Step-by-step procedure for dismissal for absenteeism. How to fire for absenteeism correctly

One of the main guarantees of the legality of dismissal of an employee for absenteeism is the correct execution of the act of absenteeism.

What actions are necessary before drawing up an act of absenteeism

Drawing up an act of absenteeism is one of the first steps in the procedure for dismissing an employee for absence from the workplace. It is preceded only by the qualification of the employee's actions - the determination of whether his absence from work was absenteeism.
The current legislation provides for five situations that can be recognized as absenteeism:

• the employee did not come to work and was absent during his entire working day (regardless of its specific duration), while he cannot explain his absence with good reasons;
• the employee was absent from his workplace for more than four consecutive hours during his working day;
• an employee on an indefinite employment contract submitted a letter of resignation due to own will and did not go to work, ignoring the two-week period of working off;
• an employee on a fixed-term employment contract does not go to work before the expiration of the contract or the notice period for early termination of the contract;
• the employee unauthorizedly used days off or went on vacation without permission.

Registration of employee absenteeism: drawing up an act

The act is drawn up in free form, since there is no unified form. The act must contain information about the position and full name of the employee, the time of his actual absence from the workplace, as well as the full name and signatures of the employees who recorded absenteeism, and the time the event was recorded. In practice, the act is signed by three employees.

Sample letter of absence from work

At the same time, you must not forget to correctly draw up a time sheet using the letter designation "НН" (absence due to unclear circumstances).
The next step in the dismissal procedure is to clarify the circumstances of absenteeism. It must be remembered that dismissal in this situation is only the right of the company, but not an obligation. In practice, this means that, depending on the severity of the misconduct and the degree of validity of the reasons, the company may decide to apply a lighter disciplinary sanction - a remark or reprimand that does not automatically lead to the dismissal of an employee. In the event of a labor dispute, the court will assess, among other things, the proportionality of the punishment to the misdemeanour.
Obtaining explanations must necessarily take place in writing (Article 193 of the Labor Code of the Russian Federation) in a free form.
Despite the fact that the procedure for requesting explanations is not regulated in the current legislation, it is recommended to draw up a notice on the need to explain the reasons for absenteeism and hand it to the employee under his personal signature. The employee will have two working days for this.
If the employee refuses to put his signature on the notification, then it is necessary to draw up an act according to a procedure similar to drawing up an act of absenteeism.
If the employee did not explain the reasons for the absence from work after two working days, then this fact must also be recorded in an act.
To dismiss an employee for absenteeism, either a notification of the need to give explanations and written explanations received from the employee, or both a notification and an act of failure to provide explanations, will be sufficient.
If the company does not consider the reasons with which the employee explains the absence from work as valid, then last step dismissal procedures - the application of a disciplinary sanction in the form of dismissal.
Dismissal in this case takes place according to "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation for general rules layoffs. First of all, an order is issued for dismissal for absenteeism (

Economic conditions for the activities of entities entrepreneurial activity dictate the need to hire the optimal number of workers. This implies that there is no duplication of duties and functions. Therefore, the absence of even one employee from work can cause stressful situation. Unfortunately, such phenomena are not uncommon and they cause significant damage to the business.

An unreliable person, who may leave for no reason or not come to work at all, creates unexpected disruptions in the activities of the enterprise, and sometimes such actions lead to direct material losses.

Entrepreneurs try to "get rid" of such "workers" by any means. If it is not possible to “leave” such an employee peacefully, then you have to fire him for absenteeism. Such an action is not an easy task for the employer and a big nuisance for the employee. Indeed, when looking for a new place, an entry of this kind in work book prevents not only from claiming a decent salary, but calls into question the receipt of a new job. Therefore, very often "workers" dismissed "under the article" go to court, hoping to cancel or change this entry. This they manage to do only when the employer has made a mistake.

Getting rid of a truant, but at the same time observing the procedure for dismissal for absenteeism is not as easy as it seems at first glance. Even small deviations and inaccuracies in observing the procedure for dismissal for absenteeism can lead to the need to reinstate a negligent employee for formal reasons. This leads to the need to pay considerable amounts for forced absenteeism. Therefore, knowledge of such a procedure is the responsibility of both personnel officers and managers at all levels.

