Labor activity in Russia has a huge number of features and nuances. All citizens are not only workers, but also ordinary people. Therefore, employers have various questions in the course of their activities. For example, today we have to find out whether they can be fired for absenteeism. What is needed for this? In fact, the topic under study is extremely serious. It is found in practice quite often. Nevertheless, employers and subordinates have a different view of the situation of this kind. What does the Russian labor law say? How to terminate employment with truant? The answers to all these questions will be found later. If you carefully understand, then no problems and disputes will arise.
Ambiguity
Can they fire me for absenteeism? As already mentioned, the answer to the question cannot be called unambiguous. Some say they can be fired for being absent from the workplace. Someone says the opposite. But who is right?
It all depends on the circumstances and the specific situation. Labor Code of the Russian Federation - a set of laws regulating the relationship between the boss and subordinates. It was created in order to resolve controversial issues. The rights of workers are protected precisely by the Labor Code.
In general, a citizen can indeed be fired for being absent from work. But under certain circumstances. Further, the topic under study will be considered in more detail.
The legislative framework
Can they fire me for absenteeism? It all depends on why the citizen did not come to work. As already mentioned, the termination of employment at the initiative of the employer due to the absence of a subordinate at work is possible. But not in all cases.
The Labor Code of the Russian Federation indicates that the boss may fire a person who has been absent from work for a long time without good reason. This right is established by Article 81. Accordingly, in order not to be afraid of dismissal, it is necessary to fulfill the signed labor contract all the time.
However, sometimes circumstances are stronger than the will of man. Therefore, it is not always possible to dismiss for absenteeism. Article 81 of the Labor Code allows you to terminate the relationship between the employee and the boss only in the absence of good reason. In addition, it is important to establish that it was just truancy, not lateness. This is extremely important.
Definition of absenteeism
But how exactly? What is truancy? Without a good reason, a citizen is absent from work for more than 4 hours in a row. It is this behavior in modern Russian law that is interpreted as truancy. How does the Labor Code qualify truancy?
It follows that if an employee had good reasons, then missing a working day or a long absence from work is not grounds for dismissal.
The main problem is establishing respect. The Labor Code of the Russian Federation does not have any clear instructions as to which cases are considered a valid pass for work. Therefore, each truancy is considered separately. This is a normal occurrence.
Good reasons
Can they fire me for absenteeism? Yes, if it has been proven. In other situations, skipping work will not be grounds for termination of employment. Therefore, you can not worry.
As already mentioned, the legislation of the Russian Federation does not indicate cases in which absence from work is considered valid. However, in practice, you can more or less decide when truancy is such.
Among the good reasons for being absent from work are most often distinguished:
- disability of a citizen, documented;
- stay in government or public works;
- passing a medical examination;
- blood donation and its components;
- custody;
- participation in rallies and strikes;
- emergency situations that interfere with normal operation (for example, cancellation of a flight or breakdown of a bus);
- delay in salary by more than 15 days.
The main thing is that a citizen can somehow confirm the existence of certain situations. Absenteeism without a valid reason under the law can really be punishable by dismissal. But isolated cases, as a rule, are not so dangerous for the subordinate.
Disrespectful reasons
Life is unpredictable. Therefore, it is not always easy to decide whether they can be fired for absenteeism. Often the correct answer will be given by the judiciary. After all, employers and subordinates are not always able to resolve such a contentious issue themselves.
Good reasons for not being at work for a long time have already been listed. Now you should pay attention to disrespectful cases. What do they relate to?
To date, the following circumstances are disrespectful reasons for absenteeism:
- passing a medical examination without a sick leave;
- days off for days worked in the absence of their official registration;
- applying for leave to care for the baby, if the issue of such a situation is not resolved in advance;
- finding a husband / wife in a hospital.
It follows that even if the spouse needs help during their stay in the hospital, they will have to work and fulfill the terms of the employment contract. Indeed, absence from work in this situation will be a reason for termination of employment.
