According to the law, the order must be issued within one month from the fact of receiving information about the offense. This period does not include days when the employee is ill, on vacation, or receiving the opinion of the trade union body.

The completed order must be entered into the order register for the enterprise.

Step 6. Introduce the employee to the dismissal order

After filling out the document and its approval by the head of the company, the document must be shown to the dismissed employee. He must read it and put his signature in a special column as confirmation of familiarization.

If the employee refuses to sign the order, then a mark to this effect is placed in the box. Next, a commission of at least two employees from other departments is formed, with them the contents of the order are read out loud, and then an act of refusal to sign the document is drawn up.

If the employee wants, he can ask in writing to give him a copy of this order.

Step 7. Enter information into your personal card

Attention! In the case when the dismissed person does not want to get acquainted with the document and sign (for example, he does not agree with the dismissal), then a separate act is drawn up, which is stored along with the card.

Step 8. Make an entry in the work book

The procedure according to which information is entered into work books is determined by law.

If dismissal is made under an article for absenteeism, then the line in the labor report must look exactly in accordance with the wording of the Labor Code: “The employment contract is terminated due to a one-time gross violation of labor duties by the employee - absenteeism, subparagraph “a” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation.” .

Although in other cases the reason for dismissal is not indicated in the labor report, in this situation “absenteeism” is the content of the specified paragraph of the Labor Code. The grounds column contains information about the dismissal order.

Let's consider dismissal for absenteeism, sample entry in the work book:

1	2			3	4
				Limited Liability Company "Granitsa" (LLC "Granitsa")
7	20	02	2017	Accepted into the economic department as a standard setter	Order No. 16-L dated February 20, 2017
8	11	01	2019	The employment contract was terminated due to a one-time gross violation of labor duties by the employee - absenteeism, subparagraph “a” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation	Order No. 51-L dated January 11, 2019
				HR specialist Aganova M.I.
				Reviewed by: Filipchuk G.I.

Attention! If the employee who is responsible for making an entry in the work record makes an incorrect entry, or in false wording, he bears financial responsibility for his action. He will have to pay for those days that the citizen, due to a mistake, could not get a job, based on average earnings.

Step 9. Drawing up a note-calculation

In order to determine the amount of payment upon dismissal, a calculation note is filled out at the enterprise. A special T-61 uniform was created for it.

Filled on both sides. The front page contains general information about the dismissed employee, information about unused vacation days, and is filled out by the personnel officer.

On the reverse side, compensation is calculated and the total amount to be issued is determined. It is filled out by the accountant;

Severance pay, if it is established by internal documents, labor or. However, if they stipulate that upon dismissal for misconduct no severance pay will be paid, the employee does not have the right to demand it, and the company may not pay it.

In practice, a case may arise when an employee is absent on his final day, and it is impossible to issue funds to him. In such a situation, the administration must give him the full payment the next day after the dismissed person expresses his desire to receive them.

If the payment is transferred to a salary card or bank account, the payment date can be moved to the next banking day.

Attention! When a dispute arises between the dismissed person and the company about the amount of the amount that needs to be paid out, then on the specified day the former employee receives only the part that is not disputed. Negotiations are underway for the remaining funds, or the issue is resolved through the courts.

Step 11. Hand over the necessary documents

After an employee is dismissed for absenteeism, he must be given the following documents:

• Work book. On the final day of work, the personnel officer makes a note of dismissal in it and gives it to the employee for review. In addition, a record of receipt of the document is made in the labor accounting book, and the employee confirms this with a signature. If on the last day the employee did not come to pick up the book (for example, he does not agree with the dismissal), or was unable to do it (he got sick), then you need to send a written request, asking to come for the document, or allow it to be sent by mail. After sending such a request, the company and the official are relieved of responsibility for failure to issue the work permit.
• , which was received by the employee for the previous 2 years and for the current one. For this document, a special form 182N is used.
• A certificate of the amount of insurance premiums that were calculated for the employee and transferred to the Pension Fund.
• Copies of internal documents affecting the employee. Upon his written request, the organization must issue copies of documents or extracts from them that relate to the work of the dismissed person - orders for admission, transfer, dismissal, etc. The forms are issued within three days from receipt of the request.
• – liability for failure to issue it can amount to up to 50 thousand rubles.

The employee may also request to provide. This document is also issued within three days from the application. For reference, there is a recommended form from Rostrud, regional authorities can offer their own forms of certificates, and it is also possible for a company to draw up a certificate in any form.

Step 12. If necessary, notify the military registration and enlistment office of dismissal

If an employee dismissed for misconduct is classified as liable for military service, then the company must report this to the military registration and enlistment office within two weeks. The notification form has been developed and adopted by the Methodological Guidelines for Conducting Military Registration in Companies.

In what cases can dismissal for absenteeism be considered illegal?

