Causes of lack of study. What are the working reasons for the lack of work at work in the labor legislation of Russia. List of valid causes

You will learn:

  • What includes the concept of "program" and what measures to prevent loss of absenteeism
  • How to fix the worker's failure to appear at work
  • What measures can accept the employer in relation to the trash

In any organization, it happens that employees do not go to work. Sometimes, even if there are valid reasons (for example, by illness), the worker not only does not report his absence to the employer, but also does not confirm the nebid to work with exclusive documents. In this case, the non-appearance is considered to be a break.

But there are situations in which it is difficult to understand immediately: for a good reason, the employee stopped going to work or not, in what situations it can be dismissed, and in which it is categorically impossible. Often, at first glance, the situation is far from being so simple.

How to appreciate the situation? What documents and what time do you draw? How to prevent violations of labor legislation? These and other issues will consider in this article.

Practition Loss Prevention Measures

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

  • in the rules of the internal labor regulation, there must be an item obliging an employee in advance to prevent his immediate supervisor about the impossibility of going to work, about the causes of the non-appearance and the estimated period of absence. The fulfillment by the employee of the relevant obligations will help the head and to make decisions on the distribution of duties of the missing employee between his colleagues;
  • head structural unit Must have a list of employees who can entrust the performance of the missing employee. The workers themselves, in turn, should be aware of the colleagues who will need to be carried out in the case of its absence (not only unexpected, but also planned (for example, for a period of vacation or business trip));
  • the head must have specific instructions, regulating its actions in the event of an employee non-failure (Example 1).

The instructions are auxiliary in nature, it is not necessary to publish an organization on the form and assure a signature of the head. The main condition - they must contain a specific algorithm of actions.

Example 1.

Memo to the head of the division of actions in the event of an employee

  1. Call an employee for all phone numbers known to you (home, mobile, etc.) and find out the reason and the possible period of its absence.
  2. Inscribe the subordinates, did the worker talked about the possible absence of at work. If someone from the workers are aware of the reasons for the failure of colleagues, ask them to state them in a report on the name of the organization's head.
  3. Make an act of the absence of an employee, measures taken by his search and their results.
  4. Take all documents to the personnel department and get instructions on further actions regarding the missing employee.

Madely correctly prescribe in the documents workplace Employee (workshop, machine, Cabinet number. If you have a chain of stores and regularly rotation of personnel, such a specific, on the one hand, will complicate work personnel services, increasing the workflow, on the other, will allow to protect the interests of the employer.

The workplace is 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. According to Part 4 of Art. 57 TK RF Condition labor contract About the workplace is optional (that is, optional) clarification of the condition about the place of work. We recommend (if necessary) to fix the employee for the workplace not by the employment contract (in order to avoid subsequent problems with the change in this condition of the employment contract), and a one-way document (by order on the organization, an order for a division, notification, etc.).

When making an employee partner emphasize his attention on the fact that part-time work (unlike freelance) is performed regularly, His vacation is laid, as is the main place of work, but it is forbidden to go to it. As practice shows, many employees perceive partition as additional income if they have free time, not understanding that the second job is such liabilitiesAs when performing the main one.

The worker did not go to work: fix the failure

On the first day of the unheard of the employee to work, we cannot be sure that he strives (or even disappeared), and not sick.

A clear fixation of the failure will help if the fact of absenteeism is confirmed, and it will not hurt if the employee brings a disability sheet. The act of failure must be compiled in the presence of two witnesses. It is better if workers from adjacent units will perform in their quality - if the employee becomes challenged his dismissal in court, it will not be able to refer to allegedly rendered pressure on the head of the manager.

The Labor Code of the Russian Federation does not oblige the employer immediately begin to actively wanted. But if the missing worker is responsible, alone lives, and his phone does not answer, we recommend going home to him - perhaps the employee needs urgent help.

for example, Dentist N. did not come on time. None of the colleagues heard the doctor to plan to urgently leave or complained about poor well-being. The head of the department called him throughout the day, but the phone was silent. Concerned about the absence of N., she went home to him. Nobody opened the door. When the recovered district policeman opened the apartment, it turned out that a 45-year-old man was dead (as it turned out, due to stroke).

