During the labor process, various violations often arise. They often have to somehow draw up. In some cases, until the dismissal. Issues related to labor documentation require great attention from the employer. After all, one wrong step - and the employee may complain to the labor inspectorate. And then the checks will begin, the process of restoring the frame in the post and other unpleasant moments. Therefore, today we will try to understand how to arrange absenteeism at work. What kind of concept is this? When does it take place? And why should a subordinate be afraid if he skipped work?
The concept
Initially, it is important to understand what characterizes the term "truancy." In general, this is a long absence from the workplace. In Russia, truancy can be considered:
- being late for work for more than 4 hours;
- absence of an employee during the whole working day.
That is, if a person is absent from work for more than 4 hours (inclusive), the employer has the right to absenteeism. But not always. Indeed, in Russia such a prolonged absence without prior warning is sometimes not considered absenteeism.
Ambiguity of law
It is important to understand that in the Russian Federation labor legislation does not always unambiguously interpret some points. And truancy is just such a component. What do you have to remember?
How to get absenteeism at work? The first step is to establish the fact of a long and, most importantly, unreasonable absence in the workplace. If an employee warned his superiors in advance that he would be late / did not come to work, then this variant of events could not be called absenteeism.
In addition, the absence without warning for good reason often can not be formalized as truancy. Therefore, often employers and subordinates meet in court to clarify the issue under study.
Respectful absence
How to arrange absenteeism at work? A huge role here is played by the fact of establishing an unreasonable absence in the workplace. As already mentioned, if there are good reasons, the employee can not worry about absenteeism and responsibility - they simply do not have a place.
Often, valid reasons for absence from work include:
- subordinate disease;
- death of loved ones;
- circumstances beyond the control of the citizen (natural disaster, flight delay, etc.);
- Accident
- illness of the child.
All this is not an exhaustive list. Usually questions about absenteeism are decided on an individual basis. Courts and employers themselves can assess the degree of respect for the absence of a subordinate at work. But, as practice shows, in all these situations, the judicial authorities side with the frame.
About features
The operation under study requires great attention. After all, it has some features that not everyone knows about. Namely:
- If absenteeism is considered due to absence from work all day, then a specific place of work should be assigned to an employee under an agreement. When a subordinate by labor agreement does not have a specific workplace, it is impossible to consider his presence anywhere in the territory of the enterprise as truant.
- An important role is played by the number of hours of absence from work. If a citizen is late by 1.5 or even 3 hours, then this scenario cannot be called absenteeism.
- Sometimes citizens willfully use vacation and time off.This is allowed if the head did not provide rest days when they are provided for by law. For example, a blood donor is required to give time off the next day after the delivery of biomaterial.
Perhaps this is all that is primarily important for the employer. Now you can consider in more detail the procedure for filling truancy.
Representation
The fact of absenteeism must be recorded in writing. Otherwise, the employee may complain that he was held accountable for anything.
Documentation of absenteeism is a guarantee of the observance of the rights of any boss. But, as we have already found out, only if there is an unjustified pass of the working day or a long absence is allowed to start the operation.
Responsibility for absenteeism
How to issue absenteeism to an employee? According to the Labor Code of the Russian Federation, a citizen can be held accountable. The employer decides how to punish a negligent subordinate.
The following options are possible:
- comments;
- reprimands;
- dismissal.
Usually, for the last scenario, it is required to repeatedly violate the rules established by the company. But by law, the employer is able to fire an employee even for a single absenteeism.
In addition, the boss may forgive the worker and not react in any way to the negligence of his subordinate. But in practice, this option is rare. How to get absenteeism at work?
About design step by step
To do this is actually not as difficult as it seems. In particular, if you follow a small guide. It will be presented to our attention below.
How to make absenteeism? The guide to writing this operation looks something like this:
- To establish the fact of the absence of an employee in the workplace.
- Prove the absence of good reasons for not attending work.
- Require written submission from subordinate. This is done at the employee’s first visit to the company after absenteeism.
- Draw up the necessary documentation for absenteeism, if the person did not have really good reason for not being at work. Further actions directly depend on how the boss decided to punish the negligent subordinate.
It is important to note that if the subordinate did not write an explanatory note, the authorities draw up a special act in which the mentioned violation is recorded. Under the Labor Code, explanatory notes after absenteeism are mandatory securities.