When an employer dismisses an employee for absenteeism, the latter may try to challenge this step. But in order to win this case, it is necessary for the responsible persons to draw up documents confirming the act with errors, or not to draw them up at all.

The reasons on which you can challenge dismissal for misconduct include:

• Mandatory procedures were not followed when recording absenteeism;
• The information specified in the act does not coincide with reality. For example, the document may contain incorrect times or dates when, in the opinion of the administration, the employee was not in his place, but he can provide evidence to the contrary.
• Incorrect preparation of documents when the employee does not agree to his transfer to another place;
• The documents do not contain written explanations from the dismissed employee about the reason for his absence from work. The court will not accept as confirmation the fact that such a request was sent to the employee by regular mail, but he did not respond to it.
• More than six months have passed since the crime was committed.

Important! If the employee can prove one of these facts, the court will reclassify his action as forced absenteeism and force the company administration to reinstate him in his previous place. If a new person is already working in this position, he will need to be transferred to another place of work.

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

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

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

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

Read about how you can have your punishment lifted. .

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

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

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

Procedure for dismissal for absenteeism

Absenteeism can be divided into 2 groups:

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

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

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

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

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

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

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

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

Where to find samples of personnel documents on absenteeism

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

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

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

In our work practice, more than once we either had a question or even “had our hands itching” in a situation where an employee did not go to work (was absent) and such an action was performed more than once, maybe even periodically. In this case, this will be a disciplinary sanction and he can be held accountable, but how to do this and how difficult is it? Let's consider the solution to this issue and step-by-step actions.

To begin with, we can say that dismissing for absenteeism is more difficult than talking about it and for this it is necessary to carry out a number of actions and steps, to record the grounds, because in the event of your unlawful actions, the employee can contact the labor inspectorate and challenge your actions in court.

Perhaps, if you have such a conflict, you will still reduce it to dismissal of your own free will, sometimes it’s easier, but if you want to persuade the employee, then let’s begin to explain.

First of all, it should be noted that dismissing an employee for absenteeism and such an entry in the work record is always the bread for a conflict situation, so you need to secure an evidence base, the larger it is, the better - acts of absence of the employee, letters to the employee home (be sure to send with a list of attachments) , drawing up acts of refusal to sign documents, collect everything you can and attach it to the file.

Step-by-step instructions - dismissal for absenteeism

Step 1. Drawing up an employee absence report

In order for there to be a basis for dismissal for absenteeism, it is necessary to record this fact so as not to be unfounded - you need an evidence base in the event that an employee goes to the labor office or court. If an employee is absent during the entire working period (shift) or if he is absent from work for more than four hours, a report is drawn up. Moreover, regardless of the duration of this working day or shift (Article 81 of the Labor Code of the Russian Federation, subparagraph “a”, paragraph 6, part 1).

For each fact, it is necessary to draw up a separate act of absence, which displays the date and time of the employee’s absence. The document must be signed by the commission: the immediate superior, an employee of the personnel department, and you must also have at least 2, preferably 3, independent witnesses. The day of signing this document is the day the fact of absenteeism was discovered (according to the resolution of the Plenum of the Supreme Court, paragraph 6 of paragraph 34 of March 17, 2004).

Attention! It is necessary to have witnesses when signing all documents recording the facts of the employee’s absence, otherwise the court may regard this act as unreliable.

In order to calculate the period of absence from work, the date of signing the certificate of absence from work is taken into account. If an employee is absent for several days (called long-term absenteeism), then the day of detection will be considered the day of clarification of the reasons why he was not at the workplace.

In order for the basis to be confirmed, the employee must provide an explanation of the reason why he was absent from the workplace.

Step 2. Finding out the reasons for absence from work

After the employee finally shows up at work, it is necessary to demand from him an explanation of the reason for his absence from work, because it happens that the situation is truly extraordinary and he had good reasons for this.

But oral stories are not enough; it is necessary to demand an explanation in writing and also make a requirement that it is necessary to give an explanation, drawn up on paper, on which the employee must sign.

If an employee refuses to sign and provide an explanatory note, a document about this is also drawn up - according to the Labor Code of the Russian Federation, Part 1 of Art. 193.

From the moment the employee is given the request (drawing up a refusal act) to write an explanatory note, he has 2 days to do this; if he has not provided you with an explanatory note, this should also be reflected in the document (Part 1 of Article 193).

In the event that an employee refuses to write an explanatory note and you have confirmation of this fact, and also if the reasons for his absence are not valid and he has not convinced you, it is necessary to issue an order (), meaning the termination of work with him, stating the reason termination for absenteeism.

The employer also has the right to additionally impose a disciplinary sanction (reprimand, reprimand or dismissal) on a negligent employee through. In case of dismissal, the fact of imposing a disciplinary sanction must be reflected in the dismissal order (in accordance with).