In the event of a non-worker's unbelievous work, the working time accounting table is set by the letter code "NN" or digital 30 (no appearance for unclear reasons (until the circumstances is clarified)). If the tabel is conducted:

If the organization is large, with a complex structure, for the uniformity of document management, the procedure for accounting for working hours in the absence of an employee should be clearly prescribed in a local regulatory act.

If there is no certainty that the worker is sick, the first week makes sense to draw up acts about its absence daily, in the future it can be limited to an act of the absence of an employee during the week, composed of Fridays. The law is not resolved by law, so it is necessary to be guided by common sense and judicial practice.

The legislation also did not establish a fixed list of documents that must be issued under vanity. In courts as evidence most often recognize:

  • working time accounting table with appropriate marks;
  • acts or service notes on the absence of an employee in the workplace;

Note Scientific Editor

As well as certified printouts from electronic system Accounting for the exit of employees (paragraph 5 of paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 "On the application of legislation regulating the work of women, individuals with family responsibilities and minors").

  • notifications to the employee with a request to report on the reasons of the Neboda to work (the appellate definition of the Moscow City Court of 02.08.2013 No. 11-15221).

Note Scientific Editor

In addition, if the employee did not receive written explanations, in accordance with Art. 193 of the Labor Code of the Russian Federation should be compiled an act of failure to provide explanations. In most cases, the courts in their practice are the opinions that the employer legally applied a disciplinary penalty, including dismissal for the program, in the event of a notice of notification to the provision of written explanations requested by the telegram (or writing), for the reasons independent of the employer (the appellate definition of the Moscow City Court of 28.07 .2014 № 33-29793 / 14).

Find out the reason for the non-appearance

If the employee brings a disability sheet or a certificate of contacting the doctor, all documents about its absence should be tailored to the appropriate case. Destroy them it is categorically impossible!

If the employee does not impose acquittal documents according to Art. 193 TK RF, the employer is obliged to request from him written explanation. The Labor Code of the Russian Federation does not oblige an employer to compile a request (notification) in writing (Example 2 ® ), But in court, the document is always a more significant argument than words. Therefore, it is better to make a request in two copies, one handing the worker, on the second to ask him to put a signature.

Example 2.

Notification of the need to explain the causes of the failure

If for two workers The days of the employee will not provide written explanations, should be the corresponding act.

Failure to provide an employee of an explanation is not an obstacle to disciplinary penalty (including dismissal) (Part 2 of Art. 193 of the Labor Code of the Russian Federation).

If the employee is more and no longer goes to work and does not respond to phone calls, the search should be activated. You can call him home after Works - the likelihood is that his close (and possibly the worker himself) will be able to clarify the situation. Since you are difficult to attract witnesses to a telephone conversation in the evening, try to write a conversation to the voice recorder, and the results of the call are set out the next day on a memorandum addressed to the head. Recording a telephone conversation in itself is not a sufficient basis For dismissal for run, but will be an additional proof of the rightness of the employer.

It is also necessary to all known addresses where the employee may be located, send custom letters with a receipt notice with a request for a 2-day term to explain the causes of non-appearance in writing, and if it is impossible, to contact the personnel department or direct head.

Note Scientific Editor

Better if the letters are valuable from description of attachments (To exclude speculation from the employee) and, of course, with a notice of delivery.

What is considered a break?

Vocabulary

Absenteeism - lack in the workplace without good reasons throughout the day (shift), regardless of its (its) duration, as well as the lack of workplace without valid causes for more than four hours in a row during the working day (shift) (sub. "A "P. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation).

There is no exhaustive list of valid reasons for the absence of an employee at work. For evaluation, the offense should be guided by judicial practice:

1. Respectful reasons There is no court in the workplace in some cases:

  • a visit to the lawyer in order to obtain a consultation on violation labor rights (Definition of the Moscow Regional Court of 24.11.2011 in case No. 33-26558);
  • being on vacation without saving wagesWhen such a vacation, the employee is put on the law according to Part 2 of Art. 128 TK RF (the appellate definition of the Kemerovo Regional Court of 17.08.2012 in case No. 33-7790);
  • employee disease, including in the absence of a disability sheet (the appellate definition of the Supreme Court of the Republic of Mordovia dated March 21, 2013 in case No. 33-426 / 2013);

Note Scientific Editor

Note that there is both the opposite judicial practice, for example, the definition of the Chelyabinsk regional office of July 10, 2014 No. 11-7179 / 2014 on the recognition of the abuse of the right to uncheck an employee of the employer on its temporary disability and the absence of obstacles in this case to dismiss the employee at the initiative of the employer.

