Dismissal of a missing employee. Disciplinary action: written explanation from the employee

I.A. Kossov, Ph.D., Russian State University for the Humanities

legal recognition of the employee’s right to an explanation
procedure for notifying an employee about providing an explanation
documentation of explanation
act of failure to provide an explanation

The employer's obligation to request a written explanation from the employee in connection with the disciplinary offense committed is determined by law as an integral part of the procedure for bringing the employee to disciplinary liability.

Why does the legislator attach such importance to this document? First of all, an explanation is intended to help establish the truth. The content of the document reflects the employee’s view of what happened, his attitude to the offense and its consequences. If an employee pleads guilty to an offense, then in his explanation he has the opportunity not only to state the existing facts, but also to express, for example, his remorse for what he did, promise the employer not to repeat such offenses in the future, etc. At the same time, when the employee believes that he has not committed a disciplinary offense, he also has the opportunity to provide his own reasons in the explanation and provide the necessary evidence. It also happens that analysis of the content of the explanation helps the employer not only remove claims against the employee, but also determine the true offender. Thus, the employee’s explanation contributes to the employer’s objective assessment of the current situation, allows him to identify all the circumstances of the disciplinary offense and, if necessary, choose the right measure of disciplinary action against the employee.

The employer’s obligation, before applying a disciplinary sanction, to require a written explanation from the employee is established by part one of Art. 193 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). There, the legislator established the deadlines allotted to the employee for writing and submitting an explanation - two working days.

Based on the fact that the legislator allocates a strictly defined period for preparing an explanation, the employer must document the date when he invited the employee to provide an explanation. The legislator does not require the employer to perform such an action. However, such a document will be useful: firstly, the date indicated in it will become the starting point of the period allotted to the employee for preparing an explanation, and secondly, there will be documentary evidence that the employee was explained his right to an explanation.

An employee’s notification of the need to provide a written explanation is usually drawn up on a letterhead and signed by the representative of the employer who has the right to apply disciplinary sanctions (most often, the head of the organization, but in some cases this can also be done by another person to whom such powers have been delegated) .
It might look like this:
Letter form
Engineer III category
A.V. Avksentiev
About providing
written explanation

In connection with your improper performance of your job duties, which was expressed in your absence from the workplace on January 16, 2012 from 13.00 to 18.00, I ask you to provide until 18.00 on January 19, 2012 to the Directorate for Personnel Management (Plant Management, 3rd floor, room. 36) written explanation of this fact.

Director (signature) Yu.V. Mayorov

Received notification January 17, 2012
Engineer III category (signature) A.V. Avksentiev

The question arises, what to do if the employee refused to receive such a document? How can one then confirm that the requirement to provide an explanation was brought to his attention and how can one prove that it was from such and such a date that the two-day period allotted for providing an explanation began? The legislator does not give us an answer to this question. But, I think, in order to avoid legal problems in the future, the employer needs to take certain steps. For example, handing a notice to an employee not individually, but on a commission basis (for example, in the presence of his immediate superior and a representative of the trade union committee or one of the organization’s employees who are not interested in the outcome of the case, if the employee is not a member of a trade union or the employer does not have a trade union organization), having first read out the contents of the notice out loud to everyone present. If the employee refuses to receive the notice, it seems necessary to draw up an act, which will be signed by those present, thereby confirming the employer’s compliance with the provisions of part one of Art. 193 Labor Code of the Russian Federation.
Labor legislation does not directly regulate the form of document in which the explanation should be drawn up. This means that in this case it is necessary to apply the existing rules of office work.
Most often, the explanation is presented in the form explanatory note - a document explaining the reasons for any event, fact, action .
In order for the employer to receive a document useful in terms of content, it is important that in the explanatory note the employee sets out in detail all the circumstances of his actions or inaction and indicates:

whether he himself regards his behavior as illegal, i.e. his actions or inaction constituted a failure to perform or improper performance of labor duties, it is advisable for the employee to provide arguments confirming his own position;
does he admit his guilt?
What, in his opinion, was the reason(s) for his disciplinary offense?
What is his attitude to the offense committed and to the negative consequences that arose for the employer as a result?
does he have any opinion regarding his possible disciplinary action by his employer?

