Today we will study the sample order for dismissal for absenteeism. We also have to get acquainted with the basic provisions on the termination of employment in connection with absenteeism. With the right approach, coping with the task is not so difficult. But the employer will have to pay attention to many features of the operation.
The concept of absenteeism
In order to draw up a competent sample of the order for dismissal for absenteeism, you must understand what exactly threatens to terminate the employment relationship. Indeed, in practice there are problems with this issue.
Absenteeism is the absence of a citizen in the workplace without reason for four or more hours. Accordingly, if the employer was warned of a delay or the failure to appear has a good reason, such an act will not be considered as a missed work.
Good reasons
We will also consider a sample order for absenteeism without dismissal. This is usually a reprimand or some kind of sanction. But more on that later. First, it is worth exploring under what circumstances skipping work is allowed.
The most common good reasons for being absent from the workplace are the following situations:
- disaster;
- Accidents and problems with transport;
- time spent in custody;
- participation in court hearings and investigations;
- emergency work that requires the presence of a citizen (for example, pipe repair in an apartment);
- time spent on sick leave;
- period of incapacity for work;
- care for children or disabled relatives.
This is not a complete list of situations in which you can not come to work. It often happens that a citizen considers the absence of a working day to be justified by the presence of good reason, and the employer - by truancy. Such disputes are resolved in court. And if the court determines that the reason for the absence from work is substantial, there can be no question of punishment.
Termination Algorithm
Before drawing up an order for dismissal for absenteeism (a sample document will be presented to our attention later), you need to understand how the termination of labor relations occurs. Failure to comply with the established rules entails serious consequences, up to the restoration of a citizen in office.
If the employer plans to fire a person for absenteeism, you will have to act like this:
- To establish the fact of violation.
- Prepare evidence that the employee really skipped work.
- Wait for the subordinate to appear and demand an explanatory from him.
- Prepare an order for dismissal or punishment for truancy.
- To familiarize the subordinate with the documentation.
- In case of dismissal, enter the relevant information in the work book.
- Give the employee the required documents.
- Make a calculation.
- To file a dismissal order in a personal file of a citizen.
- Send the employee documents to the archive for further storage.
In fact, everything is not as difficult as it seems. The main problem is precisely the fact of truancy. After all, if a person came to the enterprise (was on its territory), but he was not at his workplace, this will not be considered a work pass.
We establish the fact
Planned dismissal under the article for absenteeism? A sample order will be presented to our attention later. To begin with, it’s worth understanding how to establish and confirm the fact of missing work without reason.
For enterprises without special checkpoints, this can be a real challenge. As a rule, truancy is confirmed by drawing up a document signed by several employees of the company.In the paper, people indicate that the “accused” was indeed absent from work. It’s better to attach evidence to the document - photos, videos and so on.
The right to terminate the contract
The model order for the dismissal of an employee for absenteeism is far from always the case. Under certain circumstances, the employer simply cannot terminate the contract on its own initiative. Accordingly, as soon as the fact of an unjustified absence of work has been established, it is necessary to make sure that the boss can terminate the agreement.
For example, it is impossible to forcefully dismiss a pregnant employee or subordinate during the decree. The exception is cases of liquidation of the company. It follows that the model of the order of dismissal for a long truancy, presented to our attention, has no legal basis for existence.
As a rule, in this case, employers try to force the employee to dismiss at their own request. This act is illegal. The issue of dismissal at will is a voluntary matter.
Order structure
A sample order of absenteeism of an employee without dismissal and with the termination of employment is almost 2 identical documents. They both have the same structure.
Namely:
- a hat;
- name;
- the main part;
- conclusion.
The difference lies in the fact that absenteeism without firing is usually fined or reprimanded. The sanction is indicated in the main part of the paper. And if the company can be fired for an unjustified pass of the working day, then an order is immediately issued to terminate the labor agreement, which is given for signature.
About the content
A few words about what should be written in a competent sample order for dismissal for absenteeism. Belarus or the Russian Federation - this is not so important. The basic principles for compiling the studied papers are preserved in both cases.
As a rule, orders for reprimand / dismissal for an unjustified pass of a working day contain:
- detailed description of the violation;
- sanctions to be applied (reprimand, fine, dismissal);
- the word "Order" with clarification;
- F. I. O. subordinate offender;
- links to articles of the Labor Code that allow terminating the agreement or punishing a negligent subordinate;
- date of application of the sanctions.