  • fire, short circuit, emergencies, natural disasters (the appellate definition of the Khabarovsk regional court dated 03/01/2013 in case No. 33-1372 / 2013).

2. Disrespectful reasons Definitely admit:

  • unauthorized cessation of work before the expiration of the employment contract (Art. 79 of the Labor Code of the Russian Federation) or dismissal warnings (part 1 of Article 80, Art. 280, Part 1 of Art. 292 and Part 1 of Article 296 of the Labor Code of the Russian Federation);
  • unauthorized use of goals days or self-removal care (sub. "D" p. 39 Resolutions of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On Application by the courts Russian Federation Labor Code of the Russian Federation "(as amended from 09/28/2010).

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

What to do with the stroller

According to the Labor Code of the Russian Federation, the employer has the right to dismiss the employee for the program (sub. "A" p. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation), but it is not obliged to do it. Moreover, in accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, with the imposition of disciplinary recovery, the severity of the perfect misconduct and the circumstances under which he was committed.

Extraction

from the Labor Code of the Russian Federation

Article 193. The procedure for applying disciplinary penalties

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

Unposable explanation by an employee is not an obstacle to the use of disciplinary recovery.

Disciplinary penalty is applied no later than one month from the date of the misconduct detection, not counting the time of the employee's disease, staying on vacation, as well as the time required for the opinion of the representative body of workers.

Disciplinary recovery cannot be applied later than six months from the date of the misdeeding, and according to the results of the audit, testing of financial and economic activities or an audit - later than two years from the date of its commit. The time of production in the criminal case does not turn on this time.

For each disciplinary misconduct, only one disciplinary penalty can be applied.

The order (order) of the employer on the use of disciplinary action is announced by an employee for painting within three working days from the date of its publication, not counting the time of the absence of an employee at work. If the employee refuses to familiarize himself with the specified order (ordered) under the painting, then the corresponding act is drawn up.

Disciplinary penalties can be appealed to the employee to the State Labor Inspectorate and (or) authorities for the consideration of individual labor disputes.

Council

If there is no confidence that the employee is missing without good reasons, we recommend periodically to call him in the presence of witnesses, to make acts about the results of the negotiations, and also periodically (for example, once a month) send custom letters with the requirement to explain the non-appearance.

If the worker really strives, you should write an office note on the name of the head of the Organization with a detailed presentation of all the circumstances, allowing to qualify the absence of an employee as a walk, and attach all available documents to it (acts about the absence, notification of the presentation registered letters or returned letters, service notes of workers, clarifying the circumstances of the failure, etc.). These documents are grounds for the dismissal of the employee for the walk, and all of them Must be listed in the layout of the dismissal. The date of dismissal of the employee will be the date of signing by the head of the organization of the order of the permissal of the trash (HC. 3 and 6 Art. 84.1 Tk of the Russian Federation). In the order (as well as in the employment record, and personal card), a record of the reason and the foundation of the dismissal should definitely repeat the wording set out in Labor Code RF ("Fired / dismisted for the program").

With missing employees, the situation is ambiguous:

NOTE

Pregnant women dismiss forbidden, even if the belly is confirmed!

Worker fired. WHAT'S NEXT?

Part 2 Art. 84.1 TC RF obliges the employer to familiarize the employee under the painting with the order of dismissal, and part 4 of the same article - to issue on the day of dismissal labor book.

According to Part 6 of Art. 84.1 TK RF, if the employee is fired for the program, the employer is responsible for storing the employment record, but there is an obligation to issue it no later than three days from the date of receiving the written appeal of the employee.

At the order of dismissal, the mark should be made about the impossibility of bringing its content to the attention of the employee in connection with its absence at work (part 2 of Article 84.1 of the Labor Code of the Russian Federation). Recommended to make a similar record in your personal card.