The explanatory note must contain the following details:
1) Name of the structural unit (indicate the name of the structural unit in which the author of the explanatory note works).
2) Document type ( explanatory letter).
3) Addressee. Since in accordance with part one of Art. 193 of the Labor Code of the Russian Federation, if an explanation is requested by the employer, then the addressee of the explanatory note must be the official who, by virtue of the charter or other document (for example, a power of attorney), is a representative of the employer who has the right to apply disciplinary sanctions. As a general rule, this is the head of the organization - director, general director, chairman of the board, etc. In the case of delegation of authority to a lower-level official (for example, the deputy head of an organization for human resources), the explanation is addressed to him.
4) Date (indicate the date of drawing up the explanatory note).

5) Title to the text (for example, About the reason for absence from work or About the reason for failure to comply with the order of the head of the Department).

6) Text. It is written in a calm and even style, without excessively bright emotional overtones (although a certain share of the employee’s emotions should still be present in it). The text should be concise, clear, simple in presentation and clear in its formulation. It is necessary to avoid artistic prettiness, pompous phrases and excessive journalisticism. . An important factor is the logical sequence of the text, so that the addressee of the note correctly and without problems understands what the author wanted to say.

7) Signature (drawn up indicating the position, personal signature and its decoding: initials and surname of the employee).
The explanatory note may look like this:

Sales Department to Director
Explanatory note by Yu.V. Mayorov
17.01.2012

January 16, 2012 during lunch break at 13:05. I went home for lunch. When I was already returning from home to work, I met a neighbor in the courtyard of the house, who said that his son had returned from the army, and invited me to his home to celebrate the meeting. I refused, explaining to him that I had to go to work. But in the end, the neighbor persuaded me to come in for 10 minutes, and we went to his apartment. However, our celebration dragged on. I decided not to return to work because I was drunk. I deliberately didn’t call work, thinking that the call would immediately reveal my absence, and otherwise it might not be noticed.

I am fully aware of my guilt and assure you that such violations will never happen again. However, please take into account that my absence from work did not entail any negative consequences for our management.

Please also take into account that over the past year I was twice encouraged for high performance in work - in May I was awarded a Certificate of Honor, and in December, based on the results of my work for the year, I was given a cash bonus.

EngineerIII category (signature) A.V. Avksentiev

If, after the expiration of the allotted period, the employee does not provide an explanation, then in accordance with part one of Art. 193 of the Labor Code of the Russian Federation, the employer is obliged to draw up an appropriate Act.

Labor legislation does not determine which official of the organization draws up the act and within what time frame, and whether it is necessary to familiarize the employee with it. This is determined at the local level, taking into account existing office rules.

An act is a document drawn up by a group of persons; it confirms the facts or events established by them. Therefore, it is necessary that such an act be drawn up collectively. It is advisable to involve in the procedure of its preparation the same persons who were present when notifying the employee of the need to provide an explanation, since they are aware of the fact of notifying the employee and the established deadline. But at the same time, it is necessary to explain to those present that in the event of a labor dispute, they may be summoned to the jurisdictional authorities to provide explanations on issues related to this act.
The act is drawn up according to the traditional scheme for acts and may look like this:

General form
ACT

20.11.2012

On the employee’s failure to provide a written explanation in connection with the commission of a disciplinary offense

By me, the head of the HR Department M.A. Uralova, in the presence of the head of Department No. 13 A.M. Alekseev and category II economist of Department No. 10 Yu.I. Zaykova has drawn up this act on the following:

01/17/2012 to engineer of Department No. 13 P.P. Korovin in accordance with part one of Art. 193 of the Labor Code of the Russian Federation was asked to provide a written explanation by January 19, 2012 in connection with the commission of a disciplinary offense, which was expressed in absence from the workplace for five hours in a row. Within the prescribed period, a written explanation by P.P. Korovin was not provided. He told those present that he had allegedly already spoken to his colleagues once about the reasons for his absence and was not going to write anything else.

