The legislation clearly interprets the term absenteeism, but does not contain grounds on which the reasons can be considered valid and will not provide an opportunity to fire a “negligent” employee.

What is truancy?

The legislator interprets absenteeism as a long-term absence of an employee from the workplace without a valid reason. A time of 4 hours or more can be taken into account.

To minimize losses, the employer must take some preventive measures:

• be sure to familiarize employees with the Internal Rules labor regulations, which should display how and within what time frame personnel should report their absence so that the manager can timely redistribute the responsibilities of the absent employee among other personnel;
• the head of the department or other authorized person must have a list of employees who can replace each other;
• the head of a department or other unit must have a reminder of what he is obliged to do if an employee is absent from the workplace without a good reason.

An example of a memo for an employer:

1. In the absence of an employee, the manager is obliged to call back his known telephone numbers, home or mobile;
2. Specify the reason for absence;
3. Talk with the staff, perhaps the absent person reported something to his colleagues; if this happened, then it is better for the employees to put the information in writing;
4. The drawn up act must describe the measures taken to find the truant;
5. Transfer of all documents to the personnel department.

Recording a no-show

If an employee fails to appear, a report must be drawn up.

It is on a detailed statement of the fact that an employee is absent from the workplace without a good reason that his future fate at this enterprise will depend. Perhaps the person simply got sick or found himself in another difficult situation.

The report must be drawn up in front of witnesses; it is better to involve personnel from another department, so that in the future, the truant will not be able to put pressure on his colleagues, or prove that the report was drawn up under pressure from his superiors.

The administration of the enterprise is not required to take immediate measures to find the employee; however, if the person lives alone and the phones are not answered, then it is recommended to go to his home. If no one opens the apartment or house, then it is better to ask the neighbors when they last saw the person; if no one can provide any information, then the logical step would be to call the local police officer to open the premises.

If no measures to search for an absent employee have yielded any results, then it is recommended to draw up an act of absence almost every day. The report card is marked with the letter code “NN” and the person with the numeric code – 30.

It is these two documents that serve as evidence in court proceedings, so their execution should be approached carefully.

The process of finding out the reasons for absence

An employee could get sick and not report it to his superiors.

If a truant shows up, presenting a sick leave certificate or a certificate from a medical institution, then all the documents drawn up about the absence should not be destroyed.

In cases where the employee was truly absent from the workplace without a valid reason, a written explanation should be required from him. If the truant refuses, it is recommended to make a written request and hand it over to him against signature.

Such evidence in court proceedings is much more effective than oral explanations from the employer.

The notice of the need to explain the reasons for failure to appear is not regulated by any regulatory act, but must contain the details of the enterprise, the details of the truant, a request for a written explanation of the reasons for failure to appear. specific deadlines. As a rule, it does not take much time to draw up an explanation; it can be 2 or 3 days.

If within the specified period the employee has not submitted an explanation, then the employer is obliged to draw up a corresponding act.

If an employee refuses to explain his absence in writing, he is not deprived of the right to use disciplinary action, including termination of the contract. This is prescribed by law.

What reasons can be valid?

Not all reasons are valid.

The administration of the enterprise can independently decide the “fate” of an individual employee, whether a specific absence is considered a day of absenteeism. If the staff did not have malicious intent and made mistakes in good faith, then such absence cannot be considered absenteeism.

The legislation provides options when the employer is obliged not to recognize absence as absenteeism in the following cases:

• provision of sick leave or an extract from a medical record;
• performance by an employee of public and state duties, for example, if a particular employee is a member of the election commission;
• if the employee is a donor.

In addition, if an employee was unable to get to work on time, or could not at all, due to freezing rain or a snowstorm, then no court will recognize such a reason as not valid.

A valid reason for absence is also an appearance in court, or at the tax authorities to give evidence, as a witness, or as another person. Such confirmation is reflected in the decisions of the Supreme Council.

A fire or short circuit in the house, accidents on the way to the workplace, and other unforeseen life circumstances are also valid reasons and cannot be a reason for dismissal for absenteeism.

