Hello! This article talks about the reasons for absenteeism.

Today you will learn:

Disrespectful and valid circumstances of absence from work;
about absence from production;
What penalties apply for unlawful absenteeism and is it possible to impose a penalty for failure to appear for a good reason.

Truancy concept

In simple terms, absenteeism - this is the absence of a person in his place labor activity for some time, with or without reason. According to the Labor Code of the Russian Federation, the term absenteeism is defined as absence from work for more than 4 hours for an unexcused reason and less than 4 hours for a valid reason.

According to this terminology, absence from work can be divided into two types:

Without a reason, which may later result in dismissal. But in some cases, management may take other measures to punish their worker.
For any reason, that is, absence is justified.

According to labor law, an employee can seek help from the court if the employer neglected a valid reason and decided to resort to.

For how long did the absence occur, that is working hours or time reserved for rest;
How long does the absence last?
How many times during a shift or during a working day a person was absent from performing a production task.

In practice, absenteeism at work is bad, but before you are fired, you need to know the basic concepts of labor law.

Absenteeism is classified as a violation production process, which may result in losses and damage to the organization.

Unexcused reasons for absenteeism

The concept of a disrespectful reason is not defined by the Labor Code of the Russian Federation. It follows from this that the employer himself has the right to assess the legality and importance of absenteeism or absence from work for some time.

The absence of a list of unexcused reasons does not give the employer the right to regard each absence as unauthorized absence. He must approach this definition with full responsibility, otherwise the precedent will be considered in court.

As a rule, the court proceeds from the legal and disciplinary liability, that is, all proportionality and legality of the case are taken into account. In this case, the entire galaxy of reasons and motives for the employee’s absence from his place is subject to verification. And if a valid reason for absenteeism is identified, the employer will be punished in this case.

When identifying factors that precede an employee’s failure to appear, the employer must apply a punishment commensurate with the employee’s misconduct, and also take into account previously identified disciplinary measures.

What is a valid reason for absenteeism?

There come times when you cannot be present at your workplace. And in some cases, you don’t try to warn your boss about this. This may cause disagreements between you and management. Therefore, it is better to worry about this in advance and notify about deliberate absence.
What could be the reasons for such a no-show:

Circumstance of non-appearance	Characteristic
	Reasons why it is impossible to get to work. It could be a strong storm, which could result in traffic congestion or a blizzard. Severe frosts are also an obstacle to coming to workplace. As a result, traffic jams and poor visibility occur. For such reasons, you do not have the right to fire if this is stated in advance in the explanatory note.
Late return from vacation	An employee may not return from vacation on time if this is accompanied by weather conditions. The boss must consider such a reason as valid.
Administrative arrest	If an employee is arrested or detained as a witness or accused, this is not a reason for recording absenteeism on the work time sheet.
Public transport malfunction	If you have to travel to work by public transport, but a breakdown occurred during the journey, then this is regarded as a valid reason
Leaving work	To care for a sick member of your family, to undergo medical examination or taking tests. In this case, you need to support your care with a certificate from a doctor or a certificate of incapacity for work.
There was an accident at your house	If a plumber or other specialist comes to you to eliminate an accident and your presence is required. But in this case, if you yourself called such an employee to stay at home, then this is not a valid reason
Road accidents while traveling to work	These may be accidents while traveling on own car or public transport
Self-exclusion for health reasons	If things get bad at the workplace, the employee can go to the doctor, evidence of which is the discharge or outpatient card with records of doctor's visits, as well as referral to a doctor
Late payment wages more than 15 days	A long delay in salary may be the reason for non-attendance at the workplace, but it must be documented in writing, which is regulated by Art. 142 TK
	If at the end of the training session the employee for some reason was unable to show up for work on time, but an explanation will follow, then this good reasons

In any case, you must inform the director in advance of the reason for your late arrival to work. This can be put in writing upon arrival at work, calling mobile phone boss or any other managerial specialist.

According to the above circumstances of absence from work, it can be argued that some of them are beyond the control of the employee and may occur unexpectedly. But still, each of them must be considered independently, taking into account all the nuances of its occurrence.

Another group of factors confirming excused absence during a work shift are force majeure circumstances:

Malfunction of the building elevator.
Flood, fire, robbery.
The sudden onset of an epidemic in the employee’s area of residence and the need for quarantine.
Delays of regular transport during vacations, business trips and travel to work.
If there are no tickets for the next flight.