Regardless of the foundation of the dismissal, on the day of the dismissal, you must make a complete calculation with the employee: to pay all the marked wages, as well as compensation for unused vacation. If the employee has no bank cardThe accrued amounts are deposited.

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

Conclusions:

  1. A clear fixation of the failure will help if the fact of absenteeism is confirmed, and it will not hurt if the employee brings a disability sheet.
  2. Inspection by an employee of an explanation is not an obstacle to the use of disciplinary penalties. When you impose disciplinary recovery, the severity of the perfect misconduct and the circumstances under which it was perfect were performed.
  3. Regardless of the recovery used, it is necessary to strictly observe the order prescribed in Art. 193 TK RF.

Accordingly: temporary disability with a manual, temporary disability without paying or walking.

Accordingly, there is no need to send an employee dismissed for the program, notice of the need to pick up the labor book - Approx. Scientific Editor.

Are there any good reasons for the absence of at work? Some employers joke that only death is considered a valid reason for the passage. But often the nebid for work is due to the disease, a wedding or an exam at the university. Let's figure it out what is driving and what reasons can be considered respectful.

What is the belt

The absenteeism is considered the absence of an employee at work for more than 4 hours in a row, but provided that the lunchtime was deducted, which is given to a person under the law. The period of absence of a less specified period must be recognized.

Genches are divided into two categories:

  1. Without good reason. Such a program can cause if the employer does not appoint an employee of another punishment.
  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 arguments of the employee with respectful and dismissed it. Then the employee can go to court and appeal the decision.

Analyzing the circumstances of modern life, you can identify some valid reasons for the absence of an employee.

Causes of personal character

1. Disease or injury.

The nebody to work is due to the health of the employee when a person turns to the hospital, but the hospital leaf does not start. Many people refuse hospital to keep wages. In this case, the employee must provide a certificate from the doctor where the reception date will be specified.

2. Medical examination.

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

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

3. Child disease or other family member.

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

4. Unexpected breakage in the field of utilities.

These reasons include a gas leakage, a breakthrough of heating pipes or water supply, circuit of electricity or a fire.

5. Participation in state processes.

The cause of the absenteeism is considered valid if the employee is in the courthouse on the agenda, for example, as an plaintiff, a witness, a jury or a representative of the Election Commission. According to Art. 46 of the Constitution of the Russian Federation, such a reason is respectful, because a person has the right to personal participation in court.

6. Salary delay.

Delay pay payments for more than 15 days can also be a valid reason. The employee has the right not to go to work, but must notify the employer written about this. According to Part 2 of Art. 142 TK RF, the absence may continue until at least part of the wages is paid.

Causes of absenteeism provoked by an external factor

Circumstances may not have a relationship for personal reasons. All that can be attributed to force majeure situations, justifies the absence of a person at work within 4 hours or more.

Force majeure situations:

  1. Elevator breakage in the house - the employee is stuck in the elevator and could not come to work.
  2. Road traffic accident.
  3. Malfunction of transport, if there is no possibility to transfer to another bus, trolleybus, etc.
  4. Natural obstacles (flooding, ice, strong gusts of wind).
  5. Epidemiological situation in the settlement and mandatory vaccination.
  6. Flight delay, which creates obstacles for timely return home from vacation, business trips or other trips.
  7. Lack of tickets at the box office of any road, water or air services.

If the employee has a confirmation that the program has occurred due to serious circumstances, then you can not dismiss him.

Reasons for absenteeism who are known in advance

Sometimes other circumstances that arose on the eve of or were known in advance may be a reason for the nebid to work. Such reasons can be attributed to the wedding, the birth of a child or the death of a close relative.

Also, the employee has the right to receive additional weekends, which are not paid by the employer and cannot be considered a break. But the employee is obliged in writing to warn the manager about these circumstances, if there is no such possibility, you can simply call. According to Art. 128 of the Labor Code of the Russian Federation, the period of absence in the workplace cannot exceed 5 days.

The employee has the right to receive additional weekends, which are not paid by the employer and cannot be considered a break.