Regarding being late from regular vacation, the opinions of specialists and courts are ambiguous. For the most part, dismissal from a position for such a reason is recognized as legal, since the employee is obliged to plan his trips in such a way that possible unforeseen situations, late plane or train, and adverse weather conditions are taken into account.

If the employee decides to leave workplace or did not show up at all, citing the fact that his computer was broken or there were no clients, will certainly be interpreted as absenteeism.

What to do with a truant?

Disciplinary action may be taken for absenteeism.

An employee’s absence from the workplace without a good reason is a real reason to get rid of “unnecessary” personnel. Although, in addition to dismissal, disciplinary punishment may be imposed, but no later than 1 month from the date of the incident.

One offense can only be punished once. The employee must be familiarized with the signature. If the employee does not want to sign, then the employer draws up a report.

It should be remembered that a truant has the right to go to court to protect his rights. In this case, the employee will have to be reinstated and the average salary paid for the period of forced downtime. To avoid such a situation, it is recommended to follow the evidence collection and dismissal procedure.

First of all, there must be written confirmation of the employee’s absence from the workplace, these are absence certificates, memos, explanatory and other supporting documents. You should not draw up such documents retroactively, but draw up everything on the day of absenteeism.

Further registration of dismissal is carried out according to general rules. The employer is obliged to convey his decision to the employee in writing, with an introductory signature. If for some reason it is not possible to familiarize the employee personally, then a corresponding mark is made on him.

The day of dismissal is considered the last working day, even if the absentee was absent from the workplace. The Labor Service takes the position that the last working day that preceded absenteeism is the day of dismissal.

Under any circumstances, employment history must be issued on the last working day, even if the contract is terminated due to absenteeism.

The imposition of a disciplinary sanction, including dismissal, cannot occur later than 1 month from the date of the offense.

Regardless of the reasons for dismissal, the employer is obliged to make a full financial settlement with the employee on the day of his dismissal. In the event that wages are not transferred to bank card, all accrued payment is deposited until the dismissed employee applies to receive it.

Remember, you cannot fire a pregnant woman, even if she is a habitual truant.

Never fire a truant on the day of his absence, without a written explanation of the reasons for his absence.

You should find out why the employee has been absent for a long time.

Much the situation is more complicated When an employee is absent for a very long time, the employer fails to find out the reasons for the absence. It is recommended to call him periodically, preferably with witnesses, and draw up a report.

You can send once a week postal items to the truant’s residential address, with a request to explain the reasons for the absence.

The courts confirm the right of the administration to dismiss for absenteeism a person to whom a notice was sent home, which was returned with a mark of delivery, or vice versa, the letter was returned due to the expiration of the storage period or the recipient refused written confirmation of delivery of the notice.

There may be a situation where an employee was imprisoned for 15 days for an administrative offense. On the one hand, terminate employment contract with a convicted or detained person is not possible, but this applies to criminal prosecution.

Administrative punishment is not a basis for maintaining a job, since this is a different proceeding from criminal proceedings.

The practice of considering such court cases is ambiguous.

To summarize, dismissal of personnel for absenteeism requires clear written documentation and compliance with all norms of current legislation.

From this video you will learn what to do if an employee does not communicate.

Form for receiving a question, write yours

Absenteeism is a disciplinary offense, often leading to dismissal from work, but the manager does not have the right to expel an employee for the very fact of absence from work. work time. Let's figure out what is considered absenteeism and under what conditions a penalty is imposed, and also name the circumstances indicating the absence of an employee for a good reason.

Absenteeism in the Labor Code of the Russian Federation is understood as a violation of labor regulations, consisting of prolonged absence of an employee from the workplace without good reason.

The administration of the enterprise has the right to recognize the employee’s actions as absenteeism under three conditions:

1. failure of a staff member to appear at work for more than four hours in a row;
2. the employee was absent without a valid reason or could not confirm his absence due to circumstances beyond his control;
3. the disciplinary violation was correctly recorded and documented.

Does not become a basis for punishment for absenteeism according to the Labor Code:

1. absence for exactly four hours;
2. absence for more than four hours a day in total - two hours in the morning plus two and a half after the lunch break, etc. Such actions constitute two delays;
3. absenteeism from work on weekends/holidays, unless the person has given written consent to work on these days.

