What are the valid reasons for absence from work in Russian labor legislation? Sample order "Reprimand for absenteeism"

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One of the grounds for dismissing an employee at the request of the employer is absenteeism, but sometimes situations arise when employees do not show up on time or leave work for valid reasons. To avoid litigation, managers need to know a specific list of problems in which termination employment contract will be considered illegal. Read also the article ⇒

What is absenteeism under the Labor Code of the Russian Federation?

A complete list of grounds on which employers can dismiss their subordinates on their own initiative is specified in Art. 81 Labor Code of the Russian Federation. Among them there is absenteeism - absence from work for more than 4 hours in a row without good reason.

To terminate labor relations Due to absenteeism of a subordinate, the following is necessary:

Action	Description
Recording absenteeism	Draw up a report and ask two other witness workers to sign it. Video recordings and memos can also be used as evidence.
Requesting an explanatory note from the guilty employee	Within two working days, he must provide a written explanation (Article 193 of the Labor Code of the Russian Federation). If this does not happen, a corresponding act is drawn up.
Drawing up a dismissal order	Must contain a description of the reason and a link to Art. 81 of the Labor Code of the Russian Federation, indicating the legality of the employer’s actions
Familiarization of the employee with the order	He puts his signature on the document. If he refuses to sign, a corresponding act is drawn up.
Entering information into your personal card and work book	The reason for dismissal is indicated on the basis of paragraphs. and clause 6 of Art. 81 Labor Code of the Russian Federation.
Full payment	On the last day of work, wages and compensation for vacation balances are paid

List of valid reasons for absenteeism

Sometimes circumstances arise when working citizens cannot predict in advance their absence from work, and this will not be considered absenteeism:

Illness or injury. To confirm you will need sick leave.
Delay vehicle, next to the place of work on schedule.
Sudden hospitalization of a close relative.
Fires and other emergencies.
Natural disasters.
Malfunctions utility networks(water leak, gas leak).
Getting into an accident on the way to work (a certificate from the traffic police will be required).

Valid reasons for absenteeism include delayed wages. According to Part 2 Art. 142 of the Labor Code of the Russian Federation, if the employer delays it for more than 15 days, employees may not go to work, having previously notified him about this in writing.

Absenteeism is also considered valid if family circumstances arise:

birth of a child
death of a relative.

In this case, the employee can ask for leave without pay lasting up to 5 calendar days on the basis of Art. 128 Labor Code of the Russian Federation.

Below we consider an example of unjustified dismissal for absenteeism:

Savelyeva I.V. works as a manager in an LLC, her working day starts at 09:00. 00 min. On her way to work, she gets into an accident, but there are no injuries. It takes 3.5 hours to wait for traffic police officers. After drawing up a diagram of the accident, the culprit, together with Savelyeva I.V. sent to the traffic police department, where all documents are drawn up.

Subsequently, Savelyeva I.V. provides a certificate of the incident to the manager so that absence from work is not recognized as absenteeism.

What reasons are considered disrespectful?

A specific list of disrespectful factors of the Labor Code of the Russian Federation is not provided, however, judicial practice There are several situations where dismissals for absenteeism were considered legitimate:

Failure to provide sick leave for the entire period of illness.
Taking any leave if the application is not signed by the manager.
Caring for a relative who is undergoing hospital treatment, if this is not necessary.
The employee left without permission and without good reason workplace without agreeing with the boss.
The circumstances of the absence are unknown to management, but the employee himself refuses to give an explanation.
If a person overslept, didn’t want to go to work, or simply forgot.

In the latter case, proving absenteeism can be problematic: as a rule, employees still come up with valid reasons and indicate them in explanatory notes in order to avoid dismissal.

In Italy, since the beginning of 2017, they have been actively fighting against absenteeism of civil servants. According to the idea, those responsible are punished with house arrest or dismissal. “If we see that the manager does not punish the culprit, our employees intervene. If the offender is not fired by his boss, sanctions are imposed on him,” said Marianna Madia, Minister of Public Administration.

What disciplinary sanctions exist?

Conclusion

Dismissal for absenteeism in some cases is considered unlawful if the employee does not show up for work for a good reason. Employers need to take this into account when deciding whether to use disciplinary action, in order to avoid mistakes and not to illegally dismiss an employee who is already in a difficult situation.