Disciplinary action
Accordingly, the most difficult decision is to determine the validity of the reasons for absence from work. Each citizen must report to his boss about his behavior. This is legal practice.
If an employee missed a working day, an explanatory note is written for absenteeism. The employer has the right to request such a document in writing. The report has 2 days. If the subordinate did not write an explanatory note, the employer draws up the relevant act.
In addition, the boss has the right to terminate relations with a negligent subordinate when the latter refuses to explain and does not provide evidence of a good reason for not being at work. In this case, a disciplinary sanction is applied no later than a month after the discovery of truancy.
Can they fire me for absenteeism? As soon as the citizen has reported on his behavior, the employer should study all the documents presented to attention, after which a decision is made on how respectful this or that situation is. A subordinate who disagrees with the outcome may appeal to the court for appeal. If the employer decides to dismiss the employee, but the judicial authorities establish a good reason for missing the work day, you will have to reinstate the subordinate. Similar situations are not uncommon. Therefore, each employer will have to think in advance how to dismiss for absenteeism. It is important to carry out such an operation in compliance with all its features.
But disciplinary sanctions, as a rule, are calculated by the employer on their own. It is important to take into account the previous behavior of each subordinate. So, for example, a conscientious shot can get off with a small fine or warning, and a negligent subordinate with high penalties.
Legal dismissal
Now a little about when exactly truancy will be considered as such. The valid and disrespectful reasons for the absence from work have already been presented. To make it easier for employers to navigate, you need to pay attention to some specific cases.
How to fire for absenteeism? It is necessary that the absence in the workplace is characterized by one of the following layouts:
- a citizen does not work all day (regardless of the duration of the shift);
- a person is not at the place of work for more than 4 hours in a row without good reason;
- the employee entered into an employment contract, but it does not exist for a long time (lack of notification of intentions to dismiss);
- the subordinate does not work after submitting an application for termination of employment with the employer (according to the law, a working time of 14 days is required);
- unauthorized leave or use of time off.
All this is the basis for dismissal "under the article." Such circumstances are not subject to appeal in court.
Procedure
Can they fire me in one absenteeism? In practice, such a solution is extremely rare. After all, the boss will still have to follow the standard procedure for terminating employment with a subordinate.
How to get fired for absenteeism? Need to:
- To establish the fact of the absence of a citizen in the workplace.
- Demand an explanatory note from a negligent subordinate. There are 2 days to clarify the situation.
- If the citizen refused the explanation, a special act is drawn up. It is signed by the authorities. When a person described the situation, you need to establish how absenteeism is respectful.
- As a result of the decision, either the employer prepares the dismissal, or applies disciplinary action and continues the employment relationship.
You should pay attention to the fact that upon dismissal, the chief is obliged to make a full settlement with the citizen. More precisely, you have to pay for the time worked by subordinates. In addition, the employee is entitled to compensation for unused vacation.
Going to court
As already mentioned, each person who does not agree with dismissal for absenteeism can appeal against a decision in court. Only the judiciary will say 100% what situations are considered valid for being absent from work.
Judicial practice demonstrates that in Russia, employers are trying to dismiss for any work permit. However, this step is not always legal. And the "savvy" subordinates will always be able to reinstate in their positions at the same place of work.
Litigation is not to be feared. The main thing is to provide evidence that the absence of a working day had good reasons. The court always examines all the documents attached to the claim, on the basis of which it makes a decision.
Single violation
Can they fire me in one absenteeism? The answer is not as simple as it seems. It all depends on the integrity of the employee.
From the point of view of the law, dismissal for a single absenteeism takes place. In practice, it occurs only when either the boss does not relate well to the subordinate, or the staff does not work well. Most often, a single absenteeism entails disciplinary action, a warning and is limited to an explanatory. This is the most common occurrence.
Summary
Now the good reasons for absenteeism are clear. In addition, it is now clear whether they can be fired for being absent from work for a given time.
Despite all of the above, the situation with absenteeism and termination of employment still remains rather ambiguous. Each case must be considered individually. If it turns out there is a good reason for absenteeism, there is nothing to fear.