Such obstacles to getting a job must be supported by a written explanatory statement indicating the reason. If there is other evidence of the occurrence of a force majeure situation, then they should be attached to it.

There are times when the occurrence of a circumstance is known in advance:

Severe illness of a relative that ends in death;
A relative has a child;
Birthday party;
Going to a wedding.

Usually such reasons are known, so it will not be difficult to write an explanatory note before the actual reason for failure to appear occurs. As a rule, such reasons for absence are also accompanied by several unpaid days off, which do not exceed 5 days, as prescribed in Labor Code Art. 128.

Additional days off that occurred with the permission of the manager do not equate to absenteeism.

Registration of an explanatory note

Not every employee knows how to correctly draw up an explanatory note and how to indicate in it the reason for absence from work. It is the correctly formulated reason that is the legal basis for your absence and will protect you from unlawful dismissal.

A written explanation for failure to appear is a document drawn up by the truant in his own hand in any form, but maintaining a business style.

Document writing scheme:

In the upper part, right corner, write the full or abbreviated name of the organization, the full name of the manager, to whom the employee addresses with explanations.
The title of the document is indicated in the center of the sheet. In many organizations, this is an explanatory note about absence from work.
Below is a description of the circumstances of absence from work, which is presented arbitrarily.
Below is the autograph of the truant and the date of compilation.
It is necessary to list the documents confirming the fact of absence, if any, and attach them to the note.

All attributes of the note must be written correctly, without distorting the facts. There must be a business style of writing. All facts and reasons are presented directly, without emotional cues.

There are moments that have a dual nature and can be regarded by the employee on the one hand, and by the employer on the other. For example, if an employee was absent from the workplace for more than 4 hours, but was present in another workshop of the enterprise, this is not absenteeism. If the time away from production was exactly 4 hours and not a minute more, this is not absenteeism. If, for some reason, an employee was unable to notify the boss of a valid reason, but there is documentary evidence of this, this is not absenteeism.

The occurrence of such moments should be fully reflected in the note. After drawing up the explanatory note, it must be endorsed in the incoming correspondence journal by the secretary and submitted to the manager for signing.

The deadline for drawing up the document has been established, which is two days from the moment of absenteeism.

Punishment for absenteeism without a good reason

If an employee actually has an unexcused reason for absence, then the employer has the right to hold him accountable, in some cases this ends in dismissal.

Absenteeism is a reason for terminating the labor relationship between an employee and his boss, which will ultimately lead to termination.

On the fact of illegal absence from work, a report is drawn up. It can be written by the manager structural unit, under whose subordination is the truant.

Such an act must be drawn up at the time of absence and contain:

Date of compilation.
Full name and position of the person preparing the document.
Reason for compilation.
Full name of the employee who was absent from work.
Length of absence.
Signature of the director of the company.

If possible, a written explanation must be taken from the absentee employee indicating the reasons for his absence. If it turns out that the absence is illegal, the director writes an order for disciplinary punishment and then dismissal.

An order is drawn up according to, which contains all the necessary points of a regular order, with the exception of a description of the essence of the order. It specifies the reason for dismissal. The dismissed employee must be familiar with the order for absenteeism and can appeal it to the local labor authorities.

Another measure may be a reprimand for absenteeism. This is at the discretion of management. The mildest measure is an oral reprimand from the boss. However, sometimes it is in writing, after which a reprimand order is issued.

At some enterprises, a series of several reprimands ends in dismissal. The reprimand has its own validity period, and it is equal to 12 months, after which it is removed from the employee. This may come earlier, but it all depends on the will of the director. A person who has committed truancy is informed of the order within three days.

Is it legal to punish absenteeism for a good reason?

If a person does not show up at work for any reason and does not answer the phone, then this is not a reason to consider his absence as absenteeism, until all the circumstances are clarified. Punishment is imposed if the reasons are classified as disrespectful.

According to the Labor Code, the employee is not obliged to report to his superiors in advance about forced absence, but after which he must give a written explanation. If, after the next appearance at work, it turns out that the circumstances are of an important nature and are due to failure to appear, then the boss should not subject his subordinate to disciplinary measures. Otherwise, this may be appealed in court.