Not always a walk happens by the will of the employee. Sometimes a person is forced to stay or not to come to work at all because of unforeseen circumstances. But if there is a justification for the absenteeism and it is respectful, then you do not have the right to exceed your powers and deprive an employee of the work. Before you publish, let the subordinate opportunity to justify.

One of the grounds for the dismissal of an employee at the request of the employer is to walk, but sometimes there are situations when employees are not in time or leave jobs for good reasons. To avoid legal proceedings, managers need to know a specific list of problems in which the termination of the employment contract will be considered illegal. Read also an article ⇒

What is for the TK RF?

A complete list of grounds for which employers may dismiss their subordinates on their own initiative, is listed in Art. 81 TK RF. Among them there is a row - the lack of more than 4 hours in a row in the workplace without a valid reason.

For termination labor relationship Because of the passage of the subordinate, the following is necessary:

Act Description
Fixation of absenteeism Create an act and ask for two other witness workers to sign in it. The proof can also use video recordings and memorandums.
Celebration of explanatory note from the guilty employee Within two working days, he must provide a written explanation (Art. 193 of the Labor Code of the Russian Federation). If this did not happen, the corresponding act is drawn up.
Drawing up an order of dismissal Must contain a description of the cause and reference to Art. 81 TK RF, indicating the legality of the employer's actions
Familiarization of the employee with order In the document, he puts his signature. If it refuses to sign, the corresponding act is drawn up.
Including information in a personal card and labor book The reason for dismissal on the basis of PP is indicated. A claim 6 of Art. 81 TK RF.
Full calculation On the last day of work, salary and compensation for vacation remains

List of valid causes

Sometimes circumstances occur when the working people cannot predict their non-appearance in advance, and it will not be considered a skill:

  • Disease or injury. To confirm the hospital sheet.
  • Delay vehiclenext to the place of work on the schedule.
  • Sudden hospitalization of a close relative.
  • Fires and other emergencies.
  • Natural disasters.
  • Faults of utility networks (flowing water, gas leakage).
  • Getting into an accident along the way to work (a certificate of traffic police will be required).

For good reasons for absenteeism and salary delay. According toh. 2 tbsp. 142 of the Labor Code of the Russian Federation, if the employer delays it by more than 15 days, employees may not go to work, previously known him in writing.

The walk is considered respectful and in family circumstances.

  • birth of a child
  • death of relative.

In this case, the employee may ask for a vacation without a length of up to 5 calendar days on the basis of Art. 128 TK RF.

Below will consider an example of a reasonable dismissal for the program:

Savelyeva I.V. It works in the manager's LLC, its working day begins at 09 o'clock. 00 min. On the way to work, she falls into an accident, no injured. The traffic police personnel leaves 3.5 hours. After drawing up the accident circuit, the culprit together with Savelieva I.V. They are sent to the traffic police department, where all documents are issued.

Subsequently Savelieva I.V. Provides a certificate of incident to the head so that the absence of at work was not recognized as a skid.

What causes are disrespectful?

The specific list of disrespectful factors of the TC RF is not envisaged, but judicial practice There are several situations when dismissal percentage was recognized by legitimate:

  • Unpossal hospital sheet For the entire period of the disease.
  • Care on any vacation if the application is not signed by the head.
  • Care for a relative, located in inpatient treatment, if there is no need.
  • An employee of commercially and without good reason left the workplace without coordinating it with the boss.
  • Strolling circumstances are unknown, but the employee himself refuses to give explanations.
  • If a person has slept, did not want to go to work or just forgot.

In the latter case, prove the program is problematic: as a rule, employees still come up with respectful reasons and indicate them in explanatory, in order to avoid dismissal.

In Italy, from the beginning of 2017, they are actively struggling with the borrowing of civil servants. According to the idea, the perpetrators are punished with home arrest or dismissal. "If we see that the head does not punish the perpetrator, our employees intervene. If the defendant does not dismiss his boss, sanctions are imposed on it, "said Marianna Madia, Minister of Public Administration.

What disciplinary recovery exist?

Conclusion

Dismissal for the run in some cases is considered illegal if the employee did not appear on a valid reason. It is necessary to take into account employers when making a decision on the use of disciplinary recovery, in order to prevent errors and not dismiss the illegally employee, and without the difficult situation.

