Dismissal for absenteeism: step by step instructions. Sample order "Reprimand for absenteeism"

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 of the Labor Code of the Russian Federation” clarifies that the following are considered disrespectful reasons:

- unauthorized use of time off and vacations;
– refusal to work out the two weeks prescribed by law before dismissal for own will if there was no 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 issue absenteeism, you should know that any disciplinary sanction can be applied within a month from the date the misconduct was discovered. 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 workplace, then it is necessary to decide how to arrange absenteeism for an 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.

This is the general order in which 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

The Labor Code allows an employer to fire employees for absenteeism, as this is a serious breach of discipline. The employee, in some cases, has the right to appeal against the decision of the authorities, since the law requires strict adherence to the procedure and its documentation. From this article you will learn under what conditions they can be fired for absenteeism in 2019, how absenteeism is processed and how the subsequent dismissal is carried out.

Conditions for recognition of absenteeism

In judicial practice, there are cases when the reason for challenging the dismissal and reinstatement at work is the incorrect registration of the fact of absenteeism. Absence from the workplace is not always a violation of discipline. Absence is regarded as absenteeism only if the following conditions are met:

• Absence of an employee at the workplace for more than 4 hours. If the employee was absent for exactly 4 hours, he will not be able to put absenteeism.
• The absence of an employee at his workplace throughout the entire work shift, even if its duration is less than 4 hours. If a person is not assigned a workplace and he actually was on the territory of the enterprise, this will not be considered absenteeism.
• Lack of a valid reason for absenteeism. If there is such a reason, you need to confirm it with a supporting document - sick leave, subpoena, doctor's note.
• Proven fact of absenteeism. The employer is obliged to document this violation of discipline, obtain the signatures of witnesses, indicate exact time and date, describe in detail the circumstances. If there was an incorrect registration of absenteeism of the employee, the court will take his side.

There are cases when security does not allow an employee to enter the workplace by order of the authorities. This is usually not indicated in the act. In court, the employee will be able to defend his innocence by providing evidence, recordings from CCTV cameras. If the act does not indicate the exact time of absenteeism, this will also become the basis for reinstatement at work through the court. The employee will be able to refer to the fact that the document was prepared in the evening, and in the morning he was at work.

How to correctly arrange a walk

Let's consider in detail how to arrange absenteeism at work. First, an act is drawn up on the absence of an employee at the workplace. It contains the following data:

• Name and position of the absent employee;
• date and time of absence;
• date and time of the act.

The document must be signed by 3 witnesses from among the employees of the organization. Each of them confirms with his signature that at the time the act was drawn up, the violator was absent from the workplace.

The completed act is transferred to the personnel specialist. On the basis of this document, he puts down the mark "НН" in the time sheet in the form of T-12 and T-13.

Then the employer is obliged to wait for the arrival of the employee and receive his written explanation. According to Art. 192 of the Labor Code of the Russian Federation, you cannot fire a person for absenteeism without finding out his reasons. The absenteeism itself can be recorded only on the condition that the employee did not have a good reason for not showing up for work. If there was a good reason, he must describe it in an explanatory note. In this case, absenteeism will be excluded, the employee will simply return to fulfill his job duties.

How to properly dismiss for absenteeism

If absenteeism is executed in accordance with all the rules, it is established that the employee did not have good reasons for absenteeism, the employer has the right to apply a disciplinary sanction. To properly dismiss an employee, you must strictly adhere to:

1. Draw up an act on the absence of the employee at the workplace, familiarize the employee with it.
2. Get an explanatory note from a truant.
3. Issue, sign a dismissal order and give the employee for review.
4. On the last day of work, issue a work book to the dismissed person and make a calculation.

The Labor Code allows you to issue absenteeism of an employee with dismissal within 6 months from the date of fixing the violation. With a long absenteeism, the dismissal order is issued not on the first day of absenteeism, but on the date when the document was actually prepared. The day of dismissal in this case will be the final day of the person’s work in the organization - when he appears in the organization and writes an explanatory note. In other cases, the day of dismissal will be considered the date that preceded the first day of absenteeism.

According to Art. 193 of the Labor Code of the Russian Federation, from the moment of detection of absenteeism, the employer will have 1 month to issue a dismissal order. With a long absenteeism, this period is calculated separately for each day of absenteeism. If the first absenteeism was committed more than a month ago, the employer will no longer be able to dismiss the employee - a month has passed for issuing an order.

Responsibility for absenteeism in various situations

Now let's figure out how to properly dismiss for absenteeism in more specific cases. For different categories of workers, the procedure will have its own characteristics.

Combination of posts

Art. 60.2 of the Labor Code of the Russian Federation states that when combining positions, there will be no absenteeism if the employee sends a written notice to the management about the refusal to perform additional work within 3 days.

part-timers

The dismissal of a part-time job at the initiative of the employer is possible only for the sole reason specified in Art. 288 of the Labor Code of the Russian Federation. This is the hiring of another employee for whom this work will become the main one. The conclusion suggests itself: the authorities have the right to issue absenteeism for a part-time employee general rules.

pregnant workers

According to Art. 261 of the Labor Code of the Russian Federation, the employer does not have the right to dismiss pregnant employees at will. There is only 1 exception - the liquidation of a legal entity (termination of the activity of an individual entrepreneur).