Production is continuous and obtaining overall positive indicators requires constant work. Many factors can interfere with internal processes, some of which cannot be predicted or planned. But what to do if everything is disrupted due to a person’s absence from his workplace.

Absenteeism has a negative impact on the activities of the enterprise, and therefore is considered one of the most serious violations and entails serious penalties.

Absenteeism under the Labor Code can lead not only to dismissal, but also to other, less radical penalties. The employer is obliged in every specific situation determine the degree of guilt and impose disciplinary punishment. Let's figure out how to correctly document the fact of absenteeism, and what penalties to apply in each specific case.

Entering labor relations, the parties assume a number of obligations. The employer must provide the employee with conditions to perform his duties and pay his work on time. And the employee must efficiently and fully carry out the work that he has undertaken.

In addition to the quality of work, compliance with discipline is an important factor. When a hired person gets a job in an organization, he submits to general conditions labor in it. Familiarization with the work schedule and internal regulations is carried out on the first day against signature. After this, the worker is obliged to strictly follow the established rules. One of the most important points for labor relations is the timeliness of the beginning and end of working hours.

Knowing his personal work schedule, the employee is obliged to come to the workplace, strictly following it. You can be absent during working hours only if there are valid reasons:

Leave has been issued.
Sick leave is open.
A person is sent on a business trip.

Absences for unexcused reasons are considered absenteeism.

Duration

Absenteeism is defined as being late for work for more than four hours. In fact, if a person is late for less time, then the employer cannot charge him with absenteeism, and therefore does not have the right to use punishments corresponding to this offense.

Claiming absenteeism when failing to show up at the workplace or leaving it earlier than the established time is possible only if the employee has not justified his absence in any way. The Labor Code does not establish that an employee must mandatory notify the employer of your absence in case of illness, for example. Of course, labor cooperation implies that the employee must notify his employer about the current force majeure circumstances that violate mutual plans. In fact, even if a person did not report the reason, but when going to work he was able to document his absence, then this is not considered absenteeism.

Possible reasons

The legislation does not establish a list of reasons that cause unauthorized absence from work and are considered absenteeism.

In general, it is not needed, because skipping work is illegal, and it does not matter what exactly caused it this fact. But in order to avoid getting into trouble and not being a truant simply out of ignorance, it is better to understand what reasons may lead to disciplinary action, including dismissal.

Absenteeism is considered absence from work for the following reasons:

Being late for more than four hours in a row.
Leaving the workplace without written notice of dismissal.
Unauthorized taking of a vacation period.
Reluctance to perform duties after transfer.
Refusal to work as a response to violations by the employer.

Each action must be warned by a written statement from the hired person; only then can failure to appear be taken into account as protection of one’s rights, and not as absenteeism.

Ways to record absenteeism

An incident is recorded in several steps, but the first and most important of them is confirmation of the fact of absenteeism. It can be confirmed by a report from the immediate superior, which sets out the circumstances. Printouts from the checkpoint indicating the absence of a mark indicating the passage of the turnstile, video recordings and other documents may also be attached. Absenteeism can be recorded only after four hours have passed and the employee has not arrived or reported himself in any way.

After the absence itself is confirmed, the organization’s management is obliged to create a commission that will confirm the absence in writing. An act is drawn up at the truant’s workplace. The act indicates the date and hours of the established absence. The form is signed by members of the commission, who can confirm that the person was not at the place of work at the specified hours.

Consequences for the employee

The absence of compelling reasons for absenteeism necessarily leads to the truant being subject to disciplinary action.

Punishments for truancy may vary. Only the head of the organization decides what to do in a particular case. There are several types of penalties:

Comment. It does not entail any consequences, it is, as it were, a warning and may lead to more stringent measures if a violation is detected again.
Rebuke. This is a written penalty, which is recorded on paper and is valid for 12 months. If the violation is not repeated within a year, then the penalty can be considered extinguished, and if there is a repeated failure to appear, then the contract is automatically terminated.
Depreciation. The truant may have his premiums temporarily withdrawn or not be paid a bonus.
Dismissal. An extreme measure, but completely legal, which is established in Article 81 of the Labor Code of the Russian Federation. Long absence is considered a serious offense and in most cases ends with dismissal under the article.

Only one penalty from the list above can be applied at a time. It must correspond to the offense and be individually selected.

