You will learn:

• What does the concept of "truancy" include and what are the measures to prevent losses from absenteeism
• How to correctly record the absence of an employee at work
• What measures can an employer take in relation to a truant

In any organization, it happens that employees do not go to work. Sometimes, even if there are good reasons (for example, due to illness), the employee not only does not report his absence to the employer, but also does not confirm absence from work with supporting documents. In this case, failure to appear is considered absenteeism.

But there are situations in which it is difficult to understand right away: for a good reason, the employee stopped going to work or not, in which situations he can be fired, and in which he is absolutely impossible. Often, a situation that is unambiguous at first glance, upon further consideration, turns out to be far from being so simple.

How to correctly assess the situation? What documents and in what terms to issue? How to prevent violations of labor laws? These and other questions will be considered in this article.

MEASURES TO PREVENT LOSS FROM TRUSSIA

The absence of an employee at work, even for a short time, disrupts the work process. To minimize damage in the organization, a number of measures should be taken:

• in the Rules of Internal work schedule there must be a clause obliging the employee to warn his immediate supervisor in advance about the impossibility to go to work, about the reasons for the absence and the expected period of absence. The fulfillment by the employee of the relevant obligations will help the manager to make timely decisions on the distribution of duties of the absent employee among his colleagues;
• supervisor structural unit must have a list of employees to whom he can entrust the functions of an absent employee. The employees themselves, in turn, should be aware of the affairs of a colleague, which they will need to perform in case of his absence (not only unexpected, but also planned (for example, for a vacation or business trip));
• the manager must have specific instructions governing his actions in the event of the employee's absence without warning (example 1).

The instructions are of an auxiliary nature, it is not necessary to issue it on the letterhead of the organization and certify it with the signature of the head. The main condition is that they must contain a specific algorithm of actions.

Example 1

Memo to the head of the department on actions in case of non-appearance of the employee

1. Call the employee on all phone numbers known to you (home, mobile, etc.) and find out the reason and possible period of his absence.
2. Ask subordinates whether the employee spoke about a possible absence from work. If one of the employees is aware of the reasons for the non-appearance of a colleague, ask them to state them in a memorandum addressed to the head of the organization.
3. Draw up an act on the absence of the employee, the measures taken to search for him and their results.
4. Take all documents to the Human Resources Department and receive instructions on how to proceed with the absent employee.

Be as clear as possible in your documents. workplace employee (shop, machine, office number. If you have a chain of stores and regularly rotate personnel, such specifics, on the one hand, will complicate the work personnel services, increasing the workflow, on the other hand, will protect the interests of the employer.

A workplace is a place where an employee is required to be or needs to arrive in connection with his work and which is directly or indirectly under the control of the employer. According to part 4 of Art. 57 of the Labor Code of the Russian Federation condition employment contract about the workplace is an optional (that is, optional) specification of the condition about the place of work. We recommend (if necessary) assigning an employee to a workplace not by an employment contract (in order to avoid subsequent problems with changing this condition of an employment contract), but by a unilateral document (organization order, subdivision order, notification, etc.).

When registering an employee part-time worker focus his attention on the fact that part-time work (as opposed to freelancing) is being performed regularly, he is entitled to leave, as well as at the main place of work, but it is forbidden to go into it without permission. As practice shows, many employees perceive part-time work as Additional income if they have free time, not realizing that the second job is the same obligations, which is when the main is executed.

THE EMPLOYEE DIDN'T GO TO WORK: WE RECORD THE ABSENCE

On the first day of an employee's absence from work, we cannot be sure that he is absenteeism (or even disappeared), and not sick.

A clear fixation of absenteeism will help if the fact of absenteeism is confirmed over time, and it will not hurt if the employee brings a certificate of incapacity for work. The act of non-appearance must be drawn up in the presence of two witnesses. It is better if employees from related departments act as them - if the employee begins to challenge his dismissal in court, he will not be able to refer to the pressure allegedly exerted on witnesses by the head.

The Labor Code of the Russian Federation does not oblige the employer to immediately start an active search. But if the missing employee is a responsible person, lives alone, and his phone is not answered, we recommend that you go to his home - perhaps the employee needs urgent help.

