Each person employed in a company on an official basis must strictly follow the internal routine and the requirements of the articles of the Labor Code. Therefore, it is not allowed to be absent from the workplace without good reason or not to comply with the requirements of the head. For this, a citizen can not only be held accountable by imposing disciplinary sanctions, but also be fired under the article. At the same time, a record of dismissal for absenteeism is necessarily entered in the work book. After such termination of employment, difficulties arise in finding a highly paid and interesting job.
The concept of absenteeism
Information about the possibility of holding an employee liable for absenteeism is prescribed in Art. 81 shopping mall. Absenteeism is represented by an event when an employee is absent from the workplace during the entire shift, the duration of which can vary significantly in different companies. Additionally, the situation when the employee is outside the company for 4 hours is considered to be absenteeism.
It is not allowed to summarize several periods of absence for several days or shifts. According to Art. 108 TC are not included in periods of absence lunch breaks or other periods of rest provided for by the employment contract.
Good absenteeism
If an employee decides not to appear at work, then he must remember the negative consequences of such an act. They consist not only in reprimand or comment, but also in the termination of the employment contract. On the basis of the misconduct, a record is made in the labor certificate of dismissal for absenteeism. To avoid such consequences, the employee must provide the employer with evidence that his absence from work is due to good reason. The TC does not regulate data on what reasons are valid. In this case, it all depends on the decision of the head of the company.
Most often, employees are not held accountable if absenteeism is associated with the following situations:
- Temporary disability, for example, if a citizen fainted or was taken to a hospital for various reasons.
- Identification of a serious illness in a relative.
- Refusal to work due to lack of wages on time.
- Citizen participation in rallies or strikes.
- The death of a loved one.
- Passing a medical examination or vaccination.
- Emergencies, such as evidence of employee involvement in a traffic accident. In addition, floods or natural disasters are considered emergency situations.
- Participation in a court or investigation.
- The detention of a citizen by representatives of law enforcement bodies of the Russian Federation.
Any reason must be supported by certain evidence. They can be represented by certificates from medical institutions, testimonies of witnesses or other documents.
Types of punishments for truancy
If the employee has no good reason for being absent from the workplace, then such an offense is called absenteeism. For it, the employer can use different types of punishments:
- Comment.
- Rebuke.
- The deprivation of the premium.
- Dismissal under Article 81 of the Labor Code of the Russian Federation.
The extreme measure, represented by the termination of labor relations, is usually applied with repeated fixation of the violation.
How many absenteeism does an employee quit
On the basis of Article 81 of the Labor Code of the Russian Federation, only one absenteeism is enough to make a decision on the dismissal of an employee.This is due to the fact that such an offense is a gross violation of labor discipline, so the employer has the right to terminate the employment contract.
If the employee has been absent from the workplace for more than 4 hours, then the head of the company can perform the following actions:
- The fact of the absence of a hired specialist at the workplace is established.
- A written explanatory note is required from the offender.
- A document is requested from the employee confirming the existence of valid reasons for absenteeism.
- If there are no good reasons for such behavior, then the employer draws up an act on the absence of a specific specialist at the place of work.
- The dismissal is being executed, for which an order is issued in the form of T-8, in which reference is made to Art. 81 shopping mall.
- The necessary entry is made in the labor certificate of dismissal for absenteeism.
- The due payments are made to the dismissed employee.
If, for various reasons, the employee does not want to draw up an explanatory statement, then in the presence of two witnesses a corresponding act is drawn up. The process should be performed within a month after fixing absenteeism.
How is misconduct recorded
The procedure for dismissal for absenteeism can be carried out only with competent fixation of the misconduct committed by the employee. Detecting his absence at the place of work can be carried out in various ways:
- The head of a certain department in the company reveals that his subordinate is absent at the place of work.
- A citizen does not go through a guard post.
- On the records from the cameras there is no moment when the employee enters the organization.
Only if there is evidence of a citizen being absent from work can the following actions be performed.
