Employee absenteeism is a fairly common type of violation of labor discipline and is subject to strict disciplinary action, including dismissal. We will talk in detail about the specifics of the procedure for dismissal for absenteeism and the documents required to complete this procedure in our article.

Truancy: concept, types, criteria

Missed work or received a reprimand for absenteeism - such phrases are often used by both employees and employers. But is everyone familiar with the concept of absenteeism and in what case can we say that an employee skipped work?

• An employee can be called a truant only when he is not in his place more than 4 hours in a row and this fact is confirmed by written evidence. In other words, if an employee left work and did not return to it after 4 hours, then this situation can be considered absenteeism.
• A truant can also be a person who did not show up for work at all, and therefore did not perform his job duties the whole day.

Two main criteria have been established to recognize an employee’s absence from the workplace as absenteeism. These factors are considered:

• the employee is not at the workplace without good reason;
• the employee left the workplace for 4 consecutive hours (or more) or did not show up for work at all.

Types of truancy

As for the types of absenteeism, they are divided into two categories:

• The main ones are cases when an employee left work for several hours, or did not show up at the place of performance of work duties, and then showed up at work the next day. In such cases, the employer knows where the employee is, can contact him, find out the reason for absence (perhaps it is valid) and determine when the employee will return to work.
• Long-term - the situation is more complicated with long-term absenteeism, in which the employee is not at work for several days (weeks), while he does not make contact, and therefore it is impossible to establish his whereabouts. These factors significantly complicate the procedure for dismissal and other disciplinary sanctions for long absences.

What is not considered truancy

You left your workplace to receive medical care

This exculpatory factor is quite common in the event of industrial accidents and other emergency situations when an employee seeks help for himself or for his colleague. It does not matter whether you needed medical assistance directly, or whether you called a doctor for the victim - in both cases, your absence is not considered absenteeism. If you have left your place of work to see a doctor and you have a certificate about this, feel free to provide it to your employer! Your “absence” is legally justified and is not considered absenteeism. But keep in mind that the date of the certificate must correspond to the date when you were not at work.

You are participating in investigative activities or are under investigation yourself

As in the case described above, it does not matter whether you are directly a suspect in a court case, or act as a witness or witness - in each of these cases you are given the right to miss a day of work if this is caused by investigative needs. It is possible that on your way to work you became a participant or witness to an accident, and for this reason you were late for work or did not show up at all.

In order not to become a truant, take care to obtain a certificate stating that you are a victim, witness, witness, etc. If you provide such a certificate to your employer, you can consider yourself absolutely protected from the application of various penalties for absenteeism. When an employee is detained by internal authorities, the date of his detention must correspond to the date when he did not show up for work.

Your employer delays payment of wages for more than 15 days

By allowing you not to work “for free,” the legislation provides you with legal protection from an unscrupulous employer. But before you refuse to perform your job duties, be sure to inform management about this by filling out the appropriate application. It will not be superfluous if you decide to write a complaint to the labor inspectorate. In the event that the organization tries to fire you for absenteeism, a copy of the above statements will serve as confirmation of the legality of your missed work day.

An employee did not show up for work: what to do?

So, the employee is absent from the workplace for more than 4 hours in a row. What algorithm of action should the employer apply? Let us briefly describe each of the stages of step-by-step dismissal for absenteeism:

• The employer draws up an absenteeism report.
• An explanation of the reasons for absence is obtained from the absent employee. From the text of the explanatory note and the documents attached to it, it is established whether the absence has a valid reason or not.
• It has been established that the truant has no valid reasons. The employee's immediate line supervisor draws up a memo and submits it to the head of the organization.
• At the discretion of management, a disciplinary sanction is applied to the truant (reprimand, fine, dismissal).

Absenteeism without dismissal

We would like to separately note cases of absenteeism without dismissal. If you are a highly qualified employee with high work performance and have violated labor discipline for the first time, then it is quite possible that the employer will not fire you, but will limit itself to a reprimand:

• The use of penalties of a moral and ethical nature is the most universal and effective method of influence, because a reprimand can be issued to those categories of employees who cannot be fired for absenteeism (energy supply workers, ambulance and emergency care workers, workers in hazardous and hazardous industries).
• In addition, a reprimand allows for financial penalties in the form of deprivation of bonuses, as well as the imposition of a fine. Also, according to the Labor Code, a reprimand is one of the prerequisites for subsequent dismissal.

Let's try to find out all the intricacies of the procedure for dismissal for absenteeism in 2016, for this we will use step-by-step instructions.

Registration of a truancy certificate

If you are away for more than 4 hours or for the entire working day (shift), then the employer will definitely document this fact in writing. Registration of absenteeism is recorded in the appropriate act. The form of the act is not strictly established, so the document can be drawn up in the form established directly by the organization. But the law regulates compliance with the following conditions when drawing up paper:

• the document is drawn up and signed by members of the special commission;
• the act must record information about the location of the employee, and in the absence of such information - about the measures taken to establish it;
• the act contains exact data about the time the employee is absent from the workplace. If you have not been at your place of work for a long time, including during a break, then this fact must be recorded in the report;
• the date of drawing up the document strictly corresponds to the date of the employee’s absence.

The paper is handed over to the truant for review and signature. If you do not want to read and sign the act, then the fact of refusal is described in the document. It doesn’t matter whether you sign the document or not - in any case, the employer can fine you, reprimand you and even fire you.

Sample act

ACT N 1
absence from work without good reason
more than 4 hours in a row during a working day (shift)

Time for drawing up the act: 18 hours. 20 minutes.