For example, dentist N. did not come to work on time. None of the colleagues heard that the doctor planned to leave urgently or complained about feeling unwell. The head of the department called him throughout the day, but the phone was silent. Worried about N.'s absence, she went to his house. Nobody opened the door. When the local policeman called opened the apartment, it turned out that the 45-year-old man was dead (as it turned out, due to a stroke).

In the event of an employee’s absence from work, the letter code “НН” or the number 30 (absence for unknown reasons (until the circumstances are clarified)) is put on the time sheet. If the timesheet is maintained:

If the organization is large, with a complex structure, for the uniformity of workflow, the procedure for recording working time in the absence of an employee should be clearly stated in the local regulatory act.

If there is no certainty that the employee is sick, for the first week it makes sense to draw up acts on his absence daily, in the future, you can limit yourself to an act on the absence of the employee during the week, drawn up on Fridays. This issue is not regulated by law, so you need to be guided by common sense and judicial practice.

The legislation also does not establish a fixed list of documents that must be issued without fail when absenteeism. In the courts as evidence more often recognized:

• time sheet with appropriate marks;
• acts or office notes about the absence of the employee at the workplace;

EDITOR'S NOTE

As well as certified printouts from electronic system accounting for the entry and exit of employees (paragraph 5, clause 12 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”).

• notification to the employee with a request to report the reasons for absenteeism (Appeal ruling of the Moscow City Court dated August 2, 2013 No. 11-15221).

EDITOR'S NOTE

In addition, if written explanations are not received from the employee, in accordance with Art. 193 of the Labor Code of the Russian Federation, an act on the failure to provide explanations must be drawn up. The courts in their practice, in most cases, are of the opinion that the employer lawfully applied a disciplinary sanction, including dismissal for absenteeism, if the employee did not receive notification of the provision of written explanations requested by telegram (or letter), for reasons beyond the control of the employer (Appeal ruling of the Moscow City Court dated July 28 .2014 No. 33-29793/14).

WE FIND OUT THE REASON FOR NON-APPEARANCE

If an employee brings a certificate of incapacity for work or a certificate of contact with a doctor, all documents about his absence should be filed in the appropriate file. Destroy them categorically impossible!

If the employee does not present supporting documents, in accordance with Art. 193 of the Labor Code of the Russian Federation, the employer is obliged to ask him written explanation. The Labor Code of the Russian Federation does not oblige the employer to draw up a request (notice) in writing (example 2 ® ), but in court a document is always a more weighty argument than words. Therefore, it is better to make a request in duplicate, hand one to the employee, on the second ask him to sign.

Example 2

Notice of the need to explain the reasons for non-attendance

If within two workers days the employee does not provide written explanations, an appropriate act should be drawn up.

The employee's failure to provide explanations is not an obstacle to the application disciplinary action(including dismissals) (part 2 of article 193 of the Labor Code of the Russian Federation).

If an employee does not go to work for a month or more and does not answer the phone, the search should be intensified. You can call him at home after work - it is likely that his relatives (and possibly the employee himself) will be able to clarify the situation. Since it is difficult to involve witnesses in a telephone conversation in the evening, try to record the conversation on a voice recorder, and state the results of the call the next day in a memorandum addressed to the head. Recording a phone conversation on its own is not sufficient reason for dismissal for absenteeism, but will be additional evidence of the employer's rightness.

It is also necessary to send registered letters with acknowledgment of receipt to all known addresses where the employee may be, with a requirement to explain the reasons for non-appearance in writing within 2 days, and if this is not possible, contact the personnel department or direct supervisor by phone.

EDITOR'S NOTE

It is better if the letters are valuable With investment inventory(to exclude speculation on the part of the employee) and, of course, with a return receipt.

WHAT IS TRUE?

Dictionary

Absenteeism- absence from the workplace without good reason throughout the working day (shift), regardless of its (its) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift) (subparagraph "a "clause 6, part 1, article 81 of the Labor Code of the Russian Federation).