This act has been drawn up in two copies: the first copy – to the Personnel Department; second copy – P.P. Korovin.

(signature) M.A. Uralova
(signature) A.M. Alekseev
(signature) Yu.I. Zaikova

A copy of the act was received by:
(signature) P.P. Korovin

The legislator does not provide for familiarization with the act of the employee himself. But despite this, the employer should still make such an attempt. And first of all, it is recommended to do this in order to avoid any kind of misunderstandings, to keep the employee informed in as much detail as possible about the proceedings regarding the disciplinary offense charged to him. And drawing up such an act is one of the stages of this proceeding, and the employee must know about it.
However, if the employee, although he missed the deadline, nevertheless provided the employer with a written explanation, what should the employer do? Should he necessarily take it into account, or is such an explanation not a legally significant document? The legislator does not give a direct answer to this question. But based on the analysis of the content of the first part of Art. 193 of the Labor Code of the Russian Federation, the following can be assumed. If the employee claims that the missed deadline was due to a valid reason, then, of course, an appropriate check must be carried out. If the valid reason for absence is confirmed, the written explanation must be accepted by the employer as if it had been provided without missing a deadline. When the missed deadline is not due to a valid reason, the employer has the right not to accept the explanation. At the same time, in order to avoid possible negative legal consequences in the future, the employer is still recommended to familiarize himself with the contents of the document, since it may contain important information for him that will contribute, for example, to the correct choice of disciplinary action or deciding whether it is necessary to involve this employee to disciplinary liability in general.

It is important to pay attention to the fact that the employee’s failure to provide an explanation, even if expressed in a categorical refusal, should not be regarded as a new disciplinary offense. After all, an explanation is considered by the legislator not as an obligation of the employee, but exclusively as his right. Refusal to exercise the right does not entail the application of legal liability measures. But the legislator also established certain guarantees for the employer in the event of an employee’s refusal to exercise his right to an explanation. By virtue of part two of Art. 193 of the Labor Code of the Russian Federation, the absence of this document from the employer, confirmed by the relevant act, will not be an obstacle to applying a disciplinary sanction to the employee.

Kuznetsova T.V. Personnel records management (traditional and automated technologies): a textbook for universities. - M.: MPEI Publishing House, 2011. P. 172.

Shugrina E.S. Legal writing technique. - M.: Publishing house "Delo", 2000. P. 50.

Bykova T.A., Vyalova L.M., Sankina L.V. Office work: Textbook. - 3rd ed. rev. and additional / Under general ed. prof. T.V. Kuznetsova. - M.: Infra-M, 2012. P. 165.

Right there. P.165-167.

Dear Colleagues! The general director ordered the dismissal of all absentees tomorrow. I sent them a notice once to report to work. There was no answer. What should I do?

Answer

Answer to the question:

Absenteeism is the absence of an employee without good reason:

Absenteeism is a gross violation of labor duties, for which an employee can be fired under paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.

The following situations are considered absenteeism:

It is not considered truancy to use rest days if the employer refused to provide them, although he was obligated to do so. For example, .

Documentary confirmation

What documents can confirm the fact of absenteeism?

The fact of absenteeism must be documented. The legislation does not establish a fixed list of documents that must be completed when absenteeism. In this regard, you can:

more than four consecutive hours during a work day or shift. Moreover, the lunch break is during these four hours.
Therefore, if you sent a written request to employees to provide written explanations by registered mail with return receipt requested, and notifications were returned to you that the employees had received these letters, or the letters were returned unclaimed, you must wait two business days from the date the letter was delivered or the unclaimed letter was returned, and draw up acts on workers’ refusal to give explanations.

Attention:

Therefore, if the letters were simple, or notices or unclaimed letters have not yet been returned to you, it is unlawful to file a dismissal for absenteeism. Explain to the manager that if the dismissal procedure for absenteeism is violated, employees will be reinstated at work, and the employer will have to pay them for forced absenteeism and compensate for moral damages (if the employees make such a claim in court).