If the truant does not agree with the punishment, he has the right to challenge the employer’s actions in court.

Employer's procedure

The entire registration procedure falls on the shoulders of the organization’s management. In these cases, several leading specialists usually act together at once - a lawyer, the head of the personnel department and the director himself. The procedure must be carefully verified with the existing legislative framework.

Step-by-step instructions for correct design unauthorized absence from work requires the following actions:

Record the fact of absence. For this purpose, a written act is drawn up.
To look for a truant, you can call him on the phone, go to his home, etc.
Take an explanation for his absence.
Announce a penalty.
Provide information about the applicable punishment in the documents.

Each item is performed after the previous steps are completed. It is impossible to punish immediately without establishing the reasons.

Request for written explanation

The explanatory document is the basis for future collection. After all, the measure that will be applied to the employee as a result of the clarification will depend on its content. The employee is not obliged to write an explanatory note if he does not consider it appropriate or necessary, but it is in his interests to interpret his actions.

The document is written in any form addressed to the director of the organization, indicating the personal data of the absentee on whose behalf it is being drawn up. The main thing in this paper is not the form, but the content. In his own words, the employee explains why he did not go to work at the appointed time. And although this document assumes a laconic statement of facts, it often contains rather emotional statements. If there is any evidence and evidence, it should be collected and attached.

If an employee refuses to give written explanations for his actions, this does not mean that further procedure is impossible. A second act is drawn up about the truant’s refusal to give an explanation and you can proceed directly to the punishment.

Disciplinary action

All disciplinary sanctions, except reprimands, are reflected in the employee’s documents. Before reflecting the decision made in the employee’s personal file or in other personal documents, an order should be issued. The director's order is the logical conclusion of the absenteeism recorded in the act. It must specify what exactly was established during the inspection and the imposition of what penalty would be appropriate in this case.

It is extremely important to comply with the statutory deadlines for applying official penalties. The measure of responsibility for absenteeism should be established within a month from the moment the offense itself was recorded. These 30 days do not include the time the absentee was on vacation or sick leave. The established punishment should be applied no later than six months from the date of the truancy. If the case went to court, then the time of litigation is not included in these six months.

Missed deadlines will only indicate that the employer, for some reason, did not want to apply punitive measures, and, therefore, had no claims against the employee.

Termination of an employment contract

Unexplained circumstances of absenteeism, falsification of supporting documents, or long absences will definitely lead to the employee’s dismissal. Sometimes a person can simply disappear for a long time and not give any news about himself, meanwhile the organization is obliged to somehow end relations with him. In some cases, employers do not know how many days they must wait before starting the dismissal procedure itself. None minimum terms not here. If the management of the organization is confident in absenteeism already in the fifth hour of no-show, then the process should be launched. Sometimes the fact of absenteeism is established later, for example, when a false ballot is submitted.

The contract can be terminated only after evidence of the unjustified absence has been collected. The more thoroughly the employer prepares, the lower the risk of groundlessness decision taken and the possibility of claims from an unlawfully injured employee.

Who is not subject to dismissal?

Not all truants can be brought to the extreme degree of responsibility and relations with them can be terminated.

Groups protected from dismissal include:

Employees who are in a position. This rule This also applies to cases where the employer himself has not yet been notified of the pregnancy.
Minors. They can only be fired with the consent of Labor Inspectorate and commissions on juvenile affairs.

The time spent on vacation cannot be considered absenteeism if the management of the organization wants to recall the vacationer, but he disagrees. In addition, the presence of papers confirming that the absence was justified also does not make it possible to terminate the relationship with the temporarily absent person.

Preparation of an order

After all the circumstances of the case have been considered, the reasons have been clarified, and the decision to terminate the relationship has been made, a dismissal order is issued.

The order must be based on the act drawn up in case of failure to appear, and on the employee’s explanatory note, if any. The director's order states:

The essence of the established offense. It is clarified who is a truant, when the absence was committed, for how long the person was absent.
Reasons for absence. Here the arguments of the employee himself and the conclusions of management can be given.
Established penalty. It is indicated that the truant should be fired under paragraph 6a of Article 81 of the Labor Code of the Russian Federation.
The deadline for completing the order is specified.

The truant is familiarized with his signature. If you refuse to sign, information about this is entered into the order and certified by the responsible person.