There is no exhaustive list of valid reasons for the absence of an employee from work. To assess the misdemeanor, one should be guided by judicial practice:

1. good reasons absence from the workplace, courts in some cases consider:

• visiting a lawyer to get advice about the violation labor rights(Determination of the Moscow Regional Court dated November 24, 2011 in case No. 33-26558);
• being on vacation without saving wages when such leave is required for the employee by law in accordance with Part 2 of Art. 128 of the Labor Code of the Russian Federation (Appeal ruling of the Kemerovo Regional Court dated August 17, 2012 in case No. 33-7790);
• illness of an employee, including in the absence of a certificate of incapacity for work (Appeal ruling of the Supreme Court of the Republic of Mordovia dated February 21, 2013 in case No. 33-426 / 2013);

EDITOR'S NOTE

Note that there is also an opposite judicial practice, for example, the Determination of the Chelyabinsk Regional Court dated July 10, 2014 No. 11-7179 / 2014 on recognizing the abuse of the right of an employee not to notify the employer of his temporary disability and that in this case there are no obstacles to the dismissal of the employee at the initiative of the employer.

• fire, short circuit, emergencies, natural disasters (Appeal ruling of the Khabarovsk Regional Court dated March 1, 2013 in case No. 33-1372 / 2013).

2. Bad reasons clearly recognized:

• unauthorized termination of work before the expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation) or a notice of dismissal (Part 1 of Article 80, Article 280, Part 1 of Article 292 and Part 1 of Article 296 of the Labor Code of the Russian Federation);
• unauthorized use of days off or unauthorized leave on vacation (subparagraph “e”, paragraph 39 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation” (as amended on September 28, 2010).

The above lists are not exhaustive - foresee all life situations impossible, but, focusing on them, you can more objectively assess the degree of guilt of the employee.

HOW TO DEAL WITH A TRUGGER

According to the Labor Code of the Russian Federation, the employer has the right to dismiss an employee for absenteeism (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation), but is not necessarily obliged to do this. Moreover, in accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, when imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed should be taken into account.

extraction

from the Labor Code of the Russian Federation

Article 193. The procedure for applying disciplinary sanctions

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction may not be applied later than six months from the date of commission of the misconduct, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the date of its commission. The above time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction may be applied.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up.

A disciplinary sanction may be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

ADVICE

If you are not sure that the employee is absent without good reason, we recommend that you periodically call him in the presence of witnesses, draw up acts on the results of negotiations, and also periodically (for example, once a month) send registered letters demanding to explain the absences.

If the employee is really absenteeism, you should write a memo addressed to the head of the organization detailing all the circumstances that allow qualifying the absence of the employee as absenteeism, and attach all available documents to it (acts of absence, notices of delivery registered letters or returned letters, memos from employees clarifying the circumstances of non-appearance, etc.). These documents are grounds for dismissal of an employee for absenteeism, and All of them should be listed on the notice of dismissal. The date of dismissal of the employee will be the date the head of the organization signs the order to dismiss the truant (parts 3 and 6 of article 84.1 of the Labor Code of the Russian Federation). In the order (as well as in the work book and personal card), the record of the reason and grounds for dismissal must exactly repeat the wording set out in Labor Code RF (“fired / fired for absenteeism”).

The situation with missing workers is ambiguous:

NOTE

It is forbidden to fire pregnant women, even if the fact of absenteeism is confirmed!

EMPLOYEE IS FIRED. WHAT'S NEXT?

Part 2 Art. 84.1 of the Labor Code of the Russian Federation obliges the employer to familiarize the employee against signature with the order of dismissal, and part 4 of the same article - to issue on the day of dismissal work book.

According to part 6 of Art. 84.1 of the Labor Code of the Russian Federation, if the employee is dismissed for absenteeism, the employer is relieved of responsibility for keeping the work book, but there is an obligation to issue it no later than three days from the date of receipt of the employee's written request.

On the dismissal order, a note should be made about the impossibility of bringing its contents to the attention of the employee due to his absence from work (part 2 of article 84.1 of the Labor Code of the Russian Federation). We recommend that you make a similar entry in your personal card.

Regardless of the reason for dismissal, on the day of dismissal, you must make a full settlement with the employee: pay all due wages, as well as compensation for unused vacation. If the employee does not have bank card, the accrued amounts are deposited.

Strict adherence to all the measures described in this article will help you avoid mistakes when parting with truants and prove your case in court.