Senior economist of the financial department Petrushov K.D. in the presence of chief accountant V.P. Skuratova and accountant of the 1st category of the settlement department Kirova G.L. has drawn up this act on the following:

April 25, 2016, 2nd category accountant of the settlement department S.N. Vasilyeva was absent from work at Saratov, st. Lenina, 25, office. 19 from 09 o'clock. 45 min. until 18 o'clock 00 min., including lunch break from 12 noon. 00 min. until 13 o'clock 00 min. - during the working day. (total 8 hours 15 minutes).

Vasilyeva S.N. requested to provide a written explanation within 2 business days.

Signatures of the persons who drew up the act:
______________/Petrushov K.D/
_____________/Skuratova V.P./
_____________/Kirova G.L/
I have read the act ___________/Vasilyeva S.N./

Requesting an explanation from the employee

Next, we move on to the explanations that the absent employee must give, describing the reasons for his action. To draw up an explanatory statement, you have 2 days. You can refuse to give explanations; this will be formalized in an act of refusal.

Such an explanation is drawn up by the violator in writing in the form of an explanatory note (the form of preparation is free). If you are required to draw up an explanatory note, then in its text you should mention good reasons, if any (you saw a doctor, were involved in an accident, etc.). All supporting facts must be supported by documented evidence.

Preparation of a memorandum

Analyzing the scheme of dismissal for absenteeism at work, we move on to the next point - preparing a memo. The report is written by the line manager addressed to the director of the enterprise; the form of the document is free, but it is worth mentioning the reasons for the employee’s misconduct and other violations that were noticed in him. At the end, the compiler expresses his opinion regarding the required impact.

Memo from the manager

General Director of JSC "Mars"
Komarov S.L.

REPORT No. 37 dated June 15, 2016
about violation of labor discipline

I would like to bring to your attention that today, June 12, 2016, the driver-forwarder of the sales department, Sorokin Stepan Markovich, was absent from his workplace for 7 hours 15 minutes. (including lunch break from 13.00 to 14.00) from 10:45 to 18:00.

Due to Sorokin’s absence from the workplace, the supply of materials to customers of JSC Kremen and LLC Sobol was disrupted.

There is no information confirming the validity of the reason for the absence of S.M. Sorokin. Sorokin refused to explain the reasons for his absence from work (I am attaching a statement of refusal).

In connection with Sorokin’s systematic violation of labor discipline, about which there are relevant acts, I ask you to consider the issue of imposing a disciplinary sanction on I.V. Makarov in the form of dismissal.

Head of Sales Department (signature) ____________ Khomyakov V.Yu.

Dismissal and entry into the work book

So, the director of the enterprise received a report and decided to fire the offender, about which an order was issued. It is important to understand that the order must contain the following mandatory information:

• reference to legislative norms that allow dismissing an employee for absenteeism, namely clause “a” of Part 6 of Article 81 of the Labor Code of the Russian Federation;
• a list of all documents grounds for dismissal (acts, reports, refusal of explanations, etc.);
• a note about the opinion of the trade union (if there is such a body in the organization).

An order of dismissal for absenteeism must be reviewed by the dismissed person within 3 days from the date of issuance of such an order. That is, if you are fired for absenteeism, the employer is obliged to inform you about it. But even if you refuse to sign the order in the “Acquainted” column, you are still considered dismissed, that is, refusal to familiarize yourself with the order is not grounds for canceling its validity.

Example of an order

JSC "Meridian"

ORDER No. 41-P dated 04/03/2016
on termination of an employment contract with an employee (dismissal)

Terminate the employment contract dated August 15, 2001 No. 43, dismiss on April 3, 2016.
Kondratyev Petr Afanasyevich (Table No. 318), senior expert-analyst of the Analytics and Financial Monitoring Department for a single gross violation of labor duties by an employee - absenteeism, subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation.

Grounds for termination of the employment contract: order “On the application of disciplinary sanctions in the form of dismissal” dated March 20, 2016 No. 24-k

Head of the organization ________________ F.L. Stepantsov
The employee is familiar with the order (instruction) ________ P.A. Kondratiev
04/03/2016

Entry into the work book

After signing and issuing the order, a corresponding entry is made in the work book of the dismissed person according to the sample below:

Dismissed due to a one-time gross violation by an employee of his work duties - absenteeism, subparagraph "a" of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.

A completed work book, certified by the signature of the manager and the seal of the organization, can be given to the dismissed person or sent by registered mail with notification.

Estimated payments

Upon dismissal due to absenteeism, an employee can count on monetary payments in the general manner, namely:

• receiving a payment for the days actually worked;
• monetary compensation for days of unused vacation;
• sick leave payment (if the employee was sick and provided sick leave before dismissal).

In addition, if dismissed for absenteeism, an employee has the right to compensation for travel and other business expenses incurred before the dismissal order was issued. To avoid delays and red tape, the employee should take care in advance to provide advance reports and documents confirming expenses.

Example: Specialist of the financial monitoring department of Znamya JSC Kurchenko G.L. 03/21/2015 dismissed for absenteeism. Kurchenko’s salary for the period 03/01/2015 - 03/21/2015 amounted to 14,380 rubles, including bonuses of 3,740 rubles. In the period from 03/05/2015 to 03/07/2015, Kurchenko was on a business trip to Astrakhan, where he incurred expenses in the amount of 4,120 rubles, for which he provided a corresponding report. Kurchenko also transferred sick leave to the accounting department of Znamya JSC for the period 03/20/2015 - 03/22/2015. The amount of compensation for sick leave was 3,518 rubles.
On the day of Kurchenko’s dismissal, the amount of 14,760 rubles was paid, of which:

• compensation for business trip expenses to Astrakhan - 4,120 rubles;
• salary minus bonuses that were not paid due to absenteeism - 10,640 rubles;
• Kurchenko’s sick leave was not paid, since its duration came later than the date of dismissal.