Important: an employee has the right to challenge his absence from the workplace if he is not officially assigned a specific workplace.

Systematic absenteeism does not leave the head of the organization a choice - a dismissal order is issued.

Absenteeism is also distinguished depending on other factors:

• on probationary period– a good reason to recognize the employee as having failed the test;
• on a business trip - absence from work is recorded in the standard manner, documents are sent to the place of main work, where a decision on recovery is made.

Absenteeism without good reason

Absenteeism from work has negative consequences only if there are no good reasons, excluding the fact of misconduct.

Personal circumstances

Absenteeism from work due to a number of personal circumstances is not considered absenteeism:

Did you know

In labor practice, a very common occurrence is absenteeism of a pregnant woman due to visits to the doctor. In this situation, the employer cannot fire the pregnant woman on his own initiative. Read more in this

• illness of the employee or his child - if you do not want to issue a sick leave, it is confirmed by a certificate from a medical institution;
• a summons to court or to an investigator - confirmed by a summons;
• emergency situation at the place of residence - confirmed by a certificate from the organization that eliminated the accident.

A specialist will talk about the intricacies of punishment for absenteeism, about valid and disrespectful reasons in the video below:

Force Majeure

A person’s failure to appear at work is also justified by force majeure circumstances:

• breakdown of an elevator with an employee in the cabin;
• traffic accident;
• flight delay or lack of tickets for the required type of transport, as a result of which the employee was late from a business trip, vacation or other trip;
• strong gusts of wind, flooding or other natural obstacles;
  other.

Finding himself hostage to force majeure, a person must find a way to confirm these circumstances.

Please note: failure by an employee to provide documents or other evidence of absence for a good reason will result in punishment for absenteeism without good reason.

Events known in advance

The reason for not showing up at work is often an event known in advance:

• funeral of a relative;
• wedding;
• another important event.

But in such cases, nothing prevents the employee from notifying the manager in advance and asking for a dismissal note or leave at his own expense. If the administration was not warned about absenteeism, it has the right to treat it as absenteeism.

According to Art. 142 of the Labor Code of the Russian Federation, an employee has the right not to appear at the workplace without a good reason in the event of a delay in payment of wages for a period of more than half a month. But even in this case, he must notify management of his intention in advance. By the way, about how long wages can be delayed by law - read this

A specialist will answer your questions in the comments to the article

O.G. Khmelevsky, lawyer

Employee absence: absence for a valid reason or absenteeism?

Everyone knows that absenteeism can be grounds for dismissal. Absenteeism is the absence of an employee from the workplace during working hours for more than 4 hours in a row without a valid reason. subp. "a" clause 6 of Art. 81 Labor Code of the Russian Federation. At the same time, the list of valid reasons in labor legislation No. And in each specific case, the employer, or rather, the manager, needs to figure out why the employee was absent and how valid this reason is. We will not try to compile such a list; it is impossible. Let us give just a few examples from judicial practice in which cases the courts recognized the reason for the absence of an employee as valid, and in which not.

When there is a good reason

To be fair, it must be said that the legislation still provides for something. If an employee is absent due to illness and brought a sick note- a valid reason is undeniable.

In addition, the Labor Code of the Russian Federation requires the employer to release the employee from work for the duration of his performance of state or public duties Art. 170 Labor Code of the Russian Federation. For example, when an employee is a member of an election commission and Art. 165 Labor Code of the Russian Federation; Art. 12 of the Law of November 26, 1996 No. 138-FZ or juror Part 1 Art. 10, part 3 art. 11 of the Law of August 20, 2004 No. 113-FZ. Moreover, the employee does not need to pay for “state” or “public” days. Whoever engaged the employee to perform these duties must compensate him for the earnings lost during this time. Art. 170 Labor Code of the Russian Federation.

But in the case of a donor, the employer is obliged not only to release the donor from work on the day of the medical examination and blood donation and provide him with an additional day of rest, but also pay him his average salary for these days Art. 186 Labor Code of the Russian Federation.