Conclusions:

1. A clear fixation of absenteeism will help if the fact of absenteeism is confirmed over time, and it will not hurt if the employee brings a certificate of incapacity for work.
2. The employee's failure to provide explanations is not an obstacle to the application of a disciplinary sanction. When imposing a disciplinary sanction, the gravity of the misconduct committed and the circumstances under which it was committed must be taken into account.
3. Regardless of the penalty applied, it is necessary to strictly observe the procedure prescribed in Art. 193 of the Labor Code of the Russian Federation.

Accordingly: temporary disability with benefits, temporary disability without pay or absenteeism.

Accordingly, there is no need to send a notification to an employee fired for absenteeism about the need to pick up a work book - Note. scientific editor.

Are there valid reasons for being absent from work? Some employers joke that only death counts as a valid reason for absenteeism. But often absenteeism is due to illness, a wedding or an exam at the university. Let's figure out what absenteeism is and what reasons can be considered valid.

What is considered truancy

Absence of an employee from work for more than 4 hours in a row is considered to be absenteeism, but on condition that lunch time, which is due to a person by law, has been deducted. A period of absence less than the specified period must be recognized.

Walks fall into two categories:

1. Without good reason. Such absenteeism can be a reason if the employer does not assign another punishment to the employee.
2. For a good reason, when a person was forced to be absent.

In practice, situations often arise when the employer does not recognize the employee's arguments as valid and dismisses him. Then the employee can go to court and appeal the decision.

Analyzing the circumstances of modern life, it is possible to identify some valid reasons for the absence of an employee.

Personal reasons

1. Illness or injury.

Absence from work is due to the health of the employee, when a person goes to the hospital, but does not start a sick leave. Many people refuse sick leave in order to keep their wages. In this case, the employee must provide a certificate from the doctor, which will indicate the date of admission.

2. Medical examination.

If a person works in grocery store, children's institution, public catering, in the military, fire or rescue service, then a medical examination is a mandatory procedure, and the absence of an employee cannot be considered absenteeism. But if an employee appointed a medical examination for himself and did not bring a certificate from a doctor, then this can no longer be considered a good reason.

If the employee refused to write out sick leave or was on a medical examination, he must provide a certificate from a doctor.

3. Illness of a child or other family member.

This fact must be confirmed by a certificate from a doctor or take sick leave to care for a child.

4. Unexpected breakdown in the field of utilities.

These reasons include a gas leak, a break in heating or water pipes, an electrical short circuit, or a fire.

5. Participation in government processes.

The reason for absenteeism is considered valid if the employee is in court on a subpoena, for example, as a plaintiff, witness, juror or representative of the election commission. According to Art. 46 of the Constitution of the Russian Federation, such a reason is considered valid, because a person has the right to personal participation in court.

6. Salary delay.

A delay in salary payments for more than 15 days can also be a good reason. The employee has the right not to go to work, but must notify the employer in writing. According to part 2 of Art. 142 of the Labor Code of the Russian Federation, the absence may continue until at least part of the salary is paid.

Reasons for absenteeism provoked by an external factor

The circumstances for absenteeism may not be related to personal reasons. Everything that can be attributed to force majeure justifies the absence of a person from work for 4 hours or more.

Force majeure situations:

1. Breakdown of the elevator in the house - the employee was stuck in the elevator and could not come to work.
2. Traffic accident.
3. Transport malfunction, if it is not possible to transfer to another bus, trolleybus, etc.
4. Obstacles of a natural nature (flood, ice, strong gusts of wind).
5. Epidemiological situation in the settlement and compulsory vaccination.
6. Flight delay, which creates barriers to timely return home from vacation, business trip or other trip.
7. Lack of tickets at the box office of any road, water or air services.

If an employee has confirmation that absenteeism occurred due to serious circumstances, then you cannot fire him.

Reasons for absenteeism that are known in advance

Sometimes the reason for absenteeism may be other circumstances that arose the day before or were known in advance. Such reasons include a wedding, the birth of a child, or the death of a close relative.

Also, the employee has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism. But the employee is obliged to warn the manager in writing about these circumstances, if this is not possible, then you can simply call. According to Art. 128 of the Labor Code of the Russian Federation, the period of absence from the workplace cannot exceed 5 days.