How to get your job back after being fired for absenteeism

In some cases, you can go to court to challenge unlawful dismissal and demand reinstatement from your employer. The court will take your side if you can prove that you were absent from work for good reasons. You also have a chance to win a lawsuit if your employer forced you to go to work on a day off and, having received a refusal, registered your absence as absenteeism. Reinstatement of dismissal for absenteeism is possible if the court establishes one of the following facts:

• You did not go to work during your vacation (sick leave, compensatory leave);
• You refused to work overtime, on weekends or outside the schedule;
• You were asked to change your place of work (locality, another area, etc.), to which you refused;
• You have been assigned a job for which you have medical contraindications (hazardous production, dangerous working conditions, etc.).

Judicial practice shows that in the above cases, the court, as a rule, is on the side of the employee, and therefore decides to reinstate him in the workplace, and in some cases even to compensate for the damage caused by the employer.

As you can see, strict punishment is provided for violators of labor discipline. But despite this, if you have evidence of your innocence, you always have the opportunity to defend your legal interests and, if necessary, demand financial compensation from your employer for the damage suffered.

Dismissal for absenteeism- a frequent phenomenon, but requiring careful compliance with all the standards established for this procedure. Let's consider the sequence of registering dismissal for absenteeism.

What does Article 81 of the Labor Code of the Russian Federation consider truancy?

In Art. 81 of the Labor Code of the Russian Federation, which describes cases of termination of an employment contract at the initiative of the employer, subsection is devoted to absenteeism. “a” clause 6. Absenteeism is one of the situations of a gross one-time violation of labor duties, expressed in the absence of an employee from the workplace without a valid reason for more than 4 hours in a row or during the working day or shift. Dismissal is one of the types of punishment for a disciplinary offense (Article 192 of the Labor Code of the Russian Federation), which is considered absenteeism, and is used as a last resort.

The manager may, taking into account the specific situation and the employee’s merits, decide on a different punishment for him (for example, apply a reprimand or reprimand).

Read about how you can have your punishment lifted. .

To apply punishment in the form of dismissal for absenteeism, it is necessary that:

• the employee did not belong to the category of persons not subject to dismissal (these are pregnant women, as well as persons on sick leave or on vacation);
• the fact of absence from the workplace was documented and fell within the duration established by the Labor Code of the Russian Federation; which specific place for an employee is a working place must be stated in the employment contract;
• the reason for absence was not valid or did not have documentary evidence;
• all necessary dismissal procedures were followed, including the timing of application of this punishment (Article 193 of the Labor Code of the Russian Federation): before the expiration of a month from the date of establishment of the fact of absenteeism, but no later than six months from the date of its commission (minus the time spent on sick leave, in vacation, time off or while involved in a criminal case).

Failure to comply with any of the listed provisions may result in dismissal for absenteeism being declared illegal in court if the employee applies there.

Procedure for dismissal for absenteeism

Absenteeism can be divided into 2 groups:

• short-term - it is possible to establish all the circumstances of the commission of an offense within a short period of time;
• long-term - it is impossible to quickly find out what happened to the employee who committed absenteeism.

The division into these groups determines a different approach to the procedure for dismissal for absenteeism, subject to compliance with general requirements. Let us reflect in the table the features of the stages of dismissal depending on their belonging to one of the groups. This description can be used as step-by-step instructions when dismissing someone for absenteeism in 2017.

Read about the features of drawing up different types of time sheets in the articles:

All documents drawn up during the dismissal procedure for absenteeism (acts, notifications, letters, memos, explanations) are drawn up in any form and recorded in the appropriate accounting journals. The acts must be signed by at least 3 persons who were present when the employee refused to draw up, receive the document or sign it.

Dismissal for absenteeism does not require the issuance of orders other than the order for dismissal in the established form T-8 or T-8a (decision of the Supreme Court of the Russian Federation dated 09.11.2012 No. 60-APG12-7, letter of the Federal Service for Labor and Employment of the Russian Federation dated 01.06. 2011 No. 1493-6-1).

When dismissing for absenteeism, the employer, as well as during a regular dismissal, is obliged to report this fact:

• to the military registration and enlistment office if an employee subject to military registration is dismissed;
• The Federal Bailiff Service (FSSP) upon the dismissal of an employee from whose salary deductions were made according to a writ of execution. In this case, the writ of execution is returned to the FSSP with a note in it about the deductions made during the period of work. If alimony was paid under this document, then the recipient of the alimony is also informed about the dismissal.

Where to find samples of personnel documents on absenteeism

Most of the documents used to formalize dismissal for absenteeism are drawn up in a free (free) form. Therefore, it is important to reflect the essence of the recorded circumstance, correctly indicate dates and time periods, data of the absent person, put down the necessary signatures and record the fact of registration of the document drawn up.

Read about how you can draw up a report if an employee refuses to provide an explanation. .

The only document that is made in accordance with the established form when dismissing someone for absenteeism is an order for dismissal. However, the form used for this is no different from a regular dismissal order. The differences consist only in references to article numbers of the Labor Code of the Russian Federation as grounds for dismissal and in the list of documents justifying the creation of the order.

