Violation of discipline at work leads to punishment. Absenteeism, that is, failure to appear at the duty station without a good reason, may result in dismissal. And this is, as they say, a wolf ticket, spoiling the reputation of a person. And how to get fired for absenteeism? It is necessary to know both the administration of the enterprise and the employee. The case is rather scrupulous and delicate. It seriously affects the future fate of man. Therefore, it is necessary to know in detail how they are dismissed for absenteeism in order to protect themselves in case of problems. Let's look at the nuances of the process.
What is truancy?
Let's start with the very violation of discipline. Quite often, people are scared by punishment, citing data that does not comply with the law. In fact, the concept of truancy is defined by a special document (Resolution of the Plenum of the RF Armed Forces No. 2 of 03/17/2004). This is a lack of workplace:
- during the shift;
- continuously for more than four hours;
- use of time off without informing the administration;
- unauthorized abandonment of duties without a statement.
It must be added that the above cases will be considered absenteeism only when a person cannot prove the existence of valid reasons. For example, if an employee suddenly went to the hospital, they would give him a certificate. This document is evidence of his innocence. And if a person simply decided that today he had a day off and did not inform anyone, then the administration has the right to call him truant. Then he will have to get acquainted with how they are dismissed for absenteeism, in practice. This, you see, is unpleasant.
How the violation is made out
Let's move on to the intricacies of the process. Absenteeism cannot be proved by words, even if a thousand people call the choir of the employee an intruder. Legislation describes the list of securities with which it is confirmed. These include an act of truancy. It is believed that this document is drawn up in any form, since nowhere are the requirements for it clearly indicated. However, the act of truancy is carefully studied by the court, if it comes to it, therefore, its writing should be treated carefully. Lawyers recommend proceeding from the definition of this violation. Namely, to take into account the phrase from it “absence at the workplace”. Therefore, it is necessary to describe in detail the place of service where the intruder was supposed to be. It also indicates who discovered his absence, what measures were taken. If there is information about where the employee was, it should be described in detail, mentioning from whom it was received. Dismissal for absenteeism should be drawn up as detailed as possible. Do not be afraid to write too much. On the contrary, the more nuances are indicated, the better for the administration. The act is signed by the person who composed it and by the witnesses.
Intruder reaction
It must be added that the fact of absenteeism is recorded in yet another document - a time sheet or an accounting journal. In this document in the box at the intersection of the name of the employee and the date is the sign “P”. In addition, it is desirable that the immediate supervisor of truant write a memorandum. This document indicates the fact of violation, the period of absence, the position of the one who revealed his absenteeism. The Labor Code of the Russian Federation does not contain clear instructions on the mandatory nature of this document. But lawyers recommend insurance against a court case. The truant needs to be asked for explanations when he appears at work.A person must indicate in writing the reasons for the violation, confirm them with relevant certificates. If he refuses, another act is drawn up. The reason for absenteeism is considered valid if the employee can confirm it. In other cases, the decision is made by the head of the enterprise.
Further actions of the personnel officer
When these papers are collected, they must be taken to the head. He is responsible for all the work of the enterprise, makes personnel decisions. The specialist himself is not entitled to prepare draft orders or punish the offender. Dismissal for absenteeism is the prerogative of management. After all, the matter at this stage can still be decided by the world, in a contractual manner. It all depends on the value of the employee, his business reputation. The manager must respond in writing to the documents. He imposes a resolution. As a rule, it consists of several words: “To the personnel service to prepare an order for disciplinary action”. Only after receiving papers with a resolution, the personnel officer carries out further work. It consists in preparing a draft order. It should be noted that many issues are decided personally between the worker and the employer. The personnel officer should be advised to the offender to initiate a conversation with the boss. Perhaps this will save a person from serious problems. It's no secret that absenteeism at work does not always entail dismissal. Everything needs to be agreed.
Reprimand for absenteeism
As already mentioned, it is not necessary to fire a person. As a rule, if the violation is sporadic, then he is reprimanded. This is a special procedure that takes the same form as truancy. Labor Code of the Russian Federation (Article 193) give the specialist an algorithm of action. It is necessary:
- record the fact of violation by an act;
- request an explanation from the employee;
- get the resolution of the leader;
- prepare a draft order;
- to acquaint a person with him after signing.
There are specific dates for this work. So, a penalty can be imposed only within a month from the date of its commission. This period does not include sick time. The end date for a legitimate reprimand is considered a day six months later. It is strictly forbidden to break the line of imposition of penalties.