Important! The reasons for the employee’s absence should be assessed, because if he, for example, sought emergency medical care in case of illness of a minor child, this fact is recognized as a valid reason.

Step 3. Order of dismissal

After making a decision to dismiss an employee, it is necessary to draw up an order in the T-8 form, and there are time limits (Article 193 of the Labor Code of the Russian Federation):

• This measure can be applied no later than a month from the moment you discovered this fact (drawing up an act), while you do not take into account the time of illness, vacation, and the time that is necessary to take into account the opinions of the representative body of employees is not taken into account.
• You cannot apply if more than 6 months have passed since the action was taken or if audits, activity checks, audits have been carried out - no more than 2 years. Here it should be understood that a truancy report was not drawn up, i.e. revealed this atrocity for the first time according to these actions. This time does not include the time of the criminal proceedings.

Attention! On the day when the dismissal order was issued, it is necessary to familiarize the employee with it and obtain a signature on familiarization on the document. If the employee refuses to read and sign the order (Part 2 of Article 84.1 of the Labor Code of the Russian Federation), it is drawn up for familiarization (Part 6 of Article 193 of the Labor Code of the Russian Federation), also as part of a commission and 2-3 witnesses.

Step 4. Issuance of documents and full payment to the employee

Do not forget that in any case it is necessary to pay the employee and pay him the amounts due upon dismissal in accordance with current legislation - and for the days worked of the month. Payment is made on the last working day.

When dismissing an employee, it must be calculated on the last working day.

Afterwards, you need to give the employee his work record book and get a signature in the work record book if the employee is at the workplace.

If an employee refuses to receive a work book (or is absent from the workplace), an act of refusal is drawn up in the composition of the commission and the presence of at least 2 witnesses. You should send a letter with a list of attachments stating that it is necessary to appear for the labor document or agree to send it by mail (parts 4-6, article 84.1 of the Labor Code of the Russian Federation).

In the case of a work record being received by a proxy, it should be noted that a power of attorney, even if notarized, is not a legal requirement of the employee unless it has been stated that the proxy has the right to receive a work record book. It is necessary to make a power of attorney and attach it to the case, you also need to take a handwritten receipt from the authorized person about the fact of receiving the work permit and obtain a signature in the labor registration journal and in the employee’s personal card with a link to the power of attorney. Attach all documents to the employee’s personal file!

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Dismissal for absenteeism (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation): an approximate step-by-step procedure

TERMINATION FOR ABSENTANCE:

SAMPLE STEP-BY-STEP PROCEDURE

According to paragraphs. "a" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, absenteeism is absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts). An employment contract can be terminated by the employer in cases of a single gross violation of labor duties by the employee - absenteeism.

Dismissal for absenteeism is a disciplinary sanction, therefore, when registering this dismissal, you should take into account both the general requirements of the law regarding dismissals and the requirements regarding disciplinary sanctions.

1. Recording the fact of the employee’s absence from work.

The main document for recording working time (appearances/no-appearances) is the working time sheet.

Also, to further confirm the fact of the employee’s absence from work, in practice, an act on the employee’s absence from work is drawn up, and reports are submitted by employees who discover the absence of a colleague.

These documents are registered in the manner established by the employer, for example, in the relevant registration/accounting journals.

2. It is checked whether the employee belongs to the category of workers who are prohibited from being dismissed at the initiative of the employer.

So, following step-by-step procedure for dismissal for absenteeism, note - according to Art. 261 The Labor Code of the Russian Federation does not allow termination of an employment contract at the initiative of an employer with pregnant women, except in cases of liquidation of an organization or termination of activities by an individual entrepreneur.

3. The time limits established for the application of disciplinary sanctions are checked.

If the employee refuses to familiarize himself with the order to terminate the employment contract, in this case it is necessary to draw up an act (Part 6 of Article 193 of the Labor Code of the Russian Federation). The act is registered in the manner prescribed by the employer in the appropriate registration journal.

9. Formatting a note-calculation upon termination (termination) of an employment contract with an employee (dismissal).

10. Payment to the employee.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article (Article 140 of the Labor Code of the Russian Federation).

According to Art. 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations.

11. Making a record of termination of the employment contract in the work book and personal card. The employee certifies these records with his signature in the prescribed manner.

According to clause 12 of the “Rules for maintaining and storing work books, producing work book forms and providing them to employers”, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”, with each entry made in the work book about the work performed, transfer for another permanent job and dismissal, the employer is obliged to familiarize its owner with a signature on his personal card, which repeats the entry made in the work book. The form of the personal card is approved by the Federal State Statistics Service.