Hello! This article is told about the causes of absenteeism.

Today you will learn:

  1. Disrespectful and respectful circumstances of the failure to work;
  2. about the nebid for production;
  3. What punishments are applied for unauthorized training and whether it is possible to impose a punishment for the failure to appear for a valid reason.

The concept of absenteeism

Speaking easy to speak absenteeism - This is the absence of a person on the spot labor activity For some time due to or without it. According to the Labor Code of the Russian Federation, the term program is defined as a nebody to work for more than 4 hours for a disrespectful reason and less than 4 hours by valid.

According to this terminology, the lack of in the workplace can be divided into two types:

  1. Without a reason, that may later end out the dismissal. But in some cases, management can take other punishment of his worker.
  2. For any reason, that is, the absence is justified.

According to labor legislation, the employee may apply for help in court if the employer has neglected a valid reason and decided to resort to.

  • For what time did the nebody come, that is working time or time intended for rest;
  • How much does the absence continue;
  • How many times for shifting or during the working day, a person was leaning from the performance of the production task.

In practice, walks at work - it is bad, but before you will be fired, you need to know the elementary concepts of labor legislation.

Drilled qualifies as a violation manufacturing processWhy may fall losses and damage to the organization.

Disrespectful causes of absenteeism

The concept of the disrespectful cause of the Labor Code of the Russian Federation is not defined. It follows from this that the employer himself is entitled to evaluate the legitimacy and importance of the unheard to work or the absence of some time on it.

The lack of a list of disrespectful reasons does not give the right to the employer regarding equivalent to each nebody as a self-altitude. To this definition, he must take full responsibility, otherwise the precedent will be considered in court.

As a rule, the Court proceeds from legal and disciplinary responsibility, that is, all the proportionality and legality of the case takes into account. In this case, the test of the causes and motives of the absence of an employee in their place are subject to verification. And if a valid cause of absenteeism is revealed, the employer will incur punishment in this case.

When identifying the factors preceding the non-appearance of an employee, the employer must apply the punishment commensurate with an offense employee, as well as to take into account the previously identified disciplinary measures.

What is a valid reason for absenteeism

The moments are coming when you can not attend your workplace. And in some cases are not trying to warn your boss about it. This can cause disagreements between you and leadership. Therefore, it is better to bother about it in advance and notify about the deliberate nebody.
What may be the causes of such a non-appearance:

The circumstance of non-appearance

Characteristic

The reasons for which it is impossible to get to work. It can be a strong buran, in the case of which the jam on the roads, Purga. Strong frosts are also an obstacle to come to the workplace. As a result, there are traffic jams on the roads, bad visibility. For such reasons you do not have the right to dismiss if it is set out in advance in the explanatory

Introduced release from vacation

An employee may not come out on time from vacation if the weather conditions accompanied this. This cause the boss must take into account as respectful

Administrative arrest

If an employee is arrested, or it is detained as a witness or accused, this is not the reason for the stake in the work time accounting

Malfunction of public transport

In the case when you have to get to work public transportbut during the passage there was a breakdown, it is regarded as a valid reason

Care from work

Care for sick member of your family for passing medical inspection or surrender analyzes. In this case, you need to reinforce your own care from a doctor or disability sheet

An accident occurred in your house

If a plumber or other specialist come to you to eliminate the accident and your presence is necessary. But in this case, if you yourself called such an employee to stay at home, then this is a disrespectful reason

Crawling on the roads during the passage to work

These may have emergency accidents during travel on their own car or public transport.

Independent Redemption for Health

If in the workplace it became bad, the employee can go to the doctor, the proof of what is written or an outpatient card with records of visiting a doctor, as well as the direction to the doctor

Late payment of wages for more than 15 days

Long-term salary delay may cause the restlessness of the workplace, but necessarily decorated in writing, which is regulated by Art. 142 TC

If, at the end of the school session, the employee for some reason could not appear on time, but this will follow the explanation, then these are good reasons

In any case, about the reason for the untimely arrival to work, you must inform the director in advance. This may be set forth in writing upon arrival at work, a call from a mobile phone to the head or any other leadership specialist.