Making an entry in the work book

An employer has the right to fire a person without instructions real reason termination of relations, or can make an entry in the work book about the offense committed. Such a note in the work report can seriously harm the employee in his subsequent activities. After all, having such a record, you do not need to count on the trust of the new employer. Many organizations simply refuse to accept unreliable people who have unflattering characteristics.

An entry in the work book about absenteeism is made only when the contract is terminated on the last day of work. The personnel employee enters the date of dismissal and sets the basis for separation, clause 6a, article 81 of the Labor Code of the Russian Federation. The entry is confirmed by the position of the personnel officer, his full name and signature. A personnel stamp is placed on the signature. Marks are also made in the personal file of the dismissed person and his card. When writing a characteristic, it reflects this fact.

Good reasons

Despite the fact that any legislative established reasons which are recognized as respectful are not provided for, employers have the right to independently determine the “limits of respect and seriousness” of the grounds for an employee’s absence from the workplace.

Truancy can be divided into two large groups, which include:

Valid reasons for absence from work. IN this list include the most serious reasons, which do not allow an employee to be fired for absenteeism.
Unexcused reasons for absence from work. Most often, these include simple absences without reason, if the employee simply did not want to go to work.

We must not forget that if an employee was absent from the workplace for less than four hours, then his absence is considered late. Only absence from work beyond the specified time can be considered absenteeism.

If there are valid reasons for absence from work, dismissal due to the employee’s absence is not permitted. If for some reason the employer did not heed the employee’s arguments and fired him anyway, then the citizen can go to court to restore all violated rights. Usually, as a result of the trial, when really illegal dismissal the employee is forcibly returned to the workplace, and is also paid compensation for forced days absenteeism in the amount of average daily earnings.

Personal

The most common reasons for absenteeism are considered to be personal reasons that did not allow an employee of the organization to go to work at the appointed time. Usually, when such situations arise, everything is reported to the management of the enterprise, but if there is no opportunity to call or write a message to the manager, the employee does not face any additional sanctions.

The most common personal reasons for employee absence from the workplace include:

Injury or illness. When visiting a clinic or calling an ambulance, the employee is given a certificate or appointment sheet indicating the date of visiting the doctor or calling an ambulance medical care. In this case, this document is filed with the employee’s file, and dismissal for absenteeism is not allowed.
Passing a medical examination - medical examination. For many organizations, especially in the catering industry, having a medical record and passing a medical examination is a prerequisite for working. If visiting doctors is a necessary measure, then the absence of an employee from the workplace is not absenteeism.
Illness of a child or other family member who requires outside care during illness. In this case, the employer is provided with a certificate from a doctor or sick leave child care.
The occurrence of a technical malfunction in the gas, water and heat supply system, as well as physical breakdown door lock at the employee's apartment. If for some reason there is a breakdown or fire in a residential or other premises owned by an employee, then failure to show up for work is a valid reason, since it is necessary to call special services. To confirm the authenticity of this reason for absence from work, a receipt for payment for services to replace a door lock or call a plumber, as well as information about a fire, if one, can serve.
Employee participation in government affairs, such as testifying to a law enforcement officer or testifying in court. In this case, if possible, the employer is informed in advance of the need to visit public services, and a summons or other document is provided.
Long-term non-payment of wages. If payments are delayed by more than 15 days, the employee has the right to refuse to work, but with mandatory written notification to the employer. Refusal to work may last until full or partial payment of wages; dismissal of such an employee is not allowed.

In addition to personal reasons for absenteeism, there are other reasons that arise for reasons independent of the behavior and actions of the employee.

Due to circumstances beyond the employee's control

Personal reasons are not the only reasons for an employee’s absence from work; in addition to them, there are so-called force majeure circumstances that do not depend on the employee in any way.

The following situations can be considered force majeure:

malfunction of the elevator in the residential apartment building, which arose when an employee of the enterprise was about to go to work;
participation in a traffic accident, as well as giving evidence if an employee of the organization witnessed an accident;
malfunction vehicle, as well as the physical impossibility of using other ways to get to work - lack of buses or the ability to call a taxi;
emergence emergency due to natural disasters - hurricane, flood, ice, fires, earthquakes, etc.;
risk of an epidemic or high level infection, in the event of a confirmed epidemic of the disease;
plane delays if the employee is in another city, which may result in being late for work, etc.