When all the evidence of the employee’s absenteeism has been collected, complete it. Within three working days after approval of the order, the employee must be familiarized with it against signature. If the employee refuses to do this, draw up a statement of refusal (in any form).

Details in the materials of the Personnel System:

1. Answer: How to file a dismissal for absenteeism

Truancy concept

What is truancy

Absenteeism is the absence of an employee without a valid reason:*
- throughout the entire working day or shift, regardless of duration;
- more than four consecutive hours during a work day or shift. Moreover, the lunch break is during these four hours.
- the employee did not warn the employer in advance about the early termination of the contract and (, Labor Code of the Russian Federation);
- the employee used without permission;
- employee without permission ().

It is these documents that most often serve as evidence of truancy, and it is they that are accepted by the courts when a controversial situation arises. See, for example,.

Attention: Before making a final decision on dismissal for absenteeism, make sure that there is no

Time sheet

How to record an employee's absence on a time sheet

Record the fact of the employee’s absence from work in the working time sheet by putting a corresponding mark in the document.

In commercial organizations

If the reason for the employee’s absence from the workplace is not known, use the form or enter the letter code “NN” in the time sheet. If in the future the employee submits documents confirming illness, or the fact of absenteeism is recognized, the report card must be clarified. In it, correct the letter code “NN” to code “B” - temporary disability (illness) or “PR” - absenteeism (absence from work without good reason). Symbols of appearances and absences are given on the title side of the report card as approved.

If an organization uses a time sheet, then it has the right to indicate those letter codes that are approved and correspond to absence, temporary disability and absenteeism of the employee.

Certificate of absence of an employee from the workplace

How to draw up an employee’s absence report from the workplace

Draw up a report on the employee’s absence from the workplace signed by two or more witnesses. It is recommended to draw up such acts for each day the employee is absent. However, if the absence is long, then draw up reports.

If the absent employee has a direct supervisor, he can instead or additionally write a memo addressed to the head of the organization. In it, he must report that the subordinate did not show up for work, and list the measures that were taken to find him: home phone calls, office checks, etc. The act and memo must be precise, that is, in hours and minutes , indicate the time the employee is absent for.

Notification letter to employee

What to do if an employee does not show up for work for a long time

If the employee is absent from the workplace for a long time, send it to his home address. In the notice, ask him to report to work and explain the reasons for his absence. The letter must be registered with return receipt requested. It must be completed on the organization’s letterhead. In the letter, indicate a reasonable time within which the employee will have to respond, for example, two weeks. After the email notification is returned, you need to wait for a response. If the response does not arrive within the specified period, and the employee does not appear, draw up a statement of lack of explanation signed by two or more witnesses.

It should be noted that if, for reasons beyond the control of the employer, the employee does not receive the specified notification letter and, accordingly, does not provide the employer with an explanation of the reasons for his absence, then this will not be an obstacle to his absence. Since failure to appear at the post office to receive a notification letter and its return to the employer due to the expiration of the storage period may be regarded as an abuse of right on the part of the employee and his refusal due to a misconduct. At the same time, failure to provide explanations by the offending employee is not an obstacle to application to him, including in the form of dismissal (). The legitimacy of this position is also confirmed by the courts, see, for example,.

Documentation of dismissal for absenteeism

What documents need to be completed when dismissing an employee for absenteeism?

Dismissal for absenteeism and absence is also a measure. Therefore, it must be carried out according to the rules of the Labor Code of the Russian Federation. That is, as soon as the employee appears at work, it is necessary to request his absence. It is necessary to establish whether these reasons are valid or disrespectful. If after two working days the employee has not given an explanation, draw up a report about this in the presence of two or more witnesses. This procedure is provided for in parts and Article 193 of the Labor Code of the Russian Federation and is explained in.

Attention: if the employer did not request dismissal for absenteeism before dismissal, then the disciplinary sanction may be considered illegal (). The courts also point to this, see appellate rulings.

When all evidence of employee absenteeism has been collected, file it according to the unified, approved, or according to.