The employee has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism.

Not always absenteeism happens at the will of the employee. Sometimes a person is forced to stay late or not come to work at all due to unforeseen circumstances. But if there is a justification for absenteeism and it is respectful, then you do not have the right to exceed your authority and deprive the employee of work. Before publishing, give the subordinate the opportunity to justify himself.

One of the grounds for dismissal of an employee at the request of the employer is absenteeism, but sometimes situations arise when employees do not show up on time or leave their jobs for good reasons. To avoid litigation, managers need to know a specific list of problems in which the termination of an employment contract would be considered illegal. Read also article ⇒

What is a walk in the Labor Code of the Russian Federation?

A complete list of grounds on which employers can dismiss their subordinates on their own initiative is indicated in Art. 81 of the Labor Code of the Russian Federation. Among them there is absenteeism - absence from the workplace for more than 4 hours in a row without a good reason.

For termination labor relations due to absenteeism of a subordinate, the following is required:

List of good reasons for absenteeism

Sometimes circumstances arise when working citizens cannot predict their absence from work in advance, and this will not be considered absenteeism:

• Illness or injury. You will need a medical certificate to confirm.
• Delay vehicle next to the place of work according to the schedule.
• Sudden hospitalization of a close relative.
• Fires and other emergencies.
• Natural disasters.
• Malfunctions of utility networks (water leak, gas leak).
• Getting into an accident on the way to work (a certificate from the traffic police is required).

Good reasons for absenteeism include delayed wages. According to Part 2 Art. 142 of the Labor Code of the Russian Federation, if the employer delays her for more than 15 days, employees may not go to work, having previously notified him of this in writing.

Absenteeism is also considered respectful in the event of family circumstances:

• birth of a child
• death of a relative.

In this case, the employee may ask for unpaid leave for up to 5 calendar days on the basis of Art. 128 of the Labor Code of the Russian Federation.

Below is an example of groundless dismissal for absenteeism:

Savelyeva I.V. works in LLC as a manager, her working day starts at 09 o'clock. 00 min. On the way to work, she gets into an accident, no one was hurt. It takes 3.5 hours to wait for traffic police officers. After drawing up the accident scheme, the culprit, together with Savelyeva AND.The. sent to the traffic police department, where all documents are processed.

Subsequently, Savelyeva AND.The. provides a certificate of the incident to the manager so that the absence from work is not recognized as absenteeism.

What reasons are considered disrespectful?

A specific list of disrespectful factors of the Labor Code of the Russian Federation is not provided, however, judicial practice there are several situations when dismissals for absenteeism were recognized as legitimate:

• Failure to provide sick leave for the entire duration of the illness.
• Leaving for any vacation, if the application is not signed by the head.
• Caring for a relative who is in hospital, if this is not necessary.
• The employee arbitrarily and without good reason left the workplace without coordinating this with the boss.
• The circumstances of absenteeism are unknown to the management, but the employee himself refuses to give explanations.
• If a person overslept, did not want to go to work, or simply forgot.

In the latter case, it can be problematic to prove absenteeism: as a rule, employees still come up with good reasons and indicate them in explanatory notes in order to avoid dismissal.

In Italy, since the beginning of 2017, they have been actively fighting against absenteeism of civil servants. According to the idea, the perpetrators are punished with house arrest or dismissal. “If we see that the leader does not punish the guilty, our employees intervene. If the offender is not fired by his boss, sanctions are imposed on him,” said Marianna Madia, Minister of Public Administration.

What are the disciplinary sanctions?

Conclusion

In some cases, dismissal for absenteeism is considered unlawful if the employee did not show up for work for a good reason. This must be taken into account by employers when deciding on the application of a disciplinary sanction in order to avoid mistakes and not illegally dismiss an employee who has already found himself in a difficult situation.

Hello! This article talks about the causes of absenteeism.

Today you will learn:

1. Disrespectful and valid circumstances of absence from work;
2. about absence from work;
3. What penalties apply for unlawful absenteeism and whether it is possible to impose a penalty for absenteeism for a good reason.