According to labor legislation, termination of an employment contract with an employee may occur due to the actual absence of the worker from the workplace without valid reasons, equal in duration to both the entire working day (shift) and more than four hours in a row during this day (shift). In other words, an employee’s four-hour absence from work is equivalent to absenteeism.

Let's look at how such absenteeism is punished and what the procedure for dismissal is.

Duration of employee absence and its impact on the choice of disciplinary action

It is important for the employer to record the duration of the worker’s absence from the workplace.

Since the law provides for the possibility of dismissal due to absenteeism only in the absence of an employee for more than 4 hours in a row, dismissal for absence for 3.5 hours is no longer allowed (subparagraph “a” of paragraph 6 of paragraph 1 of Article 81 Labor Code of the Russian Federation).

In this case, disciplinary sanctions may be applied to the employee for committing an offense. This is a reprimand, reprimand and termination of employment relations, i.e. dismissal.

In addition, it is not allowed to sum up the time of a worker’s total absence, for example, over several days, for individual hours of delay (morning, afternoon) or those associated with leaving earlier than expected.

Dismissal due to absenteeism is considered to be the rights of the employer, and not its responsibilities. Therefore, if there is a fact of absenteeism, he can apply one of the types of disciplinary sanctions against the employee or not apply anything at all.

Dismissal procedure

Since absenteeism is classified as a type of disciplinary offense, i.e. failure to fulfill the job duties entrusted to him or performing them improperly, termination of the employment contract can become a disciplinary measure.
Dismissal of a worker, taking into account the provisions of Article 81 of the Labor Code of the Russian Federation, can be carried out only subject to compliance with the rules stipulated by Article 193 of the Labor Code of the Russian Federation.

Firstly, you should prepare and verify it with the signatures of at least two witnesses. The act must be drawn up on the same day, but the absent employee must be familiarized with this document on the day he appears at work.

In the event of a long absence of the latter, daily drawing up of such an act is allowed. If a document confirming the valid reasons for the absence is presented, some days of those that were missed may be beyond the scope of documentary evidence.

In the work report card, the corresponding marks are made according to the time of the employee’s absence.

This can be the letter code “NN” or the numeric “30”, which means failure to appear for unknown reasons.

In addition to the act, you can prepare a memo addressed to the head of the enterprise. The immediate supervisor of the absent employee can handle its registration.

The note should indicate the worker’s absence from the workplace and the measures taken to find him (call a mobile phone, home phone, etc.). As soon as an unscrupulous employee appears at work, you should immediately demand from him an explanation for his absence, documented in writing.

The employee is given two working days to prepare such an explanation (Article 193 of the Labor Code of the Russian Federation). If the employee has not submitted an explanatory note, a report is drawn up indicating the employee’s refusal to provide explanations for his behavior. The act is certified by the signatures of at least two witnesses.

After the employer receives an explanatory note from the employee, the validity of the reasons for the worker’s absence is assessed. This is enough difficult task, because in labor legislation no approximate list of reasons considered is provided.

If the employer considers the stated reasons to be disrespectful, an order for his subsequent dismissal () is issued to the employee and presented to him for review and signing. If the employee refuses to sign the document, the corresponding act is again drawn up, after which an entry is made in the work book confirming the dismissal under the article.

The dismissed employee is given a full paycheck. If an employee disagrees with the actions of the employer, he can go to court.

Labor relations between employer and employee are a complex system of rules and regulations covering a wide range of production activities. Controversial situations often arise regarding the definition of the concept of “truancy.” What it is? By being absent from the workplace without a valid reason for a long time, an employee commits a violation labor regulations, which, according to the provisions of labor legislation, is called absenteeism. Many articles of the Labor Code Russian Federation explain in detail the circumstances necessary for the correct diagnosis of the actions of the absentee employee. The algorithm for the dismissal procedure for absenteeism is enshrined in Article 193 of the Labor Code. Labor Code of the Russian Federation In this case, an entry is made in the work book with reference to paragraph 6 of Article 81 of the Labor Code of the Russian Federation.