Within three working days after approval of the order, the employee must be familiarized with it against signature. If the employee refuses to do this, draw up a statement of refusal (in any form). This is stated in Article 193 of the Labor Code of the Russian Federation and.

After issuing the order, make an entry about the dismissal in the employee’s work book: “Dismissed due to absenteeism, subparagraph “a” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.” Shut down the employee. Remember that dismissal must be carried out no later than one month from the date of discovery of absenteeism (excluding the time of absence of the employee) ().

date of dismissal

Question from practice: What is the date to fire an employee for absenteeism?

The day of termination of the employment contract is the last day of work of the employee, with the exception of cases when he did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal laws, his place of work and position were retained ().

The employee's place of work and position must be retained until the employer finds out the reasons for his absence. This is due to the fact that the date of receipt from the employee of an explanation necessary to ensure the legality of dismissal for absenteeism cannot be later than the date of termination of the employment contract, and the employee is given two working days to prepare an explanation after the employer makes the corresponding demand. Therefore, the employer has no reason to dismiss an employee either on the day of absenteeism or on the day preceding the day of absenteeism. The employee should be fired on the day when all supporting documents have been collected and there are sufficient grounds for making a decision about absenteeism and issuing a dismissal order. In this case, the employee can be either present or absent from the workplace.

If an employee returns to work after an absence, then it is necessary to request an explanation from him, to provide which. for these two days the employer does not have (). While the investigation is underway, the employee is generally obliged to continue working and receive a salary for it. The actual turnout is indicated.

If an employee never shows up for work, then “NN” will be entered on the report card for the entire period of absence. When finding out the necessary information sufficient to formalize dismissal for absenteeism, these marks in the report card are specified for absenteeism and issued from the current date.

This approach also eliminates contradictions in reporting documents, because during clarification, especially in the case of a long absence, the employee continues to be registered in the organization, he is reflected in the report card, and taken into account in reports submitted to the tax office and the Pension Fund of the Russian Federation.

Thus, an employee should be fired for absenteeism only after confirmation of the facts of absenteeism and properly executed documents by the current date.

Attention : Rostrud specialists expressed a position on the possibility of dismissing an employee for absenteeism on the last working day before absenteeism. Due to the age of the letter and the private nature of the clarification, since there is no information on what specific question such an answer was given, it is not recommended to use this clarification. For additional arguments against dismissal on a date earlier than the offense itself was committed and sufficient evidence of absenteeism was received, see the material:.

An example of determining the date of dismissal for absenteeism

Ivanov worked his shift on July 5 and never went to work again. On July 8, a HR specialist sent a notification by registered mail asking him to come to work and give an explanation. The letter was returned. On July 20, another letter of request was sent to the employee, which was also returned to the employer.

On August 15, the employer sent an official request to search and locate the employee to law enforcement agencies. On September 2, an official response came from the authorities stating that the citizen was in good health at his place of registration. On September 4, the HR department specialist sent another notification by courier to the employee asking him to come to work and give an explanation. The courier delivered the message, and the employee confirmed receipt of the message with his signature.

After two working days, the employee did not show up at work and did not provide any explanations, including written ones.

Taking into account the data received and the information collected, on September 8, the employer decided to dismiss the employee for absenteeism and signed a dismissal order dated September 8 with the employee’s dismissal date also on September 8.

On September 8, the accountant made the final calculation and transferred the accrued salary to the employee’s bank card. On the same day, the HR department specialist recorded the dismissal in the work book and sent the employee a notice of the fact of dismissal and the need to come for the work book or agree to have it sent by mail.

Responsibility for violation of the dismissal procedure

What is the liability for violating the dismissal procedure?

For violation of the dismissal procedure for absenteeism, the court may decide to reinstate the employee at work (). This can happen even if the absence from work was due to an unexcused reason.

In this case, the organization must pay the reinstated employee the time of forced absence in the amount of average earnings (). Calculate it not from the first day of absence from work, but from the day the dismissal order is issued. Only from this time absenteeism is forced ().). An entry was made in the employee’s work book: “Dismissed due to absenteeism, subparagraph “a” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.”