The economic conditions of business entities dictate the need to hire the optimal number of workers. This assumes that there is no duplication of responsibilities and functions. Therefore, the absence of even one employee from work can cause a stressful situation. Unfortunately, such phenomena are not uncommon and they cause significant damage to business.

An unreliable person who may leave for no reason or not come to work at all creates unexpected disruptions in the activities of the enterprise, and sometimes such actions lead to direct material losses.

Entrepreneurs try to “get rid of” such “workers” by any means necessary. If such an employee cannot “leave” peacefully, then he has to be fired for absenteeism. Such an action is not an easy task for the employer and a big nuisance for the employee. Indeed, when looking for a new place, an entry of this kind in the work book not only prevents you from claiming a decent salary, but also calls into question getting a new job. Therefore, very often “workers” fired “under the article” go to court, hoping to cancel or change this record. They manage to do this only when the employer has made a mistake.

Getting rid of a truant worker, but at the same time observing the procedure for dismissal for absenteeism, is not as simple as it seems at first glance. Even small deviations and inaccuracies in compliance with the procedure for dismissal for absenteeism can lead to the need to reinstate a negligent employee due to formal circumstances.

This leads to the need to pay considerable sums for forced absence. Therefore, knowledge of such a procedure is the responsibility of both personnel officers and managers at all levels.

The legislation interprets the term “absenteeism” as the absence of an employee from the workplace for more than four hours in one day without a valid reason. Please note that the key phrase here is the second part of the definition. This means that, for example, no one saw an employee for several days (he did not answer the phone, did not open the door of his home, etc.), and after dismissal he proved that he was absent for a good reason, then the court will reinstate him at work . In labor disputes, the main thing is to follow the procedure. Let's consider the implementation of the procedure for dismissal for absenteeism (step-by-step diagram).

The Labor Code of the Russian Federation correctly answers the question of how to fire someone for absenteeism. But not everything that happens in life can be described in law. However, the scope of the law determines the sequence of actions. What should you do? First, it is necessary to establish and prove the employee’s absence from the workplace for a period of time determined by law (see above). The following circumstances must be kept in mind. Firstly, even if an employee was absent from the workplace for an hour in the first half of the day, and then left work without permission three and a half hours before the end of the work shift, then this falls under the definition of “absenteeism.” This is due to the fact that 1 + 3.5 = 4.5, that is, the total absence per day is more than four hours. Secondly, the facts imputed to the employee must be documented.

Now let’s find out what a workplace is? Is the presence of an accountant on the territory of the enterprise (for example, in a garage) during the entire working day his absence from the workplace or not? Yes and no. If the accountant's job description states that his workplace is an accounting department, then yes. If this entry is not in the instructions, then no.

So, the employee was not at work for more than four hours or was not at work for one day or several days. How is dismissal for absenteeism carried out in this case? The most correct action would be to draw up an act. The act recording the violation must be signed by at least two witnesses. Here is a sample of such an act.

LLC "Diamond Instrument"

Novosibirsk, st. ХХХХХХХХХХХ

According to the Resolution of the Plenum of the Supreme Court dated February 17, 2004 No. 2, truancy is recognized as:

• absence from work (outside the workplace) without good reason for more than 4 hours in a row during the working day;
• unauthorized use of rest days;
• unauthorized leave.

A normal and responsible employee will always warn the employer if something happens to him and he does not come to work. But if he disappears and doesn’t answer phone calls, he’s probably playing truant. Let's look at the procedure for registering dismissal for absenteeism.

Step 1. Record the fact of absence

An act is drawn up in free form in the presence of two witnesses.

Sample act of absence of an employee from the workplace

Sample form for an employee’s absence from work place

On the first day of such acts, at least two must be done. The first one is before lunch, the second one is before the end of the working day. In subsequent days (no more than three), one report is drawn up for each day of absence. If the employee never shows up, the employer continues to draw up one report per week until the person actually appears at work or decides to send him questions about the reasons for absence by mail. Upon dismissal, this act will serve as one of the supporting documents.

Step 2. Note the absence on the time sheet

Before the employee goes to work and explains the reasons for his absence, it is necessary to enter codes in: code NN (absence for an unknown reason). It is impossible to set the PR (absenteeism) code until written explanations (or an act of refusal to provide explanations) are provided; the court may subsequently recognize such a position as biased, and the dismissal as illegal.

Sample of recording absenteeism in a time sheet

Until a written explanation is received

After receiving a written explanation

Step 3. Notify the company management

On the first day of absence of an employee, his manager must inform the general director about this. This message is issued in the form of an official note in which:

• the situation is briefly described (the employee did not show up at work and is not in touch);
• contains a proposal to obtain written explanations from the employee with the subsequent adoption of a decision to bring him to disciplinary liability, including in the form of dismissal.

Sample memo about employee absenteeism

Step 4. Ask questions

If an employee does not appear for a long time or does not answer phone calls, the employer has the opportunity to send him questions about the reasons for his absence by mail. In this case, an official letter is drawn up on the organization’s letterhead demanding an explanation of the reasons for the absence. The general director must sign such a letter. The letter is sent with an inventory of the contents (for subsequent presentation to the court with a receipt for payment of the postage).

The letter must indicate the deadline by which the employee must provide his explanations. This period must be reasonable, for example, 15 calendar days, and include time:

• postal forwarding to the addressee;
• actually writing the explanation;
• return postage.