The concept of absenteeism

In simple terms, absenteeism 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 being absent from work for more than 4 hours for an unexcused reason and less than 4 hours for a valid one.

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

1. For no reason, which may later end in dismissal. But in some cases, management may take other measures to punish their worker.
2. For any reason, that is, the absence is justified.

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

• At what time did the absenteeism fall, that is work time or time reserved for rest;
• How long does the absence last?
• How many times per shift or during the working day a person was absent from a production task.

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

Walking qualifies as a violation production process resulting in losses and damage to the organization.

Irrelevant 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 legitimacy and importance of absenteeism or absence from work for some time.

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

As a rule, the court proceeds from legal and disciplinary responsibility, that is, all proportionality and legality of the case are taken into account. At the same time, the entire galaxy of reasons and motives for the absence of an employee in his place is subjected to verification. And if a good reason for absenteeism is revealed, then the employer in this case will be punished.

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

What is a good reason for absenteeism

There are times when you cannot be present at your workplace. And in some cases you do not try to warn your boss about it. This can cause disagreement between you and management. Therefore, it is better to take care of this in advance and notify of a deliberate absenteeism.
What could be the reasons for this non-appearance:

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

According to the above circumstances of absence from the workplace, it can be argued that some of them do not depend on the employee and may occur unexpectedly. But still, each of them should be considered independently, taking into account all the nuances of its occurrence.

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

1. Malfunction of the house elevator.
2. Flood, fire, robbery.
3. The sudden onset of an epidemic in the territory of the employee’s residence and the need for quarantine.
4. Delay of regular transport during holidays, business trips and travel to work.
5. If there are no tickets for the next flight.

Such obstacles to getting to work must be supported by a written explanation stating 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:

• The strongest illness of a relative, which ends in death;
• A relative has a child;
• birthday trip;
• Wedding trip.

Usually such reasons are known, so it will not be difficult to write an explanatory note before the very reason for the absence occurs. As a rule, several unpaid days off, which do not exceed 5 days, are also associated with such reasons for absenteeism, which is prescribed in the Labor Code of Art. 128.

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

Registration of an explanatory

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

A written explanation of non-appearance is a document compiled by the truant in his own hand in any form, but with the preservation of business style.

Document writing scheme:

1. In the upper part, in the right corner, the full or abbreviated name of the organization, the name of the head, to whom the employee addresses with explanations, is written.
2. The name of the document is indicated in the center of the sheet. In many organizations, this is an explanatory note for absenteeism.
3. Below is a description of the circumstances of the absence from work, which is stated arbitrarily.
4. Below is the truant's autograph and the date of compilation.
5. It is necessary to list the documents confirming the fact of absenteeism, if any, with their attachment to the note.

All attributes of the note must be written correctly, without distorting the facts. Must attend business style writing. All facts and reasons are stated directly, without emotional remarks.

There are moments that are of 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 off from production was exactly 4 hours and not a minute more - this is not absenteeism. If, for some reason, the employee was unable to notify the boss of a good reason, but there is documented evidence of this, this is not absenteeism.

The onset of such moments should be fully reflected in the note. After compiling an explanatory note, it must be endorsed in the journal of incoming correspondence with the secretary and submitted for signing to the head.

The deadlines for compiling the document are set, which are two days from the moment of absenteeism.

Punishment for absenteeism without good reason

If the employee actually has a disrespectful reason for absenteeism, then the employer has the right to hold him accountable, in some cases this ends with dismissal.

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

An act is drawn up on the fact of illegal absence from work. It can be written by the head of the structural unit, which is subordinate to the truant.

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

1. Compilation date.
2. Name and position of the person making the document.
3. Reason for compiling.
4. Name of the employee who was absent from work.
5. Absence duration.
6. Signature of the director of the company.

If possible, then a written explanatory note should be taken from the absentee employee indicating the reasons for the absence. If, nevertheless, the illegality of the absence is found out, then the director writes an order for disciplinary punishment, and then dismissal.

The 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 states the reason for the 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 the management. The mildest measure is a verbal 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 absenteeism is familiarized with the order within three days.

Is it legal to punish absenteeism for a good reason?