For information on what to do if an employee does not show up for work for a long time and his whereabouts are unknown, see.

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Tatyana Kozlova,

HR System expert

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Absenteeism is the absence of an employee from his or her workplace for more than 4 hours in one work day or shift. Failure to appear for a full working period or several such periods is also considered such. As a rule, the management of an organization decides to fire an official for absenteeism.
When dismissing for absence from work, compliance with the procedure established by law is of fundamental importance. One of the guarantees of protecting employees from the arbitrariness of management is the procedure for informing about such a fact.

Procedure for issuing notice of dismissal due to absenteeism

This procedure for absenteeism is directly provided for by law. In general, the employer is obliged to notify its employees of all decisions. Therefore, this general rule also applies to dismissal for absenteeism.
However, the legislation provides for this obligation itself, but not the procedure. The immediate notification procedure is regulated by internal regulations and by-laws. In this case, the employer must correctly issue the notification to the employee. There are several ways to inform an employee about the decision to dismiss him:

If it is possible to familiarize the employee with the order to terminate the employment relationship, this should be done. That is, the employee gets acquainted with the order and signs it. Then, at his request, he may be given a separate copy of the order. This option is common and simple for the employer. After all, there is no need to take additional measures;
If for some reason there is no contact with the employee, this does not relieve the obligation to notify the employee of suspension for absenteeism. In this case, it is necessary to issue a separate document, which will be called a notification. This document is sent by mail to the person’s place of residence. The letter indicates the date of the dismissal order and the basis for such a decision by the manager.

It is necessary to indicate that sending the document is a mandatory action. Without taking proper measures to inform the employee about his dismissal, the order will not be effective and its legal consequences will not occur.

Notice of familiarization with the order of dismissal for absenteeism

The notice is intended to protect the interests and rights of employees. It is drawn up in a special form and must contain several mandatory provisions:

Should be indicated on the basis of termination of employment with the employee. At the same time, the document should reflect the specific article of the Labor Code of the Russian Federation on the basis of which the relationship with the employee was terminated;
It is necessary to briefly reflect the circumstances due to which the employee was dismissed. For example, indicate the period of time during which he did not show up for work;
Another circumstance is the clarification of the right to appeal the employer’s order. This is a mandatory requirement. Without clarification of the possibility and procedure for appealing, the employee’s rights will be considered grossly violated. Such a violation will provide an opportunity to reasonably challenge the notice and claim that the employee was not informed of the dismissal. And this can jeopardize the order to terminate the employment relationship.

Union notification of dismissal for absenteeism

The trade union organization exists to protect the rights and interests of personnel. For this reason, if this organization exists, management should notify it of the termination of the employment relationship. This is mandatory because the trade union can advocate for the employee’s interests and take steps to challenge the employer’s decision.

Sample notice of dismissal for absenteeism

This document must contain all established details. The table of contents should include the full name of the company.
In addition, the document must be signed and dated. If such a message will be sent to the employee by mail, only registered notices must be used. In this case, the letter will be guaranteed to be delivered to the addressee. If it is not possible to deliver it to the employee and the message remains unclaimed, a special note will be made about this. But the employer will know that he has complied with the procedure established by law.

Sample notice of dismissal for absenteeism during probationary period

During the probationary period, the employee is obliged to fulfill all the requirements of the employer, including the work schedule. Consequently, if an employee is absent, he or she may be subject to disciplinary action and fired. In this case, an order and a message about this are drawn up.
The procedure for informing an employee about the termination of an employment relationship with him is the same as for all other employees.

Dismissal of an employee for absenteeism is a disciplinary measure. Therefore, when using it, it is necessary to adhere to the procedure for applying disciplinary sanctions established by Article 193 of the Labor Code. It obliges the employer, before applying a disciplinary sanction, to request from the employee a written explanation of the reasons for the offense committed.

It is very important to comply with all formalities: dismissal for absenteeism is a serious conflict with the employee; it is possible that he will complain to the court or the labor inspectorate. But officials and judges tend to take the employee’s side. Therefore, the employer cannot be given a reason to accuse him of violating the dismissal procedure.

