Valid reasons for absence from workare not clearly defined by law. Therefore, the question posed in the title of the article is asked by every working person at least once in his life. Let's try to find the answer.

What is truancy

You cannot come to work without good reason. Every employee knows this. Absenteeism from work is fraught with: at a minimum, an explanation with your superiors, and at maximum, dismissal for absenteeism “under the article.” Absenteeism, the Labor Code of the Russian Federation tells us (Article 81, Part 1, Clause 6, Sub. “a”), is an absence from the workplace without good reason for more than 4 hours in a row. Moreover, if in your employment contract specific workplace is not specified, then it is impossible to consider that you are absent if you are not where you usually work, but on the territory of the organization.

Dismissal for absenteeism must be preceded by a written explanation from the employee. If the employer considers the reasons for absence from work that the employee provides to be disrespectful, he may fire him. If the latter does not agree with such dismissal, he can go to court. The court will decide whether the reasons for absence from work were valid or not. This means whether there was absenteeism on the part of the employee or not.

The catch is that the law does not contain a clear list of valid reasons for absence from work. Analysis of labor legislation allows us to identify several groups of such reasons.

Subjective good reasons

Subjective reasons are inextricably linked with the personality of the employee.

First of all, it is a disease. In this case, evidence of justified absence from work will be:

• a doctor's certificate confirming the visit;
• entry in the outpatient card about the appointment;
• sick leave.

Periodic medical examinations of certain categories of workers (Article 213 of the Labor Code of the Russian Federation) are a valid reason. A valid reason is the child’s illness. Here everything is exactly the same as with an adult’s illness, only the sick leave will be issued not in an adult, but in a children’s clinic.

An employee cannot be fired for absence from work due to participation in a court hearing as a plaintiff, juror, witness, victim, or defendant in the case. The same applies to failure to appear for work due to being in the investigative authorities in order to participate in investigative actions. The supporting document in this case is a subpoena to the court or to the investigator (interrogator). Calls to the police and work as a member of the election commission also fall into this category of valid reasons.

Absence from work in connection with the elimination of any utility accident at the employee’s place of residence is justified. However, scheduled inspections of housing and communal services organizations are not a sufficient reason for absenteeism.

Don't know your rights?

Objective good reasons

Objective reasons that make it impossible to show up at work are circumstances of various force majeure. These could be weather conditions, road emergencies, man-made accidents or catastrophes, and military operations.

If the employer in these cases does not agree that the absence from work occurred due to circumstances beyond the employee’s control, and it comes to dismissal, then, as the analysis shows, judicial practice in such cases, the case for reinstatement will most likely be considered in favor of the employee.

The main thing is not to delay going to court. Labor legislation allows a month to file a claim for reinstatement at work (Article 392 of the Labor Code of the Russian Federation).

Valid reasons for the application

There are a number of circumstances under which an employee has the right not to show up for work. But the employer must be warned about this. Therefore, the employee must write an application to be granted days off.

Sometimes events happen that prevent an employee from showing up for work. Very often it depends not on him, but on the weather or transport.

In legislation there is no concept of truancy, but there is an article describing the consideration by courts of labor disputes in case of absence for good or bad reasons ().

Absenteeism is considered absence from work without a valid reason for 3 hours or more. In this case, the hours are not counted consecutively. If an employee works only 5 out of 8 working hours, this is considered absenteeism.

Reasons for absence from work

But before considering absence as absenteeism, you need to pay attention to the reason for not showing up for work. The reasons can be both valid and disrespectful.. Only the employer can determine the category. To do this, he needs an explanation from the employee and the attached documents.

Subjective

Subjective reasons are those reasons for non-appearance that associated only with the employee. For example, illness. In this case, the employee must provide one from the following evidence:

• sick leave;
• record of an appointment with a doctor in the hospital record.

Sample certificate from a doctor

However, at many enterprises sick leave is not paid.

Every year all employees must undergo medical examination by doctors. This will happen in work time, therefore such omissions are considered a valid reason.

Sample application for release from work due to a medical examination

Also, a person cannot be fired if participated in the court hearing as:

• witness;
• victim;
• the defendant;
• juror

Sample subpoena

Also, a valid reason is that the person participated in an investigative experiment, checking the premises as a witness, or in other actions related to the law. In this case law enforcement agencies are required to issue the employee a document indicating the reason for absence from work.