Not every absence is absenteeism, but not every reason is valid

The presence of a sick leave certificate confirms that the reason for the employee’s absence is valid. But what if the employee visited the doctor, but did not receive sick leave? The absence of a certificate of incapacity for work by an employee does not in itself indicate absenteeism. Thus, the Moscow City Court declared the dismissal of an employee illegal despite the fact that he did not provide sick leave Determination of the Moscow City Court dated August 10, 2010 No. 33-23831. Confirmation of the justification for the employee’s absence was an extract from the employee’s medical record issued by the hospital.

After all, the reasons for visiting a doctor are different. Let’s say an employee decides that he is sick and goes to the doctor. Perhaps the reason for seeing a doctor was eliminated during the appointment, or the doctor did not find any cause for concern, did not issue a sick leave certificate, and the employee reported to work.

At the same time, the same Moscow City Court recognized the dismissal of an employee as lawful when the employee went to see a doctor, but he was not recognized as incapacitated and sick leave was not issued, but he still didn’t show up for work, although he had such an opportunity Determination of the Moscow City Court dated October 28, 2010 No. 33-34051.

But absenteeism from work due to independently extended leave for the period of illness is not a reason to dismiss an employee, even if he did not have the opportunity to notify the employer of his illness in a timely manner. This point of view was expressed by the Supreme Court in a case where an employee returned to work after a vacation a few days later due to illness. Determination of the Supreme Court dated October 4, 2013 No. 69-KG 13-4. After all, the employer is obliged to extend leave in the event of temporary disability of the employee and Art. 124 Labor Code of the Russian Federation, therefore, if an employee fell ill on vacation and was not able to notify the employer about it, and when he returned to work, he presented his sick leave, there were no grounds for dismissal.

Another valid reason for an employee’s absence may be summons as a witness, in particular to the court, internal affairs bodies, and tax authorities. After all, the witness is obliged to appear to testify, otherwise he may be brought to trial or held accountable. clause 1, part 6, part 7, art. 56 Code of Criminal Procedure of the Russian Federation; Part 1 Art. 70, part 2 art. 168 Code of Civil Procedure of the Russian Federation; clause 1 art. 90, art. 128 Tax Code of the Russian Federation; Part 2 Art. 56, part 2 art. 157 Arbitration Procedure Code of the Russian Federation. The Supreme Court also confirmed that calling an employee as a witness is a valid reason for absence from work. Determination of the Supreme Court dated April 30, 2010 No. 6-B 10-1.

Can it be considered a valid reason? returning from vacation “late”, when an employee spent a vacation away from his place of work and residence and was unable to return in a timely manner for reasons beyond his control? Of course, one could argue about the need to plan a vacation so that force majeure does not affect the return from vacation. Moreover, flight rescheduling or delays are not uncommon. Unfortunately, we cannot say that this issue is closed.

WE WARN THE MANAGER

You cannot fire an employee immediately after he fails to show up for work. It is necessary to request an explanation from him and, on their basis, decide whether the reason for his absence was valid. Otherwise, the employee may be reinstated at work through the court, and then the employer will have to pay him the average salary for the entire period of forced absence.

The Supreme Court indicated that a valid reason for being “late” from vacation can be considered no tickets, if the employee can prove this fact Determination of the Supreme Court dated March 30, 2012 No. 69-B 12-1. At the same time, the Moscow City Court, under similar circumstances, recognized the dismissal of an employee as legal, indicating that the employee is obliged to plan trips in such a way as to guarantee a timely return to his place of permanent residence and ensure a timely return to work. Appeal ruling of the Moscow City Court dated June 18, 2014 No. 33-21879/2014.

But an employee’s failure to show up for work because, in his opinion, he has No work, could cost him dearly. Thus, the lack of clients, a working computer and a help desk legal system for analysis regulatory framework the court did not regard the employee-lawyer as a valid reason for absenteeism Determination of the St. Petersburg City Court dated February 27, 2014 No. 33-3165/2014. The court agreed that only the employer has the right to assess the appropriateness of an employee’s presence at the workplace in the case of a clown who skipped a rehearsal without a good reason. The court noted that making decisions on the provision, extension, early termination of the rehearsal period, as well as entering a number into the program falls within the competence of the employer, and not the employee. Appeal ruling of the Moscow City Court dated December 16, 2013 No. 11-37796. So, even if you are a clown, even a lawyer, even a scientist, even a taxi driver, be at your workplace during working hours. And if you want to independently determine your work schedule depending on expediency, you need to become an entrepreneur.