If the employee does not provide an explanation within two working days, a report about this is drawn up (Part 1 of Article 193 of the Labor Code of the Russian Federation).

In what form is it compiled?

Notification of the need to report to work to provide an explanation for absence from work is provided in writing. It is signed by the head of the company, and then the notification is sent to the employee. If he never shows up at the office, the notice is sent by registered mail to his home address. In a particularly difficult case, it is worth doing this several times - this way the company will be able to prove that it took all measures to find out the reason for the employee’s absence from work.

What must be in the document

In the notice of the need to report to work to provide explanations for a long absence from the workplace, you must indicate:

The basis for sending the notification (the employee’s absence from the workplace);

What should the employee do (appear at the company’s HR department to give an explanation).

The employee can put his signature on receipt on the second copy of the notice, which remains with the employer. If the notice is sent by registered mail, the date of mailing will be confirmed by the receipt.

Society
with limited liability
"Company"

Notification

16 o'clock 00 min. Moscow

On the need to report to work to provide explanations for long-term absence from work

Zuev Leonid Igorevich

125480, g . Moscow, st. Geroev-Panfilovtsev, 54, bldg. 3, apt. 352

Dear Leonid Igorevich!

In view of the fact that you were absent from the workplace on February 20, 2012 from 9.00 to 15.00 and we do not have information about the reasons for such absence, we ask you to report to the HR department of LLC "Company" at the address within two working days from the date of delivery of this notice: 127138, Moscow, st. Basmannaya, 25, office. No. 3 (HR department) and provide an explanation of the reasons for your absence in writing.

Otherwise, the administration of LLC "Company" reserves the right (in accordance with Article 193 of the Labor Code of the Russian Federation) to draw up an act of failure to provide explanations and begin processing documents for terminating the employment contract on the basis of subclause. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation (for absenteeism).

26.02.2018, 22:05

The employee is absent from work for an extended period of time. How to write a notice to report to work? How to give it to the employee? We will answer these and other questions in the article.

What do you mean by truancy?

In practice, it happens that employees do not come to work or leave the workplace without permission. If there are no valid reasons for absence from the workplace, then this is considered absenteeism (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation). So, for example, absenteeism is absence from work:

throughout the entire working day (shift), regardless of its duration;
more than four consecutive hours during a work day or shift.

Absenteeism is a gross violation of labor discipline, which is punishable by dismissal. Moreover, you can fire an employee even for a single fact of absenteeism (“”). An exception to this rule is absenteeism during pregnancy. A pregnant woman cannot be fired on this basis under any circumstances (“”).

Let us remind you that the following situations are considered absenteeism:
the employee went on vacation without permission or used his available days off without permission from the employer;
the employee did not warn the employer about his voluntary dismissal.

Employee does not go to work

It happens that an employee is absent from work for a long time without explanation. In such a situation, you need to send a notice to the employee about the need to appear to provide explanations. How to send a notification correctly? After all, if you do not comply with current legislation, the document will not be considered sent to the employee.

It turns out that the personnel officer who compiled the document is faced with the question of what letter to send the notification of the need to report to work?

Let us say right away that the notification of the need to appear to give explanations must be sent to the employee’s home address by a valuable letter with a list of the contents and a receipt. The text of the letter should ask the employee to come to work and explain the reason for his absence from the workplace or send written explanations to the employer within the deadline proposed to the employee.

Failure by an employee to receive notice of the need to come to work to provide explanations cannot be an obstacle to dismissing an employee for absenteeism. The main thing is to give the employee time to respond in writing. If after this period a written response is not received or the employee does not show up for work, a statement of lack of explanation should be drawn up signed by two or more witnesses. The next stage will be the dismissal of an employee for absenteeism (Part 2 of Article 193 of the Labor Code of the Russian Federation, appeal ruling of the Ulyanovsk Regional Court dated July 15, 2014 No. 33-2339/2014).

It is clear that the current legislation does not establish a single form for notification of the need to report to work. A sample notification letter prepared by our specialists will help HR specialists save time on developing their own form.