Drawing up an act
It is advisable to form it immediately after the discovery of the misconduct on the part of the employee. How to draw up an act of truancy? For this, the requirements are taken into account:
- Compiled in writing only.
- For the formation of the act, a regular sheet or company letterhead is used.
- The text is compiled in any form.
- Information on the date of absenteeism and the period of absence of a citizen at the place of work is included in the act.
- Information is provided on witnesses.
- The compiler of the act is indicated.
- Signatures of company employees who took part in the formation of this document are put.
Without this act, the employee can challenge the dismissal, so the document is compiled without fail.
Employee Interpretation Request
Before applying various disciplinary measures, the employer must make sure that the employee did not have good reasons for missing the job. If there were good reasons, then the dismissal of an employee for absenteeism can be challenged in court, so an explanatory note is requested from the employee.
Based on Art. 193 documents are submitted to the employer within two days. The rules of compilation of explanatory include:
- It is formed exclusively in writing.
- It is written personally by an employee of the company.
- The date when the citizen skipped work is indicated.
- The data on the applicant (name, position and other information) is provided.
- The period during which the citizen was absent from work is indicated.
- Personal painting is put.
Documents are attached to the explanatory document, which are evidence of the presence of good reason for missing work.
Issuing an order
If the employee has no good reason, then dismissal for absenteeism at work is carried out. For this, the employer, on the basis of the available information, issues an order in form T-8. When drawing up the order for dismissal for truancy, the nuances are taken into account:
- A document is formed on the letterhead of the company.
- The name of the company, its details and contact information are displayed.
- The immediate reason for the dismissal of an employee is given.
- Reference is made to article 81 of the Labor Code.
- The circumstances of the violation by the employee are briefly described.
- Indicate the measure of punishment applied to the employee and represented by the dismissal.
- The date is written when the citizen will be fired.
The text of the document must be familiarized with the employee. After that, the employee signs a dismissal order for truancy. Next, the document is sent to the accounting and personnel services.
What record is entered in the workbook
When terminating the employment relationship at the initiative of the employer, it is necessary to enter the necessary information into the work book. When making an entry in the employment termination certificate, the following requirements are taken into account:
- It is indicated that the dismissal takes place according to the article, therefore a reference is made to Art. 81 shopping mall.
- Corrections are not allowed.
- If erroneous information is entered, it can be canceled by making a new entry.
- The date of dismissal is indicated.
- Reference is made to the order issued by the head of the company on the basis of the truancy act.
- The reason for dismissal is clearly indicated.
- The record is signed by the head of the company.
- The seal of the organization.
Additionally, the necessary mark is made in the personal card of the employee in the company. Be sure employees of the company must adhere to the correct order of dismissal for absenteeism. If gross errors are made, they can become the basis for contesting the termination of the employment contract.
What are the payouts
Dismissal for absenteeism is rarely used by employers. But even under such conditions, employees should receive all statutory benefits. These include:
- Salary for the worked period.
- Holiday Compensation.
- Miscellaneous allowances and bonuses indicated in the employment contract.
If a citizen does not receive all the necessary payments, then this violates the order of dismissal for absenteeism. Under these conditions, the former employee may complain to the labor inspectorate.
How to challenge
The dismissal procedure for absenteeism involves the preparation of numerous documents. If the employer violates the basic rules of the process, then the employee can challenge the dismissal. To do this, he must file a lawsuit. The claim is accompanied by evidence of violations by company management.
If a citizen really had good reasons for being absent from work, the court can satisfy his demands and forcibly reinstate him at the place of work. Additionally, according to a court decision, the necessary changes are made to the workbook, therefore, the entry in the employment record for dismissal for absenteeism is canceled.
Conclusion
If a person has been absent from work for more than four hours without good reason, then he may face various penalties, which include dismissal for absenteeism. Article 81 of the LC contains information on how this procedure is drawn up correctly.
When terminating an employment relationship in this way, an appropriate entry in the employee’s work book must be entered. It should have a link to Art. 81 TC, and also clearly indicates the reason for termination of the contract.