There are times when an employee received a summons to the military registration and enlistment office. He must appear there at the exact time, otherwise he will face problems with the law. If he misses work, this is also considered a valid reason.

Sample summons to the military registration and enlistment office

Objective

Objective reasons are those that make it impossible to get to work, due to an emergency. Among these:

• road accident;
• technological disaster;
• hostilities;
• severe snowstorm;
• landslide, fire or flood;
• earthquake or hurricane;
• a road blocked with snow if it was not cleared in time;
• broken transport (if it is impossible to get to work on foot);
• road repair;
• unexpected failure associated with the sphere utilities(a pipe burst or a gas leak began);
• salary delay (if the delay is more than 15 working days, the employee may not work until he receives his money, but is obliged to notify his superiors in writing in advance);
• elevator breakdown (person stuck inside);
• epidemic in the area and mandatory vaccination;
• lack of transport tickets;
• delay or cancellation of transport.

If the above cases are not considered a valid reason for the boss and the employee faces dismissal, a court hearing will be held. It is highly likely that the court will decide that the dismissal was illegal.

Besides, in Labor Code The Russian Federation indicated several more valid reasons for absenteeism. Among them work activity on:

• holiday;
• days off;
• 1 day more than necessary.

In such cases, you work overtime and has the right to demand monetary compensation or time off from management. Remember about the day when you are going to take a day off, you need to warn in advance to avoid problems in the future.

The list of all valid reasons is in articles , , , Labor Code of the Russian Federation.

According to the application

This reason is also valid. You write a statement to the director indicating the reason for absence. Take it official. The director gets acquainted with it and decides whether this reason is considered valid or not. The most important thing in such cases is to submit a statement to your superiors before you miss work. Among these reasons:

• parent meeting at school;
• an event in honor of the first or last bell;
• the need to submit documents to the child’s place of study;
• bad feeling;
• wedding;
• death of a loved one;
• birth of a child.

According to Article 128 of the Labor Code of the Russian Federation, the last three reasons allow you to take a day off for 5 working days. According to the same article, you can take a short time off if it concerns the first 4 reasons. But missed days are not paid.

Regulatory regulation

Regulatory regulations are documents with structure, functions and legal status workers. They are developed on the basis of legislation, so they must be adhered to. There is all the information about managers and employees. And this is where the certificates and statements you provide will be located.

List:

• documents related to labor standards;
• documents on the structure, departments and number of employees in the company;
• documents related to working conditions, organization of workplaces, etc.;

What to do if, despite good reasons, dismissal occurs

Contact V labor inspection with a complaint that the boss is violating labor laws.

You will have no control over the review process. Therefore, the duration of the proceedings can be very long.

In some very big companies present labor dispute commissions. This is a group of people independent from management that deals with such issues.

The best solution is to go to court. But the application for consideration must be submitted no later than 1 month from the date of dismissal. Evidence will be collected, witnesses will be interviewed and a decision will be made. If the court determines that the dismissal was illegal, you will be immediately reinstated at your place of work, and you will also be paid moral compensation, which depends on your wages. A court hearing is a paid procedure, but the price will be within reasonable limits.

We bring to your attention a video that tells you what an employer should do if an employee does not show up for work.

It is best to negotiate with your superiors peacefully without attracting unauthorized persons. A lawsuit can lead to poor relations with management.

If you're going to miss work, you better notify your superiors in advance by writing a statement. If he refuses to let you go, promise him to work another day.

They explain this with valid reasons, for example, traffic jams, a visit to the hospital due to poor health, etc. The problem for the parties in such cases is that the Labor Code of the Russian Federation does not have the concept of valid reasons for being late or not going to work... Hence , when resolving such disputes, all that remains is to rely on judicial practice. What reasons for absence from work are recognized as valid in judicial practice?

1. Transport problems

When justifying lateness, employees refer to traffic jams, breakdowns of their personal vehicles, or problems with public transport.

The courts have a negative attitude towards arguments about traffic jams, and the imposed disciplinary sanctions are not canceled with the following motivation. Being stuck in a traffic jam is a disrespectful excuse for being late for work, since the employee is obliged to choose a time to leave for work in order to avoid being late for the start of the working day. This position also applies to absenteeism, when the employee was absent for more than four hours from the start of the working day.

At the same time, transport problems can be taken into account in conjunction with other circumstances.

The death of a relative is also not a valid reason for absenteeism. In this case, the employee has the right to take leave without pay in accordance with Art. 128 Labor Code of the Russian Federation.