An explanation of the reason for absenteeism due to force majeure circumstances is possible only if there is documentary or other confirmation of the presence of such reasons. If the employee can confirm that he really did not show up for work due to weather conditions, then the employee’s dismissal is not allowed.

How to register absenteeism for a good reason

Registration of absenteeism for a good reason occurs in almost the same way as registration of absenteeism for unexcused reasons, with the exception of the last point - bringing the employee to disciplinary liability. If a fact of absenteeism is detected, an absence from work report is drawn up in relation to the employee. After compiling of this document the employee is given a short amount of time to provide an explanatory note.

The explanatory note indicates the reason for absenteeism, and also attaches physical evidence of the validity of the reason for absence from work. If the employer considers that the reason for absenteeism is valid, then no sanctions will be taken against the employee.

If the reason is not considered serious for absence from work, then the employer has the right to take any measures disciplinary action in relation to the employee. It is noted that dismissal is not mandatory attribute truancy. The head of an enterprise can choose what measure of influence to apply to an employee of the organization. The report card contains a standard designation for absenteeism, regardless of the degree of respect for it - “PR”.

Pay for absenteeism for a valid reason

Payment for absenteeism for good reason is not regulated, however, the employer has the opportunity to stipulate the possibility of paying for such a day in a collective labor agreement or other normative act enterprises.

Absenteeism for a valid or unexcused reason is not paid, as is, for example, leave without pay. However, the absence of an employee from work due to serious circumstances prohibits the employer from bringing the employee to disciplinary liability.

Reasons why you shouldn't skip

There are no unexcused reasons for absence from work, but conventionally such reasons can be considered all circumstances that do not physically interfere with the performance of work, but the employee independently decides not to attend work.

Examples of absenteeism for unexcused reasons are:

absence from work due to the alarm clock not ringing, as a result of which the employee overslept;
state alcohol intoxication, as well as the consequences of alcohol intoxication on the previous day, while the employee is prohibited from being at work in a state of alcohol or drug intoxication;
unauthorized assignment of time off without notifying management, etc.

Unexcusable reasons for absence from work can be considered all reasons that are not valid.

Reprimand for absenteeism without good reason

The employer has the right to independently determine the measure of disciplinary action against an employee of the enterprise in the event of his absenteeism without sufficient grounds.

Art. 192 of the Labor Code of the Russian Federation establishes that in relation to an employee, the following types disciplinary punishment:

a reprimand given for a minor offense, such as being late;
reprimand given for a more serious offense labor regulations, for example, failure to submit a progress report;
dismissal, which is applied in the event of a serious violation of labor regulations, in particular for absenteeism or showing up at work under the influence of alcohol or drugs.

The legislation does not provide for other measures of influence. At the same time, employers very often use a bonus deduction procedure, which involves the complete or partial deprivation of bonus payments to the employee.

Explanatory note for absenteeism without good reason

An explanatory note is drawn up on the basis of an act of absence of an employee from the workplace for any period of time or the entire working day. The document indicates the actual reason for absence from work, and also reflects information about documents confirming the reasons.

The employer is obliged to request an explanatory note from the employee, but is not required to receive it. If the employee refuses to draw up a document, the employer has the right to apply sanctions in full without long waits.

It is unlikely that a working person does not have information that there is an article for dismissal for absenteeism. In this context, it is appropriate to consider in detail the circumstances in which its use is lawful. After all, sometimes leaders abuse threats of punishment.

Criteria for absenteeism on TC

The Labor Code describes the rights of workers, at the same time explaining under what circumstances the hiring party can justifiably terminate the employment agreement of its own free will.

Among the significant factors, even in a single case of neglect of labor duties, paragraph 6 of Article 81 stipulates the absence of a worker in the absence of a valid justifiable reason, namely absenteeism.

Basic determination criteria:

Absenteeism is defined as absence from work for more than 4 hours or, alternatively, for an entire shift.
There is a compelling reason, with documentary evidence fully justifies the labor participant’s absence from work.

From this it turns out that not all cases of a subordinate’s absence, unexpected for the manager, can be classified as absenteeism and punishment established.

Service memo about violation labor discipline

How many hours can you walk without risking dismissal?