12. Making a copy of the work book dismissed employee for the employer's archive.

13. Issuance of a work book to the employee on his last working day.

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. Notifications are registered in the manner established by the employer, for example, in the register of notifications and proposals to employees. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

14. Confirmation of the fact that the employee has been issued his work book. The employee confirms with his signature the fact of receipt of his work book in the book of registration of the movement of work books and inserts in them. The form of this book is approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 “On approval of the Instructions for filling out work books.”

15. Issuance of a certificate/certificates regarding the amount of earnings(clause 3, part 2, article 4.1 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”).

If an employee refuses to receive a notification, read it, and put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the originator and the employees present at the refusal, and send the notification to the employee’s home address by letter with a notification and a list of attachments. The act is registered in the manner prescribed by the employer in the appropriate registration journal.

See the step-by-step procedure for bringing an employee to disciplinary liability (announcing a reprimand or reprimand).

If an employee refuses to receive a work book, it is advisable to draw up a report on the employee’s refusal to receive a work book. The act is signed by the originator and the employees present at the refusal. The law does not require the drawing up of such an act, but it can be useful as evidence of the employer’s innocence if a dispute arises over the dismissal and the case ends up in court. The act is registered in the manner prescribed by the employer in the appropriate registration journal.

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One of the most common grounds for dismissal is dismissal for absenteeism. To ensure that the court does not subsequently recognize such a dismissal as illegal, it is necessary to pay careful attention to the preparation of documents and compliance with the dismissal procedure.

Truancy concept

The first thing that will help minimize the legal risks of declaring dismissal for absenteeism illegal is the correct definition of the concept of “truancy.”
It is important to consider that absenteeism is not only absence from work. In the current labor legislation, five types of absenteeism can be distinguished:

• the employee did not come to work and was absent throughout his entire working day (regardless of its specific duration), and he cannot explain his absence with valid reasons. There is no list of valid reasons, and the company has the right to decide for itself whether certain reasons for absence from work are valid. However, the company is obliged to ask the employee for the reasons for his absence and evaluate these reasons. Otherwise, dismissal for absenteeism may be declared unlawful by the court;
• the employee was absent from his workplace for more than four consecutive hours during his working day;
• an employee on an open-ended employment contract submitted a resignation letter of his own free will and did not go to work, ignoring the two-week work period;
• an employee on a fixed-term employment contract does not return to work before the expiration of the contract or the notice period for early termination of the contract;
• the employee unauthorizedly used days off or went on vacation without permission, unless there are violations on the part of the organization. For example, if an employee was legally entitled to rest days, and the organization did not have the right to influence at what time the employee could use them (for example, in the case of donating blood). In this case, dismissal for absenteeism will be unlawful.

Thus, the first step of the procedure for dismissal for absenteeism is the qualification of the employee’s actions: if they fall under one of the five cases listed above, you can launch the procedure for bringing disciplinary action and dismiss the employee for absenteeism.

Dismissal for absenteeism: step-by-step instructions 2017

If the employee’s actions can be qualified as absenteeism, then further steps must be taken according to the following scheme:

• registration of an absence certificate.

The act is drawn up in free form; a unified form is not provided. The act must contain information about the position and full name of the employee, the time of his actual absence from the workplace, as well as the full name and signatures of the employees who recorded absenteeism, and the time the event was recorded. In practice, the act is signed by three employees.
At the same time, you must remember to correctly fill out the work time sheet, using the letter designation “NN” (failure to appear due to unclear circumstances);

• finding out the reasons.

The next step in the procedure for dismissing an employee for absenteeism is to clarify the circumstances of the absenteeism. It must be remembered that dismissal in this situation is only the right of the company, but not an obligation. In practice, this means that, depending on the severity of the offense and the degree to which the reasons are valid, the company may decide to apply a lighter disciplinary sanction - a reprimand or reprimand that does not automatically lead to the dismissal of the employee. In the event of a labor dispute, the court will evaluate, among other things, the proportionality of the punishment to the offense.
Explanations must be received in writing (Article 193 of the Labor Code of the Russian Federation) in free form.
Despite the fact that the procedure for requesting explanations is not regulated in the current legislation, it is recommended to draw up a notice of the need to explain the reasons for absenteeism and hand it to the employee under his personal signature. The employee will have two working days to provide explanations.
If an employee refuses to sign the notice, then it is necessary to draw up a report using a procedure similar to drawing up a report on absenteeism.
If the employee has not explained the reasons for absence from work after two working days, then this fact must also be recorded in a document.
To dismiss an employee for absenteeism, either a notice of the need to give explanations and written explanations received from the employee, or both a notice and an act of failure to provide explanations, will be sufficient;

• application of disciplinary action.

If the company does not consider the employee’s reasons for absence from work to be valid, then the last step of the step-by-step procedure for dismissal for absenteeism is the application of disciplinary action in the form of dismissal.
In this case, dismissal occurs by