According to the above circumstances in the lack of in 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, given all the nuances of its occurrence.

Another group of factors confirming the most respectful absence during the work shift are force majeure:

  1. Malfunction of the house elevator.
  2. Flooding, fire, robbery.
  3. The sudden attack of the epidemic on the territory of the employee and the need for quarantine.
  4. Delayed transportation during holidays, business trips and travel to work.
  5. If there are no tickets for the next flight.

Such barriers to work should be supported by written explanatory indicating the cause. If there are other evidence of the ons of the force majeure situation, then apply them to it.

There are moments when the circumstances are known in advance:

  • The strongest disease of the relative, which ends with a fatal outcome;
  • The relative was born a child;
  • Birthday campaign;
  • Wedding campaign.

Usually about such reasons are known, so it is not difficult to write an explanatory one for the occurrence of the very reason for the failure. As a rule, there are still several unpaid weekend days, which do not exceed 5 days, which is written in TK Art. 128.

Additional weekends, which occurred to resolve the manager, are not equal to the absenteeism.

Excreation explanatory

Not every employee knows how to make explanatory explanatory and how to point out the cause of the unreacted work. It is correctly a formulated reason that is the legal basis of your absence and protect you from illegal dismissal.

A written explanation of the non-appearance is a document that is properly by a skimmer in an arbitrary form, but with the preservation of business style.

Writing a document:

  1. At the top, the right corner is written a complete or abbreviated name of the organization, the name of the head, to whom an employee is drawn with explanations.
  2. The center of the sheet indicates the name of the document. In many organizations, this is an explanatory note on the failure to appear.
  3. Below is a description of the circumstances of the absence of work, which is set out arbitrarily.
  4. Below the autograph trash and the date of compilation.
  5. You need to list documents confirming the fact of the unheuma, there are those of those available with their application to the note.

All attributes of notes must be written correctly, without distorting facts. Must be present business style writing. All the facts and reasons are set out straight, without emotional replicas.

There are moments that have a dual character and can be regarded by an employee on the one hand, and the employer on the other. For example, if an employee was absent at the workplace of more than 4 hours, but attended the enterprise's workshop - it did not go. If the time of separation from production was exactly 4 hours and a minute more - it did not go. If for some circumstances an employee could not notify the head of a valid reason, but this is a documentary confirmation - it did not go.

The onset of such moments must be fully reflected in the note. After drawing up explanatory, it must be burned in the journal of incoming correspondence at the secretary and transferred to the signing to the head.

The deadlines for the preparation of the document that make up two days from the moment of absenteeism are established.

Punishment for drilling without good reason

If the employee actually has a disrespectful cause of the unreacted, the employer has the right to attract him to justice, in some cases it ends with dismissal.

Broken is the reason for the cessation of labor relations between the employee and his boss, which will result in the termination.

On the fact of the illegal absence, the act is drawn up. He can write to the head of the structural unit, in whose subordination is a walk.

Such an act should be drawn up at the time of the neboda and contain:

  1. Date of compilation.
  2. FULL NAME AND POSITION OF THE DOCUMENT DOCUMENT.
  3. The reason for compiling.
  4. FULL NAME of the employee who was absent at work.
  5. Duration of failure.
  6. Signature of the director of the company.

If there is an opportunity, then from the worker you need to take a written explanatory indicating the causes of the failure. If nevertheless it turned out the illegality of the absence, the director writes an order for disciplinary punishment, and then dismissal.

The order is compiled by the software that contains all the necessary points of the usual order, with the exception of the description of the essence of the order. It stipulates the reason for dismissal. The dismissed employee must be familiar with the order for the passage can appeal it in local labor bodies.

Another measure can be a reprimand for walking. This is at the discretion of the leadership. The most soft measure is the oral reprimand from the boss. However, sometimes it happens in writing, after which the order is published.

In some enterprises, a series of several crowds ends with dismissal. The astroita has its own duration, and it is equal to 12 months, after which it is removed from the employee. It may come before, but it all depends on the will of the director. A man who has gone will be talented with order for three days.