Nuances of claiming employee explanation
A specialist and a worker who gets into trouble through his own fault need to remember some subtleties. Making absenteeism is impossible without requiring an explanation from the intruder. The legislation does not define a period during which this should be done. That is, the administration has the right to ask the violator for a written report within a month from the day of absenteeism. The same is given only two days to ponder the answer (except weekends and sick leave). Also, the employee has the right to refuse to explain his behavior, which is highly discouraged. The personnel service, as a rule, conducts an oral conversation with the violator. But you can’t bring him to court. Therefore, it is advisable to write a truant a letter and hand it under signature. It will be difficult to get out of this paper. If the violator decided not to write an explanatory note, then an act is drawn up. His form is free. But several people should attest to the fact of refusal. If a trade union organization operates in production, it must be brought to consider dismissal.
Duration of termination in accordance with the law
Administration is limited in its actions. That is why it is important to know how to fire properly. All documents from fixing the violation to the execution and signing of the order must be completed within a month. The days of absenteeism on official leave or on sick leave are excluded from this period. If you do not have time, it is better to negotiate. Otherwise, the court will be on the side of the offender.
Dismissal for absenteeism: step by step instructions
Let us try to briefly formulate all of the above in order to have an algorithm of actions before our eyes. Making absenteeism is divided into the following stages:
- fixing violation (memo, mark in the report card);
- drawing up an act;
- demanding an explanation;
- preparation of a draft order;
- familiarization with it work;
- issuance of a work book and full settlement.
We have not yet touched on the last point. Let's discuss the nuances of the order, the delivery of the work book and the issuance of the latter in the production of money to the violator. Here, too, there are subtle places.
Order and entry in the labor
First of all, it must be remembered that the entries in these documents must be based on legislation. The order indicates Art. 81. p. 6 p. "A" of the Labor Code of the Russian Federation. The basis for its preparation is a previously drawn up act (with a management resolution). It is necessary to check once again that there are no violations in terms. The personnel officer has a great responsibility for the correct execution of all documents. Lawyers recommend at first to find out how to get fired for absenteeism, and then to get to work. Record in labor completely repeats the order. Supplementing it with other words or phrases is prohibited. There should also be a link to the TC, the details of the order are indicated. This is extremely important. After all, the record will appear in court if you fail to agree with the violator. If it is done wrong, then the person will be restored to the service.
The subtleties of the issuance of labor
Another very difficult stage. The legislation established that the employee must receive this document on hand at the time of dismissal. Often this does not work out. The man is upset, intends to challenge the decision of the leadership, therefore disappears and does not take away labor. No need to despair the personnel officer and harbor false hopes for the offender. Everything is decided by mail. If a person does not want to pick up a work book, they send her a letter with a notification. The same can be done with a copy of the order if the violator does not sign the document. Send by mail. But keep all receipts for the court. In fact, dismissal is an extreme case. Therefore, so much is said about the lawsuit. The personnel officer from the very beginning of the matter should be tuned precisely to such an extension of the dispute. A former employee does not have to go to court, but you need to prepare documents with this probability in mind. Each letter in the paper must be clearly verified in accordance with applicable law.
Final settlement
This item is an explanation for accounting. The law clearly states that all the money to be laid off should be paid out on his last day in the service. Delaying time is prohibited. That is, the personnel officer must promptly bring the accountant a copy of the order. And he is obliged to calculate everything and prepare the necessary amount. If wages were issued through a bank account, you should immediately transfer them. These operations are also pending in court. If it turns out that something was underpaid to a person, they can restore him in the service or make the company compensate for the losses. And this is a completely different story. When calculating the accountant relies on Art. 140 and 84.1 TC. They spelled out the procedure for payment of all amounts due. It should be remembered that if the case reaches the court, then the dismissed person may claim and receive compensation. He will have to pay him the average monthly income for the whole time that the lawsuit lasted. And this, from the point of view of the enterprise, is a waste of the payroll.
Conclusion
Dismissal on the occasion of absenteeism is, frankly, a completely bad thing for both sides of the relationship. The personnel officer should be warned by an angry boss. It is better to part with the worker of the world, persuading him to show goodwill and write a statement. For this, you probably have to put pressure on this person. This must be done carefully. After all, all conversations will come up in court if the employee goes all-in. He needs to explain what is promised to him. dismissal "under the article." Then it will be possible to agree amicably. Well, it's better not to skip. Do you agree?