As noted Managing partner of the law firm “Varshavsky and Partners” Vladislav Varshavsky, the employee must be asked to explain the reasons for absence from work, since the employee’s right to provide explanations is provided for by law. Otherwise, the employer’s decision to dismiss a subordinate for absenteeism may be recognized by the court as unfounded. As an example, the lawyer cited Resolution of the Moscow City Court dated July 30, 2018 No. 4g/7-8964/18, from which the following conclusion can be drawn: the employer did not provide the employee with the opportunity to explain the reasons for absence from the workplace, and therefore significantly violated the procedure for dismissal on his own initiative. On this basis, the dismissal was declared illegal, and the employer had to reinstate the employee in his position, pay him the average salary for the period of forced absence and compensate for moral damages.

If after a reasonable period of time there is no response or the letter is returned due to the expiration of its storage period, it is necessary to draw up an act of refusal to provide explanations. It may be necessary to justify subsequent dismissal in court.

Sample act of refusal to provide written explanations

Sample letter with questions about the reasons for absenteeism

If an employee appears at work and does not provide supporting documents, on the same day he must be given questions about the reasons for his absence. He has two working days to write his explanation. If after this time no explanations are provided, on the third day an act of refusal to provide written explanations is drawn up. If substantive explanations are provided, move on to the next step.

Step 5. Assess the validity of the reason for absence

(if there is a certificate of refusal, this step can be skipped)

If management decides to dismiss the culprit, the order is issued using the unified T-8 form. Dismissal for absenteeism is processed according to Article 81 of the Labor Code of the Russian Federation.

Sample letter of dismissal for absenteeism

Step 8. Introduce the employee to the order

The employee must be informed of or the application of a disciplinary sanction (no matter what it will be - reprimand or dismissal) within three working days from the date of its publication (not counting the time the employee is absent from work). If he refuses to familiarize himself with the order, an act is drawn up in any form in the presence of two witnesses.

Step 9. Fill out the work book

Sample entry in the work book upon dismissal for absenteeism

Step 10. Issue a work book

On the last working day, the employee must be paid all cash payments due to him, as well as. For its receipt, the recipient signs.

If he refuses, we draw up an act in any form in the presence of two witnesses.

If a person is actually absent on the day of his dismissal (the last day of his work), the HR department employee on this day is obliged to send a notice of the need to appear for his work book or agree to be sent by mail.

If a person does not come and does not provide consent, the employer is obliged to keep such a work book for 75 years.

Express your opinion about the article or ask the experts a question to get an answer

Questions were answered by E.Yu. Zabramnaya, lawyer, PhD n.

Dismissal for absenteeism: there is no person - but there is a problem

It is common knowledge that the main asset of any company is its employees. However, not all employees understand that their job duties must be performed in good faith. And persistent violators of labor discipline, such as absentees, become a headache for the employer.

Absenteeism- is the absence of an employee from the workplace without good reason n:

• <или>throughout the working day, if the working day is 4 hours or less;
• <или>more than 4 hours in a row, if the working day is more than 4 hours.

Workplace- a place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer I Art. 209 Labor Code of the Russian Federation.

Everyone knows: absenteeism can get you fired. b subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. But in practice, difficulties arise: can an employee’s absence from work in a particular situation be regarded as absenteeism and punished for it?

What to do when an employee simply stops going to work one day? How to properly record absenteeism?

Before moving on to specific issues, let's consider the general procedure for holding people accountable for truancy.

How to record absenteeism and how you can punish for it

Let's start with the fact that absenteeism is a gross violation of labor duties by an employee. Therefore, you can fire even someone who skipped work once. h subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. This distinguishes absenteeism from less “severe” violations, such as being late for work.

Although even in case of absenteeism, milder sanctions than dismissal may be applied to the employee - reprimand and reprimand R Art. 192 Labor Code of the Russian Federation.

Regardless of what punishment you choose, you must:

• record the fact of the employee’s absence from work;
• find out the reason for this absence.

How to record an employee's absence from work

The fact that an employee is absent from work is recorded:

• <или>data from the electronic system installed at the checkpoint (checkpoint);
• <или>a report (official) note from the truant’s immediate supervisor;
• <или>an act of absence from work, which is usually drawn up by an employee of the HR department or the immediate supervisor of the absent employee in the presence of two witnesses - colleagues of the truant.

How to establish the reason for an employee’s absence from work

After recording the fact that an employee is absent from the workplace, you need to figure out what caused this absence. After all, an employee may not come to work for a good reason, for example, in case of illness or late return to work from vacation due to a flight delay.

If an absent employee comes to work the next day or a few days later, ask him for a written explanation of the absence. Moreover, it is better to do this in writing, so that in the event of a legal dispute you have evidence that you requested an explanation. After receiving explanations, you will understand whether the employee committed absenteeism or had valid reasons for absence from work e Art. 193 Labor Code of the Russian Federation; Clause 2 of the motivational part of the Determination of the Constitutional Court of the Russian Federation dated October 17, 2006 No. 381-O.

We warn the manager

Explanations about the reasons for absence from work must be requested in writing and given to the employee 2 working days to provide them.

Please note: the employee is given 2 working days to provide explanations. This period is calculated from the next day after you request an explanation from the employee. I Art. 193 Labor Code of the Russian Federation. For example, if you requested an explanation on April 26, then the above two-day period will begin to run on April 27. If the employee does not give an explanation within the specified period, draw up a report on their failure to provide And Art. 193 Labor Code of the Russian Federation.

An example of a notice of the need to provide written explanations and an act of failure to provide written explanations can be found in the publication “General Ledger. Conference hall", 2011, No. 3, p. 25-26.