It’s also not a good idea to go on vacation on your own. best idea for the employee, even if he is the boss himself. The court recognized absenteeism without good reason unauthorized leave head of the administration of a city settlement in the case where the head of the city settlement canceled the order granting him leave and notified him about it Determination of the Perm Regional Court dated December 4, 2013 No. 33-11523-2013.

Retraining and advanced training during working hours on your own initiative- also not a valid reason but Appeal ruling of the Supreme Court of the Chuvash Republic dated February 10, 2014 No. 33-572-2014. Therefore, in such cases, the employee should either agree on training with the employer or overcome the craving for knowledge during working hours.

If an employee before vacation issues a health resort card during working hours for more than 4 hours in a row, then he can take procedures in the sanatorium as an unemployed person. The Moscow City Court decided that issuing a health resort card for an upcoming vacation is not a valid reason for absence from work for more than 4 hours, and recognized the employee’s dismissal as legal. Appeal ruling of the Moscow City Court dated December 18, 2013 No. 11-40466.

Who was given 15 days?

The question often arises: will there be a valid reason for absence from work if the employee was arrested for 15 days? The Labor Code of the Russian Federation provides such grounds for terminating an employment contract as convicting an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force. clause 4, part 1, art. 83 Labor Code of the Russian Federation. But even if the employee is in custody Part 42 Art. 5, part 7 art. 98 Code of Criminal Procedure of the Russian Federation, he cannot be fired before the court verdict. It is this norm of the Labor Code that supporters of the point of view that administrative arrest is a valid reason for absence from work refer to. However, the obligation to maintain a job until a court verdict, provided for in clause 4, part 1, art. 83 of the Labor Code of the Russian Federation does not apply to administrative arrest. Because in this norm we are talking about a sentence, and its passing is possible only within the framework of criminal proceedings. clause 28 art. 5, part 2 art. 47 Code of Criminal Procedure of the Russian Federation. Administrative arrest as a punishment is imposed by the court by decree within the framework of an administrative case. subp. 6 part 1, part 3 art. 3.2, clause 1, part 1, art. 29.9 Code of Administrative Offenses of the Russian Federation. And these are various procedural documents that are issued in different proceedings for different offenses. Consequently, there is a direct obligation to maintain a job for an employee subjected to administrative arrest in Labor Code No.

Often the impossibility of dismissing a prisoner is justified by the Resolution of the Presidium of the Supreme Soviet of the USSR in 1966, which states that the use of arrest is not grounds for dismissal from work clause 1 of the Resolution of the Presidium of the Supreme Soviet of the USSR dated July 26, 1966 No. 5363-VI. But this document is not the norm direct action, it only clarifies another that is not currently applied normative act Soviet era, so these explanations cannot now be used Decree of the Presidium of the Supreme Soviet of the USSR dated July 26, 1966 No. 5362-VI.

But is this a valid reason for being absent from work? There is no clear answer today.

Only 7% of respondents indicated that many of their friends have lost their jobs over the past 2-3 months

On the one hand, administrative arrest is established and assigned only in exceptional cases, when a person has committed an offense, the degree of public danger of which is such that the court does not find grounds for applying other, milder sanctions. Part 2 Art. 3.9 Code of Administrative Offenses of the Russian Federation. It turns out that if we recognize administrative arrest as a valid reason for absence from work, then we must also agree that the very fact of committing an offense, which became the reason for the arrest, can be considered as a valid reason for absence from work. Eat arbitrage practice, confirming that administrative arrest is not a valid reason for the employee’s absence from the workplace e Decisions of the Kholm City Court of the Sakhalin Region dated 04/03/2012 No. 2-256/2012, dated 03/30/2012 No. 2-262/2012.