If installed shift schedule labor, and the duration of the shift is 4 hours or less, an employee can be recognized as absenteeism only if he completely misses working time. Must work 2 hours a day, did not show up for these 2 hours - this is absenteeism, the article of the Labor Code of the Russian Federation confirms. He showed up 1 hour 45 minutes after the start of working hours, in this case, not absenteeism, although there were only 15 minutes left until the end.

If the shifts are longer, or the employee works a standard 8-hour schedule, absences must be absent for more than 4 hours to be classified as absenteeism. Absent for exactly 4 hours or 240 minutes – not absenteeism. Determining what is considered truancy labor code, clearly states – more than 4 hours.

It is not legal to add up hours of absence. Hired performer labor function I was 2 hours late on Friday, 3 hours late on Tuesday. This cannot be considered a truancy. It is a mistake to conclude that one can be systematically absent from work. Numerous violations of labor discipline also give the employer the right to part with a person who is unable to arrive on time.

The break is not included in the calculation of hours of absenteeism. For clarification, a specific case should be considered. The specialist has a regulated 8-hour working day from 9 to 18 with a lunch break from 13 to 14. He was absent from 9 to 13. It would seem 4 hours 30 minutes, prepare an order. However, the lunch time listed in labor agreement or other documents is not taken into account. The offender was absent for exactly 4 hours; the term truancy cannot be used. He showed up at 14.05 and does not have a supporting document - absenteeism.

Reasons that may justify a truant

A working citizen has a guaranteed right to vacation. The director demands that the employee complete the work during this period and threatens him with an article for absenteeism; the specialist’s refusal is legal. A similar situation cannot be classified as absence from work without a valid reason.

Important detail: vacation is a planned event. No one is immune from situations when the need to be absent arises spontaneously.

The employer will not challenge valid reasons in a number of cases:

If you need help medical personnel. It is allowed to contact medical service and support when there is a threat to the life and health of a colleague. A doctor's certificate will fully justify the absence.
If you are under investigation or participating in investigative activities as a witness or witness. However, we must not forget about the supporting document.
If your wages are delayed by more than 15 days. You must notify the company and write a statement in advance. Be sure to record the fact of its transfer and keep a copy for yourself. It would be rational to simultaneously report a flagrant violation to the labor inspectorate.
If you have donated blood or undergone the necessary examination.
If insurmountable events prevented you from appearing on site: flight rescheduling, accident, natural disaster and the like. A supporting document will also be required in this case.

Because labor legislation our country does not provide a clear and unambiguous clarification of valid reasons; if in doubt, it is better to familiarize yourself with the existing judicial practice and make decisions based on precedents.

Explanatory note about absence from work

Article for dismissal for absenteeism, restrictions

Analysis regulatory documents shows that if absenteeism is absolutely clear, the employee cannot always be asked to pack his things. Bad idea, break up with a pregnant woman for absenteeism, no matter when the fact of expecting a child was established.

The procedure for dismissal for absenteeism of minor workers has its own special features. Coordination with the state labor inspectorate and the commission for minors’ affairs and protection of their rights is necessary.

The article for absenteeism does not oblige the employer to abruptly break off relations with the employee. The head of the organization has the right to make a more loyal decision and use a different disciplinary sanction. It is undeniable that a person can suffer no more than one punishment for an offense. It is unlawful to reprimand and fire at the same time.

An employee cannot be deprived of work for absenteeism if the period for applying the punishment has expired, that is, more than 6 months from the day the offense was committed or 1 month after the discovery of the fact.

Algorithm for registering truancy

When an employer plans to say goodbye to a violator who is absent from the office, it is better not to waste time and immediately draw up a report (formatting in the past is not allowed). There is no single universal form of paper established. As a rule, the organization independently determines its type.

Required conditions:

recording the date and time of the employee’s absence with absolute accuracy;
mark exact date and the time of writing the act;
the presence of witnesses (colleagues can act in this role) confirming absenteeism with signatures on official paper.

A violator of the schedule does not attend work for several days, similar to shifts, in a row - each time a separate report is drawn up.

The report card, before the return of the potential truant, shows a failure to appear for unknown reasons. Subsequently, the absence premise must be classified as respectful or unexcusable.

It is the employer’s responsibility to request an explanatory note from the absentee and present the report for review. This can be done in person or by registered letter if the truant does not appear for a long time.