If an employee does not show up for work for a long time for a reason unknown to you, take the same action. To Art. 193 Labor Code of the Russian Federation:

1) send by mail a valuable letter with a list of attachments and a notification of delivery to the employee’s address requesting a written explanation for the fact of his absence. Then, in the event of a legal dispute with an employee, you will have proof that you tried to get an explanation;

2) draw up daily reports on the employee’s absence from the workplace in the presence of witnesses;

3) record in the work time sheet according to form No. T-12 or T-1 3 failure of the employee to appear for unknown reasons (until the circumstances are clarified). To do this, put in the timesheet:

• <или>letter code "NN";
• <или>digital code "30".

Do this until you find out the reason for the employee’s absence or until management decides to fire him.

Your further actions depend on how the situation develops.

SITUATION 1. The employee showed up for work some time later. Request an explanation from him and, depending on whether he had a valid reason for his absence or not, decide whether to hold him accountable.

SITUATION 2. You have received an explanation from the employee by mail, from which it follows that he has no valid reasons for his absence. But he doesn't go to work. You have the right to issue an order to hold him accountable for absenteeism, up to and including dismissal. I subp. “a” clause 6, part 1, art. 81, articles 192, 193 of the Labor Code of the Russian Federation.

SITUATION 3. You have not received an explanation from the employee; he still does not come to work. But you received a notification by mail that he had received your demand for an explanation.

Some employers fire the employee in this situation. They are guided by the fact that an explanation has been requested from the employee and the employee himself is to blame for not providing it. But such actions are associated with certain risks. After all, there is a possibility that the notice was not given to him, but to one of the family members. For example, the employee himself may be in the hospital, and the correspondence is received by his family, who are not obliged to give you an explanation. Therefore, it is prudent in such a situation to continue to make attempts to contact the employee until receiving any explanation from him. SITUATION 4.

• <или>continue to draw up daily reports on the employee’s absence from work and record absences in the time sheet, and until the reasons for the employee’s absence are clarified, they do not issue an order to dismiss him. The majority does this, guided by the fact that the reason for the employee’s absence is not known, which means that the employer is not 100% sure that the employee is absent (that is, absent without good reason);
• <или>lose patience and fire for absenteeism if the employee’s absence is too long, the employer’s repeated attempts to contact him are unsuccessful and another employee needs to be hired in his place. Courts often agree with such dismissal in absentia Determination of the Moscow City Court dated November 12, 2010 No. 33-32370.

But sometimes the courts note as a violation of the dismissal procedure that a notice of the need to give an explanation for absence from work was sent to the employee, but the postal item was not delivered to the employee, but was returned to the employer Yu. Although, as practice shows, if this is the only violation, then it is unlikely that the employee in such a situation will be reinstated at work.

We warn the manager

It is forbidden dismiss an employee immediately after he fails to show up. We need to ask him for an explanation. Otherwise, he may later be reinstated at work by the court, and then you will have to pay him the average salary for the entire period of forced absence.

Remember, there is always a chance that your employee will return and provide you with a document confirming the valid reasons for his absence and the impossibility of notifying the employer in a timely manner. Then you will have to cancel the order to dismiss the employee.

If you do not do this yourself, then when the former employee is reinstated by the court, the court will oblige you to pay him the average salary for the period of forced absence A Art. 394 Labor Code of the Russian Federation; paragraph 41, paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. You will not have to pay for the period of absence of the employee from work before you issue a dismissal order, since he did not work. The exception is when he has sick leave.

If, however, you have already hired a new one to replace the dismissed employee, and the court reinstated the dismissed T Art. 394 Labor Code of the Russian Federation, then a new employee hired for his position will have to:

• <или>transfer to another job that corresponds to his qualifications, or to a lower position (lower paid job), which he can perform taking into account his state of health;
• <или>if there are no vacancies or if the employee does not agree to the transfer, terminate the employment relationship in connection with the reinstatement of the employee who previously performed this work by the court at clause 2, part 1, art. 83 Labor Code of the Russian Federation. Upon dismissal, the new employee will need to pay severance pay in the amount of two weeks' average earnings A Art. 178 Labor Code of the Russian Federation.

If, in connection with the appearance of an absent employee, you decide yourself (without court) to cancel the order of his dismissal and provide him with his previous job, then you will have to negotiate with the new employee replacing him (unless you hired him under a fixed-term employment contract):

• <или>about his transfer to another job at Art. 72.1 Labor Code of the Russian Federation;
• <или>on termination of an employment contract by agreement of the parties n Art. 78 Labor Code of the Russian Federation.

How to record absenteeism on a time sheet

If you are convinced that the employee was absent, be sure to adjust the data on the time sheet. Remember that the time sheet is one of the most important documents confirming the employee’s absence from work and the reason for this absence I Determination of the Leningrad Regional Court dated September 15, 2010 No. 33-4513/2010.

You need to correct the letter code “NN” (or digital code “30”) originally entered on the report card to the absenteeism code. This can be done in two ways:

• <или>just cross out the code “NN” (or “30”) on the report card and write “PR” (or the digital code “24”) at the top. These corrections must be certified by the persons responsible in the company for maintaining timesheets and personnel records, as well as by the head of the structural unit in which the absentee works, indicating the date the correction was made. th clause 5 art. 9 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”;
• <или>in addition to the main time sheet drawn up for all employees, where the absentee during periods of absence is marked “NN” (or “30”), draw up a corrective time sheet exclusively for this employee. And already in this report card for the days of absenteeism, enter the code “PR” (or “24”). Attach the corrective time sheet to the main time sheet.