In the Russian Federation there is no separate article "dismissal for absenteeism". But in the Republic of Belarus it is - Article 42, paragraph 5 of the Labor Code of the Republic of Belarus. In the first case, article 81 of the Labor Code of the Russian Federation will have to be indicated, in the second, the previously indicated section of the country's labor code.
Important: in Belarus truancy is considered absence from work for three continuous hours. This is an hour less than in Russia.
Features of the preparation of orders
In order to draw up a competent sample of the order for dismissal for absenteeism in 2017, you will have to remember several features of the process. Similar moments remain if the employee decided to punish for unreasonable absenteeism.
Every employer must remember that:
- Orders are issued in a certain form - written.
- The document must be signed by the employee. If the subordinate refuses this, everything is fixed and a separate act is drawn up.
- By hand, orders for dismissal, as a rule, are not written. They are printed on a printer.
- At the end of the paper should be the signature of the head of the enterprise and his seal.
Perhaps these are all the rules that you have to remember. Each modern personnel officer can make a model order for dismissing an employee for absenteeism without much difficulty. And reprimand / penalize a misdemeanor, too.
Employment record
Special attention should be paid to entering information on the termination of the employment contract in the work book. In the case of a usual reprimand or other sanctions, no additional entries are made in the document. They take place only upon dismissal.
As we have already said, in Russia there is no separate article to terminate labor-type relations for absenteeism. Therefore, it is necessary to refer to article 81 of the Labor Code of the Russian Federation.To be more precise, the employer should write in the workbook: “Dismissed due to absenteeism under article 81, part 1, clause b of the Labor Code of the Russian Federation. Nothing more to write in the work book.
In the event of termination of employment in Belarus, as you might guess, you will have to refer to paragraph 5 of Article 42 of the Labor Code of the Republic of Belarus. There is nothing incomprehensible in this.
Acquaintance with the order
As we have already said, as soon as the sample order for dismissal for absenteeism is ready, it is necessary to familiarize the dismissed person with the corresponding paper. This is often problematic. People simply refuse to get acquainted with the order.
Earlier we talked about the fact that all failures should be recorded in separate acts. This is a mandatory procedure that allows you to dismiss a negligent employee "under the article", even if he does not agree with the decision of the authorities.
The established legislation gives 3 days to familiarize yourself with the order to terminate the employment type. After that, an act is drawn up and the document takes effect. That is, the absence of the signature of the dismissed person on the order with proper behavior is not an obstacle to terminating relations with a negligent subordinate.
Through the fault of the employer
In some situations, the sample order for absenteeism of the employee without dismissal (including him) has no legal basis, even if the person did not come to work “just like that”. Sometimes it happens that such an act is justified by the actions of the employer. Such a pass is called forced.
Typically, these situations include:
- illegal dismissal;
- violation of the terms of concluding an employment contract;
- non-recovery of the employee in the workplace;
- delay in salary for more than 15 days;
- failure to provide equipment for work and a place equipped for work.
These circumstances allow the subordinate not to go to work. For the act of a citizen they can neither dismiss nor punish. After all, truancy will be forced. The only thing the employer can do is force him to quit on his own. But then the entry in the labor and the form of the order of dismissal will slightly change.
Sample
We figured out how to draw up the right sample order for dismissal for absenteeism and more. Moreover, we managed to understand how to give the document a move that would not cause problems for the enterprise and its managers.
Above is a sample dismissal order. This paper, as you can see, has nothing incomprehensible or special. The most difficult task is to establish the fact of truancy. Complying with the previously learned action algorithm is easier than it sounds.
Sample reprimand
Below is a sample reprimand for truancy. This document is not as common as it seems. Usually it is found in companies where they are fired only for repeated passes of working days.
As in the previous case, the paper does not stand out. The main thing is to remember all the previously listed features. Otherwise, the reprimand will be unreasonable and illegal. This brings a lot of problems to employers. Especially if the employee complains to the labor inspectorate.
Conclusion
Absenteeism is not the most serious violation, but even with his single appearance, a person can be fired from work. It is problematic to establish the fact that the reasons for absence from the workplace are valid. Most often, the employer meets with a subordinate in court. And the judicial authorities, having studied the submitted materials, decide whether there was really truancy or not.
It is also important to understand that the violation is considered perfect only if it is a continuous absence from work for four hours. That is, situations where the subordinate was not 3 hours 59 minutes, after which he appeared and disappeared again, they will not be considered truancy.