Absence from work without a valid reason

To the director of the JSC ... full name (from) the Head ... name structural unit... Full name “Memorandum” I bring to your attention that ... Full name ... position of the employee ... date ... was absent from the workplace for ... hours, which is confirmed by the act dated ... date ... refused written explanations. But since this is an isolated case, and the work experience is ... full name ... at the enterprise ... years ..., I ask you to limit yourself to disciplinary action in the form of a reprimand.

Head of structural unit Full name ... signature ... date Imposition of disciplinary sanctions For absenteeism, the Labor Code of the Russian Federation provides for the following disciplinary measures:

warning;
rebuke;
dismissal.

The first two measures are moral and ethical influence and are most often applied to employees who are highly qualified specialists and have committed an offense only once.

Dismissal for absenteeism: there is no person - but there is a problem

Instructions for dismissal for absenteeism When a manager decides that an unscrupulous employee can no longer work in his company due to regular absence, he must be guided by the law. Punishment for absenteeism (absenteeism) according to the Labor Code of the Labor Code of the Russian Federation is regulated by Article 81.
It consists of three main stages:

documentary evidence that the employee really does not exist. Be sure to draw up such a document after each violation.

Usually in this case an act is drawn up. It will help confirm the correctness of your words;
drafting and sending an official letter to the employee. It must be handed over to him personally.

Truancy Labor Code of the Russian Federation article

The entry must indicate that the employee was dismissed under the relevant article of the Labor Code, which is confirmed by an order for the enterprise;

the presence of deliberately false data in the act or order. If the employer deliberately slandered the employee, and the employee can prove this, then serious problems will also arise in court, which will be followed by the employee’s reinstatement and financial compensation.

Russian legislation gives an employee the right to challenge his dismissal. To reinstate an employee in his position, just one of the violations listed above is enough.

In principle, dismissing an employee for absenteeism is quite simple. The main thing is to do this carefully and competently, not to violate deadlines for drawing up documents, and to record your every step on paper in order to have irrefutable evidence.

Valid and disrespectful reasons for absenteeism

There are times when the occurrence of a circumstance is known in advance:

Severe illness of a relative that ends in death;
A relative has a child;
Birthday party;
Going to a wedding.

Usually such reasons are known, so it will not be difficult to write an explanatory note before the actual reason for failure to appear occurs. As a rule, such reasons for absence are also accompanied by several unpaid days off, which do not exceed 5 days, as prescribed in Labor Code Art.
128. Additional days off that occurred with the permission of the manager do not equate to absenteeism. Drawing up an explanatory note Not every employee knows how to correctly draw up an explanatory note and how to indicate in it the reason for absence from work.

How to fire an employee for absence from work without good reason

The absence of a list of unexcused reasons does not give the employer the right to regard each absence as unauthorized absence. He must take this determination with full responsibility, otherwise the precedent will be considered in court.

As a rule, the court proceeds from legal and disciplinary responsibility, that is, the entire proportionality and legality of the case is taken into account. In this case, the entire galaxy of reasons and motives for the employee’s absence from his place is subject to verification.

And if a valid reason for absenteeism is identified, the employer will be punished in this case. When identifying factors that precede an employee’s failure to appear, the employer must apply a punishment commensurate with the employee’s misconduct, and also take into account previously identified disciplinary measures. What is a valid reason for absenteeism? There come times when you cannot be present at your workplace.

Absence from work without a valid reason in the Republic of Kazakhstan

For how long did the absence occur, that is? work time or time reserved for rest;
How long does the absence last?
How many times during a shift or during a working day a person was absent from performing a production task.

In practice, absenteeism at work is bad, but before you are fired, you need to know the basic concepts of labor law. Absenteeism is classified as a violation production process, which may result in losses and damage to the organization.

Unexcused reasons for absenteeism The concept of an unexcused reason is not defined by the Labor Code of the Russian Federation. It follows from this that the employer himself has the right to assess the legality and importance of absenteeism or absence from work for some time.

Absence from work without a valid reason Ukraine

What is considered truancy? To determine the action of a full-time employee as absenteeism, certain conditions must be met:

Absence from work for a long period - more than 4 hours.
There is no justified motive for the misconduct.
Proper documentation of labor violations.

How many hours? By Labor Code RF control time value is four hours. Absenteeism is the absence of an employee directly from the workplace for more than 4 hours, therefore a period of four hours is not considered absenteeism. Possible reasons Upon absence from work, the employee must provide a written explanation of the reason for the incident. The Labor Code of the Russian Federation strictly delineates possible reasons, distributing them to:

respectful;
disrespectful.