During what period can an order be issued to prosecute for truancy?

Absenteeism, like any other disciplinary offense, can be punished b Art. 193 Labor Code of the Russian Federation:

• within a month from the date of its discovery, not counting the time the employee was ill and on vacation;
• within 6 months from the date of its commission.

When an employee does not show up for work for a very long time, management may fear that the time limit for applying disciplinary sanctions for absenteeism will expire.

No worries. The period calculated from the date of discovery of absenteeism will begin to run not from the 1st day of the employee’s absence from work, but from the day when you became aware that the employee was absenteeism T.

How to file a dismissal for absenteeism

In case of dismissal for absenteeism, an order to terminate the employment contract is issued according to the unified form No. T-8 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. In the order, do not forget to state the circumstances of the absenteeism committed by the employee, indicating the dates of absenteeism A Determination of the Moscow City Court dated November 25, 2010 No. 33-35148, and in the column “Base (document, number, date)” list all documents drawn up as part of the procedure for bringing an employee to disciplinary liability:

• certificates of absence from work;
• reports (official) notes;
• a written explanation from the employee or an act of refusal to give an explanation.

The dismissal order must be presented to the employee against signature. And if the order cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it upon signature, a note about this must be made on the order m Art. 84.1 Labor Code of the Russian Federation.

An entry in the work book upon dismissal for absenteeism is drawn up as follows.

If the employee is not at work on the day of termination of the employment contract, send to his home address a notice of the need to appear for a work book or agree to have it sent by mail e Art. 84.1 Labor Code of the Russian Federation. Until you receive written instructions on what to do, keep the work book with you.

Now let's move on to the questions from our readers.

Unauthorized going on vacation - absenteeism

T.A. Ivanova, Perm

The employee was on sick leave for several months, and then wrote an application for annual leave. We have no grounds for granting him leave at this particular time (that is, not according to the vacation schedule). Without waiting for a response from management, he stopped going to work. Do we have the right to register his absence from work as absenteeism?

: Yes. As follows from your situation, the employee went on vacation without permission, that is, absenteeism l Art. 192, sub. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation;.

By the way, absenteeism is also the unauthorized use of time off by an employee. The exception is cases where the employer was legally obliged to provide the employee with rest time, for example, time off on a certain day, but did not provide it. For example, he refused to provide an employee with a donor day the day after the employee donated blood, although according to the Labor Code of the Russian Federation he was obliged to do this b subp. “d” clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2; Rulings of the Moscow City Court dated October 28, 2010 No. 33-30782, dated October 14, 2010 No. 33-30069, or refused to grant leave, although according to the schedule the employee should have gone on leave at that particular time.

Unregistered maternity leave is also absenteeism

HEDGEHOG. Goncharova, Balabanovo

After completing maternity leave (in 2008), the employee did not go to work and did not inform the employer about the birth of the child. After giving birth, I did not take out maternity leave. In 2011, she sent a letter in which she asked to be given leave without pay from March 7, 2011 to April 15, 2011 inclusive. The child probably turned 3 years old on March 7, 2011.
Is it possible to fire this employee?

: Can. If the employee did not exercise her right and did not take out maternity leave A Art. 256 Labor Code of the Russian Federation, then she is most likely playing truant. As follows from the question, then she also went on leave without permission without pay, that is, she again committed absenteeism.

But before you fire an employee, ask her for an explanation of the reasons for her absence from work for 3 years. And register your truancy as required.

You cannot fire an employee for refusing to interrupt a vacation.

HELL. Starikov, Moscow

The employee, in agreement with the manager, went on vacation for a whole month. During his vacation, a situation arose in the organization that required his participation. However, he refused to interrupt his vacation. Can he be fired for absenteeism?

: No, in such a situation you cannot fire someone for absenteeism. According to the law, recall from vacation is possible only with the consent of the employee A Art. 125 Labor Code of the Russian Federation. Therefore, you have no grounds not only for dismissing him for absenteeism, but also for bringing him to disciplinary liability in general (even in the form of a reprimand or reprimand )Art. 192 Labor Code of the Russian Federation.

An explanatory note from a mother will not replace an explanatory note from an employee.

S.F. Zorkina, Stavropol

The employee did not come to work for several days and did not provide an explanation for the reasons for his absence. His mother came to the organization with a request to issue her son’s work record book at his verbal request. The mother also said that her son was already working in another city and was not going to work for our organization.
Written explanations were taken from the employee's mother. Based on these explanations, we fired the employee for absenteeism, and gave the work book to his mother.
Now we’re thinking: did we do the right thing?

We warn the manager

If the employee does not want to leave vacation early, This is not a truancy.

: You made the wrong decision. In such a situation, you should have sought an explanation from the employee himself, and not from his family members. And Art. 193 Labor Code of the Russian Federation.

The mother's explanation in your situation is just an additional argument. But it cannot serve as evidence of absenteeism by your employee.

It was wrong to give the employee’s mother a work book, since she did not provide you with a power of attorney to receive it, written by her son. It was necessary to send a notification to the employee’s address about the need to appear for a work book or to agree to send it by mail e Art. 84.1 Labor Code of the Russian Federation. Until you receive an answer from him, the work book should be kept by you.

Written agreement on vacation time with the employer is in the interests of the employee

R.P. Kutsenko, Krasnodar

The manager verbally allowed me to go on vacation for 3 days outside the vacation schedule, and upon returning to work, he fired me for absenteeism. This is not the first time this has happened in our company. Is this legal?