The legislation interprets the term "truancy" as the absence of an employee at the workplace for more than four hours in one day in the absence good reason. Note that the key phrase here is the second part of the definition. This means that, for example, no one saw the employee for several days (he did not answer the phone, did not open the door of the dwelling, etc.), and after dismissal he proved that he was absent for a good reason, then the court will reinstate him at work . In labor disputes, the main thing is the observance of procedure. Consider the implementation of the dismissal procedure for absenteeism (step-by-step diagram).

Document absence

The Labor Code of the Russian Federation correctly answers the question of how to dismiss for absenteeism. But not everything that happens in life can be described in law. However, the scope of the law determines the sequence of actions. What should be done? First, it is necessary to establish and prove the absence of the employee at the workplace during the time specified by law (see above). The following circumstances must be kept in mind. Firstly, even if an employee was absent from the workplace for an hour in the morning, and then arbitrarily left work three and a half hours before the end of the work shift, then this falls under the definition of “truancy”. This is due to the fact that 1 + 3.5 = 4.5, that is, the total absence per day is more than four hours. Secondly, the facts imputed to the fault of the employee must be documented.

Now let's find out what is workplace? The presence of an accountant on the territory of the enterprise (for example, in a garage) throughout the working day is his absence from the workplace or not? Yes and no. If the accountant's job description indicates that his workplace is accounting, then yes. If this entry is missing in the instructions, then no.

So, the employee was not at the workplace for more than four hours, or he was absent from work for one day or several days. How is dismissal for absenteeism made in this case? The most correct action would be to draw up an act. The act fixing the violation must be signed by at least two witnesses. Here is an example of such an act.

OOO "Diamond Instrument"

Novosibirsk, street ХХХХХХХХХХХ

Making absenteeism for an employee often used as a basis for dismissing such an employee when the manager has long been looking for a reason to part with him. But as a rule, such an employee, having applied to the court, easily wins the case. And all because the employer did not bother to timely and correctly arrange the absenteeism of the employee.

Walk on the law

The Labor Code of the Russian Federation understands absenteeism as the absence of an employee at his workplace for more than four hours in a row without good reason during the working day (shift). Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts Russian Federation Labor Code of the Russian Federation” clarifies that the following are considered disrespectful reasons:

- unauthorized use of time off and vacations;
– refusal to work the two weeks prescribed by law before dismissal of one’s own free will, if this was not the consent of the employer;
- leaving work without a good reason for an employee who has entered into an employment contract for a certain period, before the expiration of its term or the period of warning of early termination employment contract.

At the same time, the employer is not entitled to issue absenteeism on these points to pregnant women, donor employees after blood donation, or employees who are on legally issued leave.

Also remember that for absenteeism, the law allows you to limit yourself to a remark or reprimand, and dismissal is an extreme measure. But if such a fact took place, the registration of absenteeism for the employee must undergo certain documentary registration.

Making absenteeism for an employee

Before you apply for absenteeism, you should know that any disciplinary action can be applied within a month from the date of discovery of the offense. This period does not include periods of sick leave and regular holidays, as well as the time during which the representative body of employees must express its opinion.

It happens that an employee has a really good reason for absence, but due to some circumstances he cannot make himself felt. In this case, in order not to go too far, for a start it is enough to simply record the fact of the absence of an employee by drawing up an appropriate act. It should indicate:

- place, time and date of compilation;
- full name and position of the compiler;
- Name and position of witnesses from among the employees who can confirm that their colleague was absent from the workplace;
- signatures of witnesses and the drafter of the act.

Until the employee appears at work, he is time-sheeted with the code “НН” (“30”) - the employee’s absence for unknown reasons. Further, the code can be replaced by "B" ("19") - temporary disability or "PR" ("24") - absenteeism, in accordance with the clarified reasons.