Is legitimately punishment for driving for a good reason

If a person did not appear at work for any reason and does not suit the phone, then this is not the basis of his absence to consider the absenteeism, until the clarification of all the circumstances. The punishment is imposed if the reasons are assigned to the separation section.

According to TC, the employee is not obliged to report in advance before the authorities about the forced string, but after which the written explanation should give. If after another appearance at work it turns out that the circumstances are important and due to the failure to appear, the boss should not subjected its subordinate to disciplinary measures. Otherwise, it can be appealed in court.

Maria Sobolev

How to walk work without unpleasant consequences?

How to work work - well, admit, such a question at least sometimes occurs even at the most disciplined employee. We understand - it is not good, but we are not robots and can afford the difference between the workplace. But the cause is respectful and convincing will have to come up.

How to walk work and not be dismissed

If you are lucky, you have a loyal guide, then almost any excuse will come out as an explanation of the reasons for the missed working day.

In general, for the rushing, with a strict authority, any employee may well threaten dismissal. At best, reprimand or fine. So you have to think in advance how to walk work without consequences.

Lack of workplace The most respectful reasons

An additional day of rest, or ran, you can ask in advance at the authorities for the work overtime or on weekends. It will not be paid, but stroll relatively legally - quite real. Warning about your intention to take the rank need writing.

Another option is not to come to work for a valid reason - to pass blood. In the morning, make a good deed and all day at your disposal. This is suitable, of course, not everyone. The donor may be not every state of health, and many of us are afraid of the procedure.

If nevertheless decided to such an option - refer to the donor point and the official explanation of your reluctance to work exactly today will be provided.

Alibi will provide a certificate that you visited the doctor, writing in an outpatient map. You could also become bad and you decided to urgently visit the doctor. But about his intention to seek medical help should be prevented by the authorities on the day of failure to appear.


Saves from troubles and certificate of child's illness or relative, who needs your help - accompaniment to the hospital, care, care.

How else to work work and not be dismissed: in the case of an urgent call for the repair team to eliminate emergency situations - problems with gas supply, breakthrough of the pipe, sewage break.

But the installation of plastic windows or installation of the entrance doors, which caused you to walk the work, the strict leader clearly will be angry. We will be able to convincingly talk to the boss - you are lucky.

If you have the opportunity to get lime references, do not hope that it will come down with your hands. One or two times the number may, and will pass, but when you abuse, the manual can and verify the authenticity of the documents.

Cause of the failure - what to say

Walking, of course, is not good. But since it happens almost with everyone, consider the most popular causes of failure to appear.

Most often, employees refer to poor well-being, and then there is a day chance to relax from work.

For example, you have triggered, and not to infect the team, we decided to treat it at home. We look for the reason for the cold depending on the season - in winter infections (infected from Julia from the accounting, picked up in a crowded trolleybus), in summer - air conditioning or draft.

Or a terrible migraine played, which will not give you the opportunity to fully work. Either you have a breakdown tooth - urgently will have to visit the dentist.


The version of your food poisoning sounds convincingly, it can easily happen with each. Something was eaten away or in a cafe - and here's the result. Day to sit at home.

Call with a complaint about your poor health it is necessary in the morning early - so convincing, the voice of the question will be more like a sick. In addition, you are very worried about your absence and warn about it in advance.

And to simulate a cold can be drawn by the nose of water, the illusion is a cold will be provided. When return to work, continue to depict weakness, drink some tablets. Play the role, so to the end.

Strolled work - what to do

How to be, if you strolled work - writing explanatory, with what even before you will be asked to prevent it. Describe the conquering cause and circumstances of your absenteeism, better if the note is supported by some papers (certificates, telegrams, letters).

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

Those who work with customers can be inventing as an excuse of their absenteeism with someone from solid people: played bowling (billiards, squash) and discussed the details of the future contract.

Sometimes it helps to devour the banal fiction that the husband (child, mother) has taken both set keys and you could not close the apartment.


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

Lack of transport, accident, natural disaster - here are quite good reasons for non-appearance to 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 out this day fully at another time.

Each person may have a personal need to skip the working day, but it is always better to negotiate with the leadership and work out your watch then. Then it will not be necessary to break her head over how to walk work. And a small respite will help then work with great enthusiasm.


Take yourself, tell me friends!

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