If a person did not appear at work for any reason and does not answer the phone, then this is not a reason to consider his absence 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 required to report to his superiors in advance about forced absenteeism, 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 the absence, then the boss should not subject his subordinate to disciplinary measures. Otherwise, it can be challenged in court.

Maria Soboleva

How to skip work without unpleasant consequences?

How to skip work - well, admit it, such a question at least sometimes arises even for the most disciplined employee. We understand that this is not good, but we are not robots and we can afford not to come to the workplace once. That's just a valid and convincing reason to come up with.

How to skip work and not get fired

If you are lucky enough to have loyal management, then almost any excuse will do as an excuse for a missed work day.

In general, for absenteeism under strict bosses, any employee may well be threatened with dismissal. At best, a reprimand or a fine. So you have to think in advance how to skip work without consequences.

Absence from work — the most valid reasons

An additional day of rest, or time off, you can ask your superiors in advance for working overtime or on weekends. He will not be paid, but walking relatively legally is quite realistic. Notice of your intention to take time off must be given in writing.

Another option for not showing up for work for a good reason is to donate blood. Do a good deed in the morning and the whole day is at your disposal. This, of course, is not for everyone. Not everyone can become a donor for health reasons, and many of us are afraid of the procedure.

If you still decide on this option, fill out a certificate at the donor center and an official explanation of your unwillingness to work today will be provided.

Alibi will provide you with a certificate that you have visited a doctor, an entry in the outpatient card. You could become ill and you decided to urgently visit a doctor. But you should notify your superiors about your intention to seek medical help on the day of absence from work.

It will save you from troubles and a certificate of illness of a child or a relative who needs your help - escort to the hospital, care, supervision.

How else to skip work and not be fired: in the event of an urgent call for a repair team to eliminate an emergency - problems with gas supply, pipe break, sewer blockage.

But the installation of plastic windows or the installation of entrance doors, which made you skip work, strict leader obviously pissed off. You will be able to convincingly talk with your superiors - you are lucky.

If you have the ability to get fake certificates, don't expect to get away with it. Once or twice the number may pass, but when you abuse it, the management can check the authenticity of the documents.

The reason for the absence - what to say

Walking, of course, is not good. But since this happens to almost everyone, consider the most popular reasons for absenteeism.

Most often, employees refer to poor health, and then there is a chance for a day or two to take a break from work.

For example, you caught a cold, and in order not to infect the team, you decided to heal at home. Look for the cause of a cold depending on the season - in the winter of an infection (he caught it from Yulia from the accounting department, picked it up in a crowded trolleybus), in the summer - air conditioning or a draft.

Or a terrible migraine broke out, which will not give you the opportunity to fully work. Or you have a toothache - you will urgently have to visit the dentist.

The version of your food poisoning sounds convincing, after all, this can easily happen to anyone. They ate something like this at a party or in a cafe - and this is the result. Sit at home for a day.

You need to call with a complaint about your poor health early in the morning - it’s more convincing, the voice of waking up will be more like a patient. In addition, you are very worried about your absence and warn about it in advance.

And you can simulate a cold by drawing water into your nose, the illusion of a runny nose will be provided. When you get back to work, keep pretending to be weak, take some pills. Play the role, so perishing until the end.

Skipped work - what to do

What to do if you skipped work - write an explanatory note, and even before you are asked to present it. Describe more convincingly the reasons and circumstances of your absenteeism, it is better if the note is supported by some papers (certificates, telegrams, letters).

For example, a telegram about the urgent arrival of relatives, but you must meet and accommodate them.

Those who work with clients can come up with a meeting with one of the respectable people as an excuse for their absenteeism: they played bowling (billiards, squash) and discussed the details of the future contract.

Sometimes it helps to get rid of the banal fiction that the husband (child, mother) took away both sets of keys and you could not close the apartment.

Women have a completely natural reason for skipping work - critical days.

Lack of transport, an accident, a natural disaster - these are quite good reasons for not appearing at the place of their work. In order not to be late for work as a result of such force majeure, you decided not to come at all and work that day fully at another time.

Each person may have a personal need to miss a working day, but it is always better to negotiate with management and work out your hours later. Then there will be no need to puzzle over how to skip work. And a little respite will help you work with great enthusiasm later.

Take it, tell your friends!

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