If a person does not agree to make contact and refuses to give explanations in writing, the fact is recorded in another act. It is necessary to attract witnesses.

The next step is to notify general director enterprises. To do this, the absentee’s boss sends a report, mentions in the text that there was an absence from work without a good reason, and records his assessment of the events. The author expresses his position regarding the deserved punishment.

In case of a radical mood, a dismissal order is drawn up. The text contains links to all documents signed in connection with absenteeism. The former employee must be given the opportunity to review the official paper and sign. In case of refusal, another act is generated.

Entry into the work book, mandatory payments

If the nuances and subtleties of the regulations for dismissing a hired specialist during absenteeism are observed, the fixing step on the path to parting with the employer is an entry in the work book in accordance with the established sample. It reflects the reason and refers to an article of the Labor Code.

The work book is handed to the absentee or sent by registered letter by mail.

Work book

Sometimes a loyal manager invites the violator to submit a letter of resignation on a more lenient basis, at his own request. In this case, the mention of separation from the employer under the article does not fit into the documents and labor report. Search process new job it will be much easier.

Dismissal of an employee for absenteeism is not a reason to cancel mandatory payments when settling with the offender.

hours worked;
days of allotted vacation in compensation format;
sick leave, travel and other expenses, confirmed by documents and not paid before.

Objections from the organization are grounds for filing a legal application.

Reinstatement after dismissal for absenteeism

It happens that someone who has lost their position is firmly convinced that dismissal for absenteeism is a wrong move by the company. There is a chance to try to challenge injustice and return to your place. It is permissible to file a claim within a month from the date of familiarization with the order or delivery of the work book.

The court will evaluate controversial situation from several sides:

Was there any ignoring of work time without a good reason?
How legally competent is the procedure for interrupting labor relations implemented (are acts, orders and other documents drawn up; is there confirmation from witnesses; do the dates and time intervals match).
Are the clauses of the employment contract and internal labor regulations spelled out correctly? Working hours must be clearly marked (from 10.00 to 19.00, from 10.00 to 22.00 or another option), location: a specific office, office, warehouse, general territory of the enterprise.

If during the proceedings it is established that former employee was not present for a good reason and can confirm this, that the employer forced him to appear in the office at a time when the person had the statutory right to refuse, the acts were drawn up with errors, then the judge will approve the decision in favor of reinstatement to his previous position. It will also consider the issue of payment of funds for forced stay outside the workplace, costs of legal proceedings, and compensation for moral damage.

Dismissal under an article for absenteeism is a procedure that requires specialists responsible for personnel documents and legal control in the organization, strict compliance with many rules. However, it is rash to hope that one will be able to avoid punishment for failure to appear without a worthy excuse. Optimal solution– agree on an unexpected absence as soon as possible with immediate supervisor and not lead to the application of disciplinary sanctions.

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 main value 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 “serious” violations, such as being late for work.

Although even in case of absenteeism, milder sanctions than dismissal may be applied to the employee - a reprimand and a 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:

How to draw up an absence from work report, see: 2010, No. 23, p. 74

<или>data 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.

For more information on the procedure for bringing an employee to disciplinary liability, see: 2010, No. 23, p. 14, 74

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 the employee long time doesn't show up at work for a reason unknown to you, act 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 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.

Yours 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. The employee does not show up for work, does not send any explanations, and you have no confirmation that he received your letter. Or the letter was returned, never received by the addressee. This is the most difficult situation, in which in practice they do this:

<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 through the court, and then you will have to pay him average earnings for the entire period of forced absence.

Remember, there is always a possibility 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 corresponding to his qualifications, or lower position(lower paid work) that 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 be paid 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 old job, then you will have to agree 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 timesheet drawn up for all employees, where the absentee during periods of absence is marked “NN” (or “30”), draw up a corrective timesheet 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?

For absenteeism, like for any other disciplinary offense, you 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.

For more information about the timing of disciplinary sanctions, read: 2010, No. 23, p. 16

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 detection 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 is issued to terminate the employment contract according to 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.

Texts mentioned in the article court decisions you can find: section “Judicial Practice” of the ConsultantPlus system

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 a statement 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; ; Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

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 provide 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, work book must 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?

: The employee was probably playing for time in the hope that month period the application of a disciplinary sanction will expire from the day the offense was discovered and he will 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 promptly

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.