Dismissal
Let's start with the most “terrible” punishment - dismissal. How to issue employee absenteeism under similar circumstances?
The following papers will help here:
- dismissal order;
- Act on the absence of one or another employee at the workplace.
The second document is in free form on paper. It serves as a kind of confirmation of truancy. After compilation, a minimum of 2 witnesses sign it. The document reflects detailed information about absenteeism - the date of the incident, duration of absence from work, reasons (if any). Also in the act data is written about truant.
If you plan to execute a penalty for truancy, then a separate document is not required. In the annex to the order of dismissal, the employer indicates the need for penalties and relevant evidence.
Dismissal restrictions
How is a failure to appear at work correctly executed? A special act is drawn up, which is subsequently given to several witnesses for signing. If a citizen is going to be fired for absenteeism, then you need to take into account several more important points.
For example, such punishment is provided only for a certain time. You cannot fire an employee if more than 6 months have passed since the real absenteeism. During audits and audits, dismissal is permitted to be carried out no later than 24 months after the misconduct.
About reprimands
Most often, in fact, the phenomenon under study does not entail a complete removal from work. An employee may be reprimanded, for example.
Now we understand when dismissal for absenteeism is possible. The reasons for this phenomenon are different, but the main thing is that the employee should not have good reasons for being absent from work.
A reprimand is easier to make. In this case, the following documentation will be required:
- reprimand order;
- act of truancy.
The rest of the process is no different from dismissal. Unless in the end, the citizen is not threatened with removal from work duties with the termination of the contract. Instead, the employee is punished in some other way. For example, they do not pay premiums for a certain date. In this case, you will have to put the mark "PR" (truancy).
About the timing
How to arrange a dismissal for absenteeism? How much time is devoted to preparing the relevant documentation?
According to the Labor Code of the Russian Federation, it is necessary to carry out the operation within 1 month from the date of violation. The same period applies to reprimands and penalties. If the employer decided to leave the mentioned operation “for later”, then certain problems may arise in the future. Up to the point that they cannot apply any punishment to an employee.
Forgiveness
But what if the employer decided to forgive the subordinate and not punish him to one degree or another?
This alignment is the least troublesome. Under the Labor Code, all documentation listed above is used for disciplinary action and reprimands. This means that the boss may not make absenteeism in any way.
The only thing that occurs most often in practice is explanatory. It is possible, but not necessary, to ask the employee to clarify the situation. It is possible that the work day was missed for good reason.
What mark is used in this case in the time sheet? It is enough to put in it just "PR".
Change of decision
Nevertheless, if the boss decided not to apply disciplinary sanctions, this does not mean at all that such a scenario is exceptional. The thing is that the employer has the right to change his decision within a month from the moment of absenteeism.
In this situation, the boss may have problems proving absenteeism. The testimonies of witnesses will mainly help here.
In the work book
If you still decided to fire an employee, you will have to establish the real reason for his absence from work. What mark to put in the work book?
How to arrange absenteeism at work (a step-by-step procedure was presented to our attention) is understandable. In this case, you will have to put a note in the workbook. Above is a sample of it.
About pregnant at work
In addition, it is important to consider that pregnant women are not allowed to be dismissed for absenteeism. The Labor Code of the Russian Federation protects women in an interesting position. Termination of employment at the initiative of the employer in this case is possible only when it comes to liquidation of the company.
Nevertheless, the law does not prohibit disciplinary sanctions on pregnant women if they just skipped work. It is extremely difficult to prove the absence of good reasons for an employee to take such an action.
Timeline marks
From now on, it’s clear how to fill out an employee’s absenteeism. In fact, everything is not so complicated. What other marks in the time sheets?
As we have already found out, if the usual absenteeism is perfect, then “PR” is put in the document. But this is not the only record that can be encountered.
If a subordinate has proved that there are good reasons why he did not come to work, then NN in the time sheet should be corrected for the corresponding label. For example, “B” is put on a pass due to illness.
“NN” is a label indicating absence from work due to unexplained circumstances.
Perhaps this is all. A step-by-step procedure for dismissal for absenteeism and not only from now on is known to us. If you follow all the above features, then punishing a negligent employee will not cause trouble.