There is known judicial practice when an employee verbally agreed to replace another employee, but did not show up for work on time. . Employer . The court reinstated this employee because the employer did not familiarize her with the order to change the work schedule, which means that this day remained a day off for the employee. In addition, the employee notified the employer that the reasons for his absence were valid - his car was taken to an impound lot along the route.

The delay of a city bus is also not recognized by the courts as a valid reason. In their decisions, the courts indicate Violation of the bus operating hours is not a valid reason; the employee can choose a different route or transport and arrive at the workplace on time.

As in the situation with traffic jams, before applying disciplinary action, the employer must analyze the circumstances of the absence, the employee’s real ability to get to work, and his previous behavior.

Sometimes workers refer to the fact that they did not get to work because there was no money. But the courts also do not consider the lack of funds for travel to be a valid reason for absenteeism or lateness. Blocking a credit card cannot be regarded as a valid reason for late arrival at the workplace.

However, if an employee refers to transportation problems, the employer should consider the following points:

1. Is this situation typical for this time of day for this area? Typical, for example, are traffic jams in a large city, overcrowding of transport during rush hour;
2. Could the employee have avoided this situation by planning a different route to work, urgently transferring to another vehicle, “borrowing” money, etc.

If the answers are affirmative, then the reason for absence is unexcused. At the same time, the employer must also take into account the impact of force majeure circumstances. For example, the reason is valid if an employee is late for work because a car was hit by an electric train. The movement of trains along the line was paralyzed for some time, and there was no opportunity to leave by other means of transport.

Other common reason workers are late due to weather conditions in the autumn-winter period, mainly on days of snowfall or heavy rain and the transport problems they cause, as well as due to health concerns due to wind or cold.

Courts believe that weather conditions in themselves do not qualify as force majeure. “Adverse weather conditions are not valid reasons, since they do not prevent an employee from leaving home for work in advance, taking into account weather conditions. The employee must take all possible measures and arrive at work on time. But in these cases we are talking about the fact that it was actually possible to get to work on time. Serious weather anomalies, emergencies such as hurricanes, heavy snowfalls are valid reasons for absence.

The employer should remember that if the employee was absent without good reason, but the employer, the court will satisfy the demands for reinstatement at work. The average salary in such cases is collected from the day the dismissal order is issued (clause 41 of the resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

Thus, if an employee refers to bad weather, the employer should consider the following points:

1. was there really any time during this period? bad weather whether it is anomalous for this season and climate zone;
2. how much bad weather interfered with getting to work;
3. could the employee build a route and plan his time in such a way as to get to work on time, taking into account reasonable costs of time and effort.

Evidence of bad weather can include certificates from weather services, witness statements, and media reports.

Another common reason for lateness and absence from work is utility troubles in the employee’s living quarters: a pipe burst, neighbors flooded, the heating was turned off. Whether this is a reason to skip or be late depends on whether the circumstances were planned or force majeure.

In one of these cases, the employer fired an employee who did not come to work due to repairs to the heating system in the house. The court recognized the dismissal as legal, since the plaintiff did not provide evidence that the work was of a force majeure, emergency nature. On the contrary, from the provided certificates it follows that the work was planned, the worker knew about it in advance and could plan how to ensure access for specialists to the apartment with the help of relatives and friends. The employee could also write an application for time off or one-day leave. However, she did neither

In another case, an employee left for two hours in the middle of the working day. The employer reprimanded him. The court declared the penalty illegal, since leaving work was caused by a pipe break. The need for the employee to leave her workplace was caused by an emergency situation in the apartment, which could lead to a flood of neighbors. This is a valid reason for absence from work...

From the above examples it follows that the courts, when answering the question about the validity of absenteeism due to utility work, examine three points:

1. whether the situation was an emergency;
2. was emergency repair required...

Another common reason given by workers for absenteeism is feeling unwell and visiting a doctor.

Referring to this circumstance, employees do not always provide sick leave.

Visiting a doctor, such as a dentist, for a non-emergency examination is not considered a valid reason for absence from work.

But when an employee urgently consults a doctor and after this visit the employee is issued a sick leave certificate, which was provided to the employer, the doctor’s visit is recognized by the courts as a valid reason for absence from work.

At the same time, it should be borne in mind that subsequent registration of a certificate of incapacity for work is not necessary in order to consider going to the doctor as a valid reason for absenteeism or lateness.