The procedure for action and documentation directly depends on the circumstances of the offense.

Absence from work without good reason

Disrespectful Failure to provide official documents confirming a valid reason for the employee’s absence automatically classifies it as disrespectful. The consequence of unjustified absenteeism is a series of actions by the employer aimed at preventing similar actions in the future.

Attention

What's the threat? Leaving the workplace without agreement with the management of the enterprise is in any case considered a violation of labor discipline, therefore the employee is held accountable for absenteeism. Taking into account many factors, ranging from everyday attitude towards your job responsibilities and depending on the frequency and number of violations of labor regulations, the organization’s management decides on the method of influence on the violator.

An absenteeism report is a sought-after document that is drawn up if an employee of an enterprise maliciously violates labor discipline, not following the rules of the work schedule or not showing up for work at all. This document gives the employer the full right to apply to the employee disciplinary punishment– starting from a reprimand (for the first time) and ending with dismissal (for systematic absenteeism).

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What is considered truancy?

According to the law of the Russian Federation, absenteeism is the absence of an employee from the workplace for four or more hours in a row without prior warning to management. main feature absenteeism – absence of a valid reason or the employee’s unwillingness to explain this fact in any way. Thus, failure by an employee to fulfill official duties quite naturally leads to various measures of influence against him from the employer.

What is not considered truancy

Along with the definition of absenteeism, the law clearly outlines situations when the absence of an employee on site cannot be considered absenteeism. This:

time spent on sick leave;
passing exams, defending a diploma, etc.;
calling an employee to court or law enforcement agencies;
force majeure ( natural disasters, weather conditions, etc.).

These and some other circumstances that led to the employee’s failure to appear, in the presence of appropriate certificates, cannot serve as recognition of absenteeism.

Also, absenteeism is not considered absenteeism by an employee due to the employer’s failure to fulfill his duties, in particular, non-payment of wages for 15 days or more (but only with prior notice to the employer).

Who draws up the truancy report

As a rule, the preparation of this document is carried out either by a specialist HR department, either a lawyer, or the head of a structural unit, or a company secretary. In order to ensure that no further claims are made against the act, when it is drawn up, a specially created commission of other employees of the enterprise (two or more people) must be present, who, with their signatures, also certify the fact that a particular employee is absent from the workplace.

After writing the report, it must be handed over for review to the employee who committed absenteeism, as well as to management. Subsequently, on the basis of the act, an order for penalties for absence from work is drawn up.

The act must be drawn up no later than month after a recorded absence. Otherwise, the document loses its legal force.

Main features of the Employee Absence from Work Act

This document does not have a unified template, so it can be drawn up in free form or according to a template developed at the enterprise. The act can be written on the organization’s letterhead or on a regular A4 sheet. It is drawn up in two copies, one of which remains with the employer, the second is given to the employee. Both copies must be signed by the commission and the employee himself.

The act must contain information

about the enterprise where the “truant” worker works,
composition of the commission, whose members testify to absenteeism,
explanations (if any) about the reasons for absence from work.

Instructions for drawing up a Truancy Report

The act has standard form from the point of view of office work and should not cause any particular difficulties.

In the “header” in the middle it is written Title of the document(“Act”) with a short indication of its essence (in this case, “about the employee’s absence from the workplace,” but you can write it shorter: “about the employee’s absenteeism”).
The line below indicates city, in which the organization issuing the act is registered, as well as date its design.
Then fits in composition of the commission: positions of employees included in it, as well as their last names, first names and patronymics.
Next you need to add the same thing regarding employee, in relation to which it is created this document(his position, last name, first name, patronymic).
After this, it is necessary to clearly record the exact date and time of the walk(if this is several hours, indicate from what hour and until what hour the employee’s absence was recorded).
We include the reasons why the employee explains his absenteeism. If they are not there, then this fact should also be reflected in the act.

The act must include the signatures of the employees included in the commission opposite the relevant positions with mandatory decoding. Finally, the document must be signed by the employee who violated discipline, thereby certifying that he has read and agrees with the act.