Nevertheless, there are many court decisions in which administrative arrest is recognized as a valid reason, since the arrestee could not control himself during the arrest. Appeal ruling of the Altai Regional Court dated December 11, 2013 No. 33-9126/2013; Cassation ruling of the Supreme Court of the Republic of Karelia dated July 6, 2010 No. 33-1987/2010; Decision of the Ust-Abakan District Court of the Republic of Khakassia dated July 3, 2012 No. 2-502/2012; Decision of the Abakan City Court of the Republic of Khakassia dated January 25, 2012 No. 2-774/2012; Cassation ruling of the Court of the Yamalo-Nenets Autonomous District dated April 14, 2011 No. 33-940. Unfortunately, the fact that the person the day before disposed of himself in such a way that he was temporarily isolated from society is not taken into account. It turns out that if an employee overslept and was 4 hours late, then he can be fired for absenteeism. And if he is such a “notable” offender that he “earned” 15 days, he has much more rights and the employer cannot part with such a “treasure”.

However, since court decisions on the dismissal of prisoners are ambiguous, before making a decision to dismiss an employee in connection with such circumstances, it is better to study how the judicial practice on this issue develops directly in your region.

To whom to prove what?

Each party must prove the circumstances to which it refers. Part 1 Art. 56 Code of Civil Procedure of the Russian Federation. This means that in the event of a dispute, the employer must prove the fact that the employee was absent from the workplace. This may be an employee’s absence report, witness statements, data electronic systems control the arrival and departure of workers. The employee, in turn, must prove that he was absent for valid reasons. He can confirm this, in particular, with the testimony of witnesses, a sick leave certificate, a certificate, a summons. All this will be examined by the court in the event of a dispute.

WE TELL THE MANAGER

An employee cannot be fired for absenteeism later than 1 month after the last day of absenteeism, not counting the time of illness or the employee being on vacation Art. 193 Labor Code of the Russian Federation.

There was such a case. In his explanation of absenteeism, the employee indicated that he went fishing on his grandmother’s motorcycle, the motorcycle broke down, he was forced to abandon the motorcycle and walk home for three days. However, the Supreme Court of the Republic of Sakha did not accept the version of the “lost” employee as a valid reason for absenteeism, since witnesses did not see him at the fishing site, the motorcycle, according to neighbors, was disassembled in the grandmother’s garden, and the grandmother herself confirmed that from the place fishing on foot takes several hours Appeal ruling of the Supreme Court of the Republic of Sakha (Yakutia) dated 09.12.2013 No. 33-4750/2013. In our opinion, the situation does not need comment. As they say, if you decide to get lost in the forest for 3 working days, come up with a more plausible version.

It should not be forgotten that, even if the reason for the employee’s absence cannot be considered valid, it is up to the employer to decide whether to apply dismissal or any other punishment as a disciplinary sanction, since this is his right and not his obligation.

The main sign of absenteeism

I often come across a situation where an employee asks to “take a rest” for a couple of days without filling out a sick leave certificate. And our manager often goes along with it if the employee is conscientious and responsible. After all, this is beneficial not only for the business, but also for the employee - he is paid a salary for these days, and not a penny allowance.
But it also happens differently. The employee is first absent for two days, and then states that he was sick, but decided not to go to the clinic and was treated himself. In this case, the manager has a justified desire to fire him for absenteeism. And, perhaps, not so much for the absence itself, but for indifference to the affairs of the company.

As we know, one of the signs of absenteeism is the absence of an employee from the workplace without good reason. Will it bad feeling a valid reason justifying absence?
It must be said that judicial practice evaluates such situations uniformly:

• if an employee can confirm with medical documents that he is not feeling well, then the reason must be considered valid,
• If there are no supporting documents, then there is no good reason either.

By the way, I already wrote about the walk

What documents can confirm the fact of illness?

The absence of a certificate of incapacity for work only means that the employee is not entitled to receive sick leave benefits. But the absence of a sick leave certificate is not proof of absenteeism, since other documents can serve as evidence of illness:

• doctor's testimony,
• extracts from the medical card,
• certificates that all medical institutions are required to issue to citizens who seek medical help if they ask for such a certificate.

(Examples recent years: Appeal ruling of the Altai Regional Court dated 04/22/2015 in case No. 33-3396/2015, Appeal ruling of the Sverdlovsk Regional Court dated 09/10/2015 in case No. 33-12660/2015).