The absence of a sick leave certificate when confirming the circumstances of seeking medical care does not provide grounds to classify the employee’s absence as absenteeism.

Visiting a doctor for examination without emergency indications does not count as valid reasons for absence from work. Proof of visiting a doctor is

1. a doctor's note;
2. registration coupon (in the absence of a certificate, the coupon does not confirm the visit);
3. the medical organization’s response to the court’s request;

The employer also has the right to submit a reasoned request to a medical organization for confirmation of the fact that the employee went to the hospital.

However, there is a practice when the courts consider the only basis for absence from work to be a certificate of incapacity for work on the grounds that the employee’s visit to a medical institution does not in itself indicate the inability to perform job responsibilities and does not confirm the excuse of absence from the workplace during the entire working day.

Thus, when an employee justifies absence from work by visiting a doctor, the courts evaluate:

1. availability of evidence of seeking medical care;
2. what is the reason for the appeal: is it emergency or planned;
3. whether the employee has been diagnosed with a disease and whether it has resulted in loss of incapacity for work (subject to long-term absence from work);

4 whether the employee took measures to notify the employer of the reason for absence.

GENERAL CRITERIA FOR RESPECTIVE ABSENCE OF AN EMPLOYEE AT WORK

From the judicial practice described above, we can formulate the following criteria for validating an employee’s absence from work, which can be taken into account when deciding whether an employee’s absence from work is valid:

1. Did the employee have the opportunity to ask the employer for time off in advance, or to promptly notify him of his absence, and if so, did he do so?
2. Is the reason for absence emergency (force majeure) in nature?
3. Could the employee, with due diligence and conscientiousness, have avoided the reasons that led to lateness or absence from work?

Today we are going to find out valid reasons for absence from work. In fact, this question is extremely important. Especially if you work in one place or another for a short time, but for some reason you need to avoid visiting your place of work. Unfortunately, not everyone knows good reasons. And sometimes your rights may be violated. Moreover, none conscientious employee doesn't want to get absenteeism. Therefore, let's try to understand what are the valid reasons for not showing up for work, and how to prove them.

Truancy

The first step is to understand what truancy is. Maybe it's not so scary after all? Or your failure to appear cannot be regarded as absenteeism for one reason or another?

According to the Labor Code of the Russian Federation, absenteeism is absence from work without good reason. But there is one small limitation that can save an employee from punishment. Which one exactly? The thing is that you have the right to be punished only when your failure to appear continues for more than 4 hours in a row. Then and only then will it be considered truancy. Otherwise, you don't have to be afraid.

In addition, please note that absenteeism does not mean an employee’s absence from the workplace for some time, which is not his only time. Now it’s worth exploring valid reasons for absence from work. When can you not be afraid of punishment from management?

Disagreements

It is worth knowing exactly for what reasons you have the right not to show up for work. After all, very often it turns out that the boss considers what is happening to you to be an insignificant circumstance. But after a detailed investigation, it turns out that you had a really good reason for being absent from work. These are quite common cases.

To be on the safe side, try to warn management that you won’t come to work. And record it somehow. If they want to fire you for absenteeism, you can use evidence that you took measures to warn the employer about your absence. Moreover, if you have already been fired, file a complaint with the court. You will be reinstated (if you had a valid reason for being absent from work) and paid for that day. Nothing difficult, right? Only few people know under what circumstances absenteeism will not be considered such.

Weather

Absence from work without a valid reason is grounds for your punishment. In fact, it is worth clearly understanding when the employer really has the right to regard your absence as absenteeism. It has already been said that often the legal grounds and the opinion of management in this matter do not coincide.

The list of valid reasons for absence from work begins with adverse weather conditions. That is, if for this very reason you were unable to get to your workplace, then they have no right to impose any sanctions on you. Was there a hurricane? Biggest snowstorm? Blizzard? Traffic jams or thick fog? There is no punishment for all this. Just try to notify your employer of your absence in advance. Often, weather conditions are not, in the opinion of management, a really important reason why you are away from work for more than 4 hours in a row. So it’s worth knowing your rights.

From vacation

The following scenario does not occur very often. The thing is that sometimes an employee, for one reason or another, cannot return from vacation on time. Often the weather is to blame. This item is considered a valid reason for absence from work. So your superiors will have to take it into account.