If the truant after some time calmly returns to the workplace, then it is necessary to decide how to arrange the absenteeism of the employee. To do this, he must be acquainted with the act and require written explanations. Moreover, the requirement to express also in writing so that later in court it could be used as evidence.

Such a notice fixes the period during which the employee must provide an explanatory note (usually two business days). If all this was ignored by the employee, an appropriate act is drawn up and you can safely issue an order for dismissal. He is acquainted with this document within three days against signature. If he refuses to put it, then in this case the corresponding act is drawn up again.

Such general order, through which passes employee absenteeism.

The act of absence of an employee in the workplace - sample

Sample Notice of the need to provide explanations for the absence from the workplace

A sample of an explanatory note for an employee about the absence

Absence from work act- an independent document that records the absence of an employee at the workplace from the beginning of the working day. It differs from it in that it documents the absence at the moment when it is still unknown about the reason for the absence of the employee. The act will serve as an auxiliary document if, after the lapse of time, it turns out that it was absenteeism that took place, and it will not hurt if it turns out that illness or some other valid circumstance became the reason for the absence.

An absenteeism report can only be drawn up if the absent employee has not warned his management or colleagues in advance that he will not appear at the workplace on a certain day.

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Who draws up the act

This document is compiled either by the head of the department, or by the secretary, or by a specialist personnel department or company lawyer. When it is issued, there must be a special commission(consisting of at least two people), whose members will certify with their signatures the fact of the absence of an employee at the place of performance of official duties.

Management actions in the event of an employee's absence from work

The absence of an employee is recorded in. Until the reasons for absenteeism are clarified, “НН” or the digital code “30” is written opposite the employee’s last name. If the time sheet is kept manually, then before establishing the circumstances of the absence of the employee, marks should be made in pencil in order to correct them in the future, if on a computer, then after clarifying the circumstances of the absence of the employee, the notes in the original document will also need to be corrected.

In cases where the management of the enterprise does not have one hundred percent certainty that the employee is sick or has other good reasons for not showing up for work, an absence report should be drawn up every day, after which, on Friday, a generalizing act for the whole week can be drawn up.

In addition, it is advisable to send the employee (at the address of his place of residence) written notices of absence from work with requests to explain the reasons for the absence. All these documents will have probative value in cases where the case goes to court. Since the law does not regulate the actions of the employer in any way, each organization has the right to independently develop an algorithm of actions in such situations, based on judicial practice and its own experience.

Basic Rules

The act is created in two copies, each of which is equivalent. Printed or handwritten, it doesn't matter. The main thing is the personal signatures of the relevant persons.

This act does not have a unified sample for all, therefore employees of organizations can draw it up in free form or according to a template specially developed and approved within the enterprise. You can draw it up on a regular sheet of A4 format or company letterhead, both by hand and on a computer. The fact that the employee did not appear at the workplace should be clearly noted.

Instructions for filling out an act of absence from work

The act has a standard form in terms of office work and should not cause great difficulties when filling out.

• header write in the center of the top line.
• A little lower is indicated locality , in which the company issuing the act is registered, as well as date its compilation. Then fit in exact time registration of the act(usually towards the end of the working day).
• First, the last name, first name, patronymic of the person is entered in this part of the act, on whose behalf document is filled out.
• Then fit in witnesses(employees of any departments) indicating their positions, surnames, names, patronymics, the date is set on which the absence of the employee at the workplace is noted.
• After that, information about missing: his position (according to staffing), last name, first name, patronymic, number and date of the employment contract under which he is employed.

Then here it is necessary to certify that the reasons for absenteeism are unknown to the colleagues of the absentee.

• The last part of the act includes employee signatures included in the commission. They must also be affixed opposite the relevant positions with mandatory decoding. It is not necessary to certify the act with a seal, since it refers to the internal document flow of the company.

After the act

In the future, if it turns out that the employee did not have valid reasons for absenteeism, these facts are recognized as absenteeism, which entails punishment through, up to and including dismissal. If the employee, having appeared at work, provides the employer with written evidence of valid circumstances of absence from the workplace, then he is released from any liability and legally begins to perform his official duties.