Practical work

Example 1.
The employee did not show up for work. She explained her absence by saying that she had a toothache, and in the morning she immediately went to treat it. To confirm her words, she brought an extract from the outpatient card, from which it is clear that she went to the clinic with acute pain, and she was provided with medical assistance. The dentist did not issue a certificate of incapacity for work. Was there a good reason?
Yes, this is confirmed by the extract.

Example 2.
The employee felt unwell in the morning and did not go to work. The next day, he finally asked for help, and the doctor issued a certificate of incapacity for work. How to assess the reason for absence on the first day? You probably already guessed that the reason for absence on the first day should be considered valid. The court almost always recognizes that the presence of a sick leave certificate already indicates that the employee was ill the day before (although in reality this is not always true).

Example 3.
The employee was absent from work all day. She explained her absence by saying that her child was ill; she called a doctor to her home, but the doctor did not issue a certificate of incapacity for work. In your opinion, is the reason for absence valid?
Don't rush to say: yes! This will depend on whether the employee is able to document the fact of the child’s illness. Having one unfounded explanation is not enough - you need documents: a doctor’s certificate or an extract from the child’s medical record.

You can find an analysis of other reasons for employee absence in the book “ Detailed Guide on dismissal for absenteeism.” You can read a fragment of the book.

The May holidays are just around the corner - a time when you can finally relax and take a little break from work. But what if you don’t want to go to work today? Agree, it happens that you seem to have earned the image of a hardworking employee, and your conscience is frankly against it... but you really want to skip work and continue to lie in a warm bed or on the couch, watching morning TV shows... And if the child is sick or you are in captivity powerless after last night's party?

No, you can, of course, hope for understanding from your superiors. But what if the relationship with the manager is not warm? Then, of course, it’s better not to skip – you know what the consequences are. But if you still decide to pass, you better enlist the support of the law - fortunately, it contains several options for successful maneuvering. Careerist.ru will help you find a truly “good reason.”

1. Donation

Probably the most proven way to avoid going to work is to donate blood. It allows you not only to realize your noble intentions to help humanity, but also provides material benefits in the form of food or monetary compensation at the donor center. Well, besides, according to Art. 186 of the Labor Code, on this day you can quite legally skip work. Moreover, the day after donating blood can be similarly missed, and this will not affect your salary in any way, so you will not lose money either. If there is no desire to rest specifically on these days, no problem; days off on the occasion of donation, at your sole discretion, can be transferred to any other day or added to the vacation. The main thing is that the bosses don’t get mad at such tricks... Although, the law is on your side, right?!

2. Work on weekends and holidays

If your bosses like to take advantage of your flexible nature and are ready to “drive” you out to work on Sunday, it’s time to use it against them. You shouldn’t immediately refuse to work on a day off, because it provides you with a good trump card in case your desire to sleep is stronger than your boss’s screams. So, according to Art. 153 of the Labor Code, if you are unlucky and your boss forces you to go to work on the weekend, then you may well demand a day off on another day convenient for you. But this is only if you do not need the money, because if you do not ask for an additional day off, the work must be paid double. If absenteeism is needed today, you can offer your boss a small reshuffle: a day off today, and back to work on Sunday. Perhaps he will agree...

3. Temperature violations

Not the most “corporate” way to justify your own absenteeism, but still. So, if the office is too cold in winter and too hot in summer, the employee has every right to suspend labor activity, having notified the employer about this in writing. In particular, according to the Hygienic requirements for microclimate production premises, the air temperature in the office during the cold period should not fall below 13˚C, and during the warm period – no higher than 28˚C. Violation of these limits can reduce performance, worsen your well-being and generally harm your health, and this, according to Art. 379 of the Labor Code, gives the employee the right to refuse to perform work by notifying his superiors in writing. Yes, and for this period your salary is retained. True, not every boss will tolerate such “maneuvers,” so if you’re going to sabotage the work, it’s better to work with the whole team.

4. “At your own expense”

Since Soviet times, in the corporate culture of workers there has been such a thing as going “at your own expense,” that is, getting an unpaid day off or several days off. Today this possibility also exists - according to Art. 128 of the Labor Code, for family and other valid reasons, at the employee’s written request, he may be provided with several such days “at his own expense.” The duration of such rest is negotiated with the authorities, and can even be 1 day. This, however, is only the right of the employer. But it can become his responsibility if, for example, you are a pensioner, a working disabled person, you have had a child, you are celebrating a wedding or your close relative has died, you combine work with study, and in other cases provided for in Art. 128 TK.