Of course, as in the previous case, try to warn your manager about delays. If this cannot be done, just stock up on evidence that you really could not return home for reasons beyond your control and get to work. Otherwise, they may try to either punish you or fire you altogether. And then you will have to resort to judicial debate. And they bring little pleasure to anyone.

Arrest

What other valid reason could there be for absence from work? We already know examples of some scenarios. But, as a rule, the conversation does not end there. In general, the Labor Code does not have a clearly defined list. So all responsibility for this issue falls on the shoulders of the employer, not the employee. After all, it is he who will be punished and held accountable if a citizen is fired for absenteeism, which in fact is not absenteeism.

Among possible options development of events, one can also highlight the arrest. If you are arrested for one reason or another, or you were detained by law enforcement officers as a witness, no one has the right to give you absenteeism. And even more so punish to one degree or another. You can often easily alert your employer that you have been arrested or asked to testify as a witness.

Breakdowns

The next scenario is a breakdown of public transport. If you get to work, for example, by bus, then its malfunction can be included in the valid reasons for absence from work. In fact, it is this point that requires special attention.

Why? It’s one thing when it comes to public transport that moves outside the city. Or to the city directly, for example from a village or village. That is, long-distance. When it is impossible to get to the workplace in any other way or wait for the next transport in time so as not to be late. Quite different - urban public transport, walking with a certain frequency.

For a breakdown to be considered a valid reason, every effort must be made to arrive at the employer on time. Of course, try to warn your superiors about the incident. In such circumstances, no one will have the right to punish you or give you absenteeism. After all, you are dealing with a good reason that does not depend on you and your desire.

Care

What else is worth paying attention to? Valid reasons for absence from work may vary. And few people know about them, because in fact in the Labor Code Russian Federation there is no clear list of them. Each case must be considered separately.

Thus, another valid reason for absence from work is caring for a needy/sick relative or child. If your help is urgently needed, no one has the right to count absence from work as absenteeism. After all, life circumstances can be different. So take this factor into account. Often, employers try to impose certain punishments on him even when a citizen is caring for a sick and needy relative or child. It is illegal. Most likely, if you go to court, it will be on your side.

Emergency work

Life is something that cannot be foreseen and predicted with certainty. Various incidents and surprises can happen to everyone, no one is immune from this. So you have to constantly think about what could be good reasons for absenteeism. Why won't they fire an employee who doesn't show up for work?

We have already met some points. But as already mentioned, there is no exact list anywhere. Each case is considered individually, and responsibility for punishment falls on the shoulders of the employer. The next scenario is nothing more than carrying out emergency repair work in the employee’s house/apartment. If a repairman comes, he should be provided with access to the home. And at the same time, absence from work under such circumstances will not be considered absenteeism.

There is also one nuance here - all repairs emergency work should not be carried out at the request of the absentee employee. In other words, we are talking only about forced measures. But if you independently decide to call, say, a plumber to your home, instead of going to work, then your absence will be regarded as absenteeism.

Accidents

It is also worth paying attention to the fact that accidents are valid reasons for absence from work. This is especially true for those who drive their own cars and also get to work in their own car.

Of course, if there is an accident, it is worth warning someone about your absence. But you don't have to do this. Then you will have to obtain evidence that you really did not miss work, but could not arrive at work on time. Now this is not so difficult to do. So try to be on the safe side once again. And if you have a realistic chance of arriving on time, do so. Otherwise, you may be afraid of some punishment.

Treatment

What are valid reasons for absenteeism? There are a lot of them. But, as already mentioned, there is no clear list. And it is unlikely that he will appear. So you will have to figure this out on your own.

In addition to the scenarios already listed, our list of valid reasons includes undergoing treatment, rehabilitation, or visiting a doctor. Usually they take time off work for this. But if you have not done this, it will be enough to present a referral to a doctor or a sick leave/outpatient card to prove your innocence. Sometimes a doctor can simply write you a certificate stating that you actually visited him or underwent this or that treatment. In this case, no one has the right to fire you or punish you in any way. After all, this is illegal.

As you can see, there are many reasons. The issue of absenteeism and valid reasons for absence from work, as a rule, has always been very acute. Indeed, in the modern legislation of the Russian Federation there is no clearly defined list possible reasons, according to which an employee can remain unpunished if he is absent from work for more than 4 hours in a row.

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 during working hours. 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 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 at work has negative consequences only if there are no good reasons that exclude 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