After drawing up the act

If an employee does not agree with the act, he can seek protection of his interests in labor inspection or court. In some cases, challenging the fact of absenteeism and subsequent disciplinary action leads to its cancellation. In particular, this may be when:

the act does not contain information about the reasons for absenteeism, as well as evidence of absence from the workplace for more than 4 hours in a row (for example, there are no signatures of witnesses);
the act was not signed by the employee who committed absenteeism;
After drawing up the report, the employee provided the employer with documents indicating good reasons for not appearing at the workplace.

Are there valid reasons for absence from work? Some employers joke that only death is considered a valid reason for absenteeism. But often absenteeism is due to illness, a wedding or an exam at the university. Let's figure out what truancy is and what reasons can be considered valid.

What is considered truancy?

Absenteeism is considered to be the absence of an employee from work for more than 4 hours in a row, but provided that lunch time, which is due to the person by law, has been deducted. A period of absence less than the specified period must be recognized.

Truancy is divided into two categories:

Without good reason. Such absenteeism may become a reason if the employer does not impose another punishment on the employee.
For a valid reason, when a person was forced to be absent.

In practice, situations often arise when the employer does not recognize the employee’s arguments as valid and dismisses him. Then the employee can go to court and appeal the decision.

Analyzing the circumstances modern life, you can identify some valid reasons for an employee’s absence.

Personal reasons

1. Illness or injury.

Absenteeism is due to the health of an employee when a person goes to the hospital, but does not take out a sick leave sheet. Many people give up sick leave in order to save wages. In this case, the employee must provide a doctor’s certificate indicating the date of the appointment.

2. Medical examination.

If a person works in grocery store, child care facility, public catering, military, fire or rescue service, then a medical examination is mandatory procedure, and the absence of an employee cannot be considered absenteeism. But if the employee prescribed a medical examination for himself and did not bring a doctor’s certificate, then this can no longer be considered a valid reason.

If an employee refused to issue a sick leave or was undergoing a medical examination, he must provide a doctor’s certificate.

3. Illness of a child or other family member.

This fact must be confirmed by a doctor’s certificate or taken sick leave to care for the child.

4. Unexpected breakdown in utilities.

These reasons include a gas leak, a burst heating or water supply pipe, an electrical short circuit or a fire.

5. Participation in government processes.

The reason for absenteeism is considered valid if the employee is in court on a subpoena, for example, as a plaintiff, witness, juror or representative of the election commission. According to Art. 46 of the Constitution of the Russian Federation, such a reason is considered valid, because a person has the right to personal participation in court.

6. Delay of salary.

Delay in salary payments for more than 15 days can also be a valid reason. An employee has the right not to go to work, but must notify the employer in writing. According to Part 2 of Art. 142 of the Labor Code of the Russian Federation, absence may continue until at least part of the salary is paid.

Reasons for absenteeism caused by external factors

The circumstances for absenteeism may not be related to personal reasons. Anything that can be classified as a force majeure situation justifies a person’s absence from work for 4 hours or more.

Force majeure situations:

Elevator breakdown in a building - an employee got stuck in the elevator and was unable to come to work.
Road traffic accident.
Transport malfunction if it is not possible to transfer to another bus, trolleybus, etc.
Natural obstacles (flood, ice, strong gusts of wind).
Epidemiological situation in locality and mandatory vaccination.
Flight delay, which creates barriers to timely return home from vacation, business trip or other trip.
Lack of tickets at the ticket offices of any road, water or air services.

If the employee has confirmation that the absence was due to serious circumstances, then you cannot fire him.

Reasons for absenteeism that are known in advance

Sometimes the reason for absenteeism may be other circumstances that arose the day before or were known in advance. Such reasons include a wedding, the birth of a child, or the death of a close relative.

The employee also has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism. But the employee is obliged to warn the manager about these circumstances in writing; if this is not possible, then you can simply call. According to Art. 128 of the Labor Code of the Russian Federation, the period of absence from work cannot exceed 5 days.

An employee has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism.

Absenteeism does not always happen at the will of the employee. Sometimes a person is forced to stay late or not come to work at all due to unforeseen circumstances. But if there is a justification for absenteeism and it is valid, then you do not have the right to exceed your authority and deprive the employee of work. Before you publish, give your subordinate the opportunity to justify himself.

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