5. Corporate time off

Corporate time off, unfortunately, is rare and is not established by law, so not everyone has the opportunity to receive it. But if you are determined to skip work tomorrow, you might want to read your employment contract. The fact is that many companies practice providing employees with paid (or unpaid) time off without requiring an explanation of the reasons - corporate culture, what can I say. But you might not have been told about this when you were hired, so take the employment contract and carefully study the section “Rights and Responsibilities of the Employee,” “Working Time and Rest Time,” as well as “Other Conditions.” If, lo and behold, in these sections there is a rule about granting you time off, take care of your employer, only a few are so lucky.

6. Study leave

Studying and working at the same time is the lot of real heroes, so only for this they need to be given extra days off. But the law thinks differently, providing the opportunity not to attend work only during sessions, passing state exams and writing a thesis. In particular, according to Art. 173 of the Labor Code, during sessions of 1-2 courses, up to 40 days are provided, and then up to 50 days (when receiving secondary education, 30, respectively). Moreover, leave of up to 4 months is given for state examinations, and 10 months before their start, the employee has the right to demand a layoff from the employer working week for 7 hours, which can be done by giving the employee one more day off from work per week. It turns out that for 10 months before the “states”, you may have one more floating day off per week. It’s worth going to study just for that!

7. Medical examination

A medical examination is always troublesome. You have to visit a lot of doctors, stand in kilometer-long queues and generally spend a lot of time on this. And if the employer sends you to undergo it, he understands perfectly well that such things cannot be done quickly. By the way, yes, you are not required to undergo it outside of working hours - a medical examination, if it is carried out in regular medical examination hospitals, then this is always during working hours. At the same time, according to Art. 185 of the Labor Code, the time of undergoing a medical examination is fully paid by the employer, even if it is half a working day, or even several days. And here you need to understand that the speed of its passage will depend solely on you, your acquaintances at the hospital and efficiency in queues. Or maybe the necessary certificate was received in advance, and the day medical examination will it be possible to conduct it outside medical institutions?

8. Child's illness

Is your child sick? There is absolutely no problem with this - the law allows one of the child’s parents to take out sick leave for the duration of his illness. According to Order of the Ministry of Health and Social Development No. 624n, which regulates the procedure for issuing certificates of incapacity for work, sick leave is issued in the case of caring for a sick child under 7 years old - in any case of illness, and up to 15 years old - in case of outpatient treatment or the need for a joint stay in the hospital. And if a parent cares for a disabled child, then according to Art. 262 TK, he is given 4 additional days off every month.

9. Work in the village

If you are lucky (or unlucky) to work in rural areas and at the same time be born a woman - know, according to Part 2 of Art. 262 TK, you are entitled to 1 additional unpaid day off per month, which is provided at the request of the employee herself without argumentation or explanation. I want to relax, that’s all! This is due to difficult conditions labor in rural areas, especially since women usually work there or in livestock farms, or in the field. Nevertheless, the day off is granted regardless of the presence of children and other subjective factors, even if you are a milkmaid or Chief Accountant village council. The main thing is that this is an application to their management, and that’s it, you don’t have to go to work!

10. Delay in salary

Even if this is a negative example, an employee has every right to suspend his work activity and not go to work by notifying his superiors in writing, if the delay period wages was 15 days. No salary? Work yourself! According to Art. 142 of the Labor Code, such a lonely protest against corporate tyranny can last until the delayed amount is paid. If the employee is ready to pay the delayed amount, he must go to work the next day. At the same time, at the time of suspension of work, he is not required to be at the workplace, so if wages have not been paid for 2 weeks, stay under the covers, having first written a statement to your superiors. Don’t be afraid for your salary - for the period of such a strike, according to Part 4 of Art. 142 of the Labor Code, the employee retains his average earnings.

In general, it is better to establish good relations with your superiors, and always have the opportunity to ask for time off - the law is the law, and a trusting relationship with management is worth much more.