: Of course, it is illegal if you have agreed on your vacation with him. But in your situation, you still need to be able to prove this to the court (including with the help of witnesses). And the best proof is your application for leave with the resolution of your manager. Then the court will reinstate you at work. And if you can’t prove it, the court may decide that you went on vacation without permission. O Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

If a manager constantly practices such unfair actions towards his employees in order to deal with unwanted employees, then it is worth reporting these facts to the labor inspectorate.

If an employee refuses to provide an explanation, a report must be drawn up

The employee did not come to work on February 15 and 16, 2011. He did not provide the reason for his absence. Absences were recorded in acts and memos.
When he went to work, he refused to give an explanation, saying that “he doesn’t want to today, he’ll write tomorrow.” He did not provide documents justifying his absence from work. An act of refusal to give a written explanation was drawn up. The employee also refused to sign it, citing the fact that in principle he does not refuse, but only does not want to give written explanations today and will write them tomorrow. It was decided to fire the employee for absenteeism.
Did we do the right thing?

: Probably, the employee was playing for time in the hope that the one-month period for applying a disciplinary sanction from the date of discovery of the misconduct would expire and he would no longer be held accountable And Art. 193 Labor Code of the Russian Federation.

In general, you did the right thing, except that you should have drawn up a statement about the employee’s failure to provide explanations, and not about his refusal to give them. Remember that the employee always has 2 full working days when he can change his mind and provide you with an explanation for his absence I Art. 192 Labor Code of the Russian Federation. Therefore, it is better not to take risks, wait and draw up an act of failure to provide explanations.

In relation to a truant who wants to resign of his own free will, you need to act quickly

I.T. Gavrilova, Kazan

The employee did not show up for work and sent us a letter sent on the day of absence (March 21, 2011), in which she asked to be granted leave without pay from the specified date to April 1, 2011, and at the end of it to dismiss her on her own desire. The employee still hasn't returned to work. Is it possible to regard her absence as absenteeism and fire her not of her own free will, but specifically for absenteeism?

: As follows from your situation, the employee voluntarily went on vacation without pay, that is, she committed absenteeism, which means she can be fired for this b subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation; subp. “d” clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

However, in your case, the employee in her statement expressed her intention to resign of her own free will. Of course, this does not deprive you of the right to fire her for prog l clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. But this must be done within 2 weeks from the date of receipt of the said application from her. Otherwise, you will have to terminate the employment contract with her on her initiative. Moreover, it does not matter on what grounds the employee is dismissed.

What day to fire for absenteeism?

P.D. Tyuftyaeva, Tolyatti

The employee works on a rotating schedule. On March 25, 2011 he has a working day, then two days off. On March 28, he did not go to work without good reason. Do we understand correctly that since, according to the Labor Code, the day of termination of an employment contract is the last day of work, then the employee must be fired for absenteeism on March 25, 2011?

: No. It is incorrect to fire an employee on the day before the first day of absenteeism, that is, in your situation, March 25, 2011. Indeed, as a general rule, the day of termination of an employment contract is the employee’s last day of work. The exception is when he did not actually work, but he retained his place of work (position )Art. 84.1 Labor Code of the Russian Federation.

The employee, while the employer finds out the reasons for his absence and determines whether he had valid reasons or not, must retain his place of work. Agree, it looks strange when the date of requesting an explanation and the date of receiving it from the employee are later than the date of termination of the employment contract. After all, after dismissal, this person is no longer an employee and is not obliged to provide anything to the employer. At the same time, the employer cannot fire an employee before asking him for an explanation, etc. .Art. 193 Labor Code of the Russian Federation

In addition, a situation is possible when, after absenteeism, an employee returns to work and will work for some time while the employer determines whether he committed absenteeism, etc. Therefore, he cannot be fired on the day of absenteeism.

It is correct to dismiss an employee on the very day when an order is issued to dismiss him for absenteeism. But, as practice shows, even if you fire an employee on the last working day before absenteeism, nothing bad will happen. After all, this approach is based on the recommendations of Rostrud A Letter of Rostrud dated July 11, 2006 No. 1074-6-1.

Dismissal for absenteeism is a right, not an obligation of the employer

V.D. Rusanova, St. Petersburg

The employee did not return from vacation and did not make herself known in any way. Telegrams to her place of registration and place of actual residence remained unanswered. A month later, she finally showed up at work and wrote a letter of resignation of her own free will.
Should we fire her voluntarily or should she be fired specifically for absenteeism?

: You have the right to fire an employee for procrastination l subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. To do this, you need to follow the procedure for bringing to disciplinary liability And Art. 193 Labor Code of the Russian Federation. But you can meet her halfway - fire her at your own request. After all, bringing to disciplinary liability is a right, not an obligation of the employer.

You cannot fire an employee for absenteeism during illness.

L.T. Skvortsova, Volgograd

We recently hired a new employee. Unfortunately, she turned out to be a drinker (although she did not come to work drunk). On January 11, 2011, she stopped going to work. Doesn't answer calls. As expected, we document all of her absences from work and put “NN” on the report card.
On February 14, we received a statement from her by mail stating that she was on sick leave. However, we doubt that she really has sick leave, much less for this entire period. And management still intends to fire her for absenteeism.
What if the sick leave is confirmed? What to do in such a situation?

: In such a situation, an employee cannot be fired for absenteeism. After all, you have her written explanation that she is on sick leave.

So for now, continue to document all of her absences from work. But proceed from the assumption that she is still sick. If this is not confirmed later, then you can fire her for absenteeism.