CEOs

In ch. 43 of the Labor Code of the Russian Federation there are no direct indications of the possibility or impossibility of dismissing a manager for absenteeism. This should take place on a general basis, but the procedure is carried out by the highest collegial body (if any).

Young professionals

Absence of a young specialist is drawn up according to the general rules, since in Art. 336 there are no other indications.

civil servants

All provisions of the Labor Code of the Russian Federation, including those related to absenteeism, are fully applicable to civil servants.

Drunk at work

Being drunk at work is not absenteeism. This is a gross violation of the labor schedule, specified in Art. 81 of the Labor Code of the Russian Federation.

Shift work

If the work schedule is shifted, then absence from work for more than 4 hours is still recognized as absenteeism. Another absenteeism is the absence of a person from work during the entire shift, even if it lasts less than 4 hours.

Long walk (several days)

When working on an indefinite contract for a long absenteeism, the employee is threatened with the same measures disciplinary action, which is for a one-time. Read about the consequences of absenteeism at work.

Absence for several hours

If an employee is not at the workplace for more than 4 hours in a row, the employer has the right to record absenteeism. In other situations, absence from work is not regarded as a violation of the work schedule.

Truancy is a serious misconduct for which an employee can be fired. This is allowed only if the violation is documented. Otherwise, a person will be able to challenge the actions of the leadership and be reinstated at work.

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Employee absenteeism is a fairly common type of violation of labor discipline and is subject to strict disciplinary action up to and including dismissal. We will talk in detail in our article about the features of the procedure for dismissal for absenteeism and the documents necessary for completing this procedure.

Absenteeism: concept, types, criteria

Skipped work or received a reprimand for absenteeism - such phrases are often used by both employees and employers. But is everyone familiar with the concept of absenteeism, and in what case can we say that an employee skipped work?

• An employee can be called a truant only when he is not in his place more than 4 hours in a row and this fact is confirmed by written evidence. In other words, if an employee left work and did not return to work after 4 hours, then this situation can be considered absenteeism.
• A truant can also be a person who showed up for work at all, and therefore did not perform his job duties all day.

Two main criteria have been established to recognize the absence of an employee at the workplace as absenteeism. They consider the following factors:

• the employee is not at the workplace without good reason;
• the employee left the workplace for 4 hours in a row (or more) or did not show up for work at all.

Types of absenteeism

As for the types of absenteeism, they are divided into two categories:

• The main ones are cases when the employee left work for several hours, or did not appear at the place of performance of labor duties, after which he appeared at work the next day. In such cases, the employer knows where the employee is, can contact him, find out the reason for absenteeism (perhaps it is valid) and establish when the employee will return to work.
• Long-term - the situation is more complicated with long absenteeism, in which the employee is not at work for several days (weeks), while he does not get in touch, and therefore it is impossible to establish his location. These factors greatly complicate the procedure for dismissal and other disciplinary sanctions for long absenteeism.

What is not considered absenteeism

You left the workplace in order to receive medical attention

This excuse factor is quite common in industrial accidents and other emergencies, when an employee seeks help for himself or for his colleague. It does not matter whether you needed medical assistance directly, or you called a doctor for the victim - in both cases, your absence is not considered absenteeism. If you left your place of work in order to see a doctor and you have a certificate about this - feel free to provide it to the employer! Your "absence" is legally justified and is not considered absenteeism. But keep in mind - the date of the certificate must necessarily correspond to the date when you were not at work.

You are involved in investigative activities or are under investigation yourself

As in the case described above, it does not matter whether you are directly a suspect in a court case, or you act as a witness, a witness - in each of these cases you are given the right to miss a working day if this is caused by an investigative need. It is possible that on the way to work you became a participant or witness of an accident, and for this reason you were late for work or did not go to work at all.

In order not to become a truant, take care of obtaining a certificate stating that you are a victim, witness, witness, etc. If you provide such a certificate to the employer, you can consider yourself absolutely protected from the application of various penalties for absenteeism. When an employee is arrested internal organs the date of his detention must correspond to the date when he did not show up for work.

Your employer is more than 15 days late in paying wages

By allowing you not to work "for free", the law provides you with legal protection from an unscrupulous employer. But before you refuse to perform your job duties, be sure to inform the management about this by filling out an appropriate application. It will not be superfluous if you decide to write a complaint to the labor inspectorate. In the event that an organization tries to fire you for absenteeism, a copy of the above statements will serve as confirmation of the legality of your absence from work.

The employee did not show up for work: what to do?

So, the employee is absent from the workplace for more than 4 hours in a row. What algorithm of actions should the employer apply? Let's briefly describe each of the stages. step-by-step dismissal for a walk:

• The employer draws up an act of absenteeism.
• The absent employee receives an explanation of the reasons for the absence. From the text of the explanatory note and the documents attached to it, it is established whether the absence has good reasons or not.
• It was established that the truant had no valid reasons. The immediate line manager of the employee draws up a memorandum and sends it to the head of the organization.
• At the discretion of the management, a disciplinary sanction is applied to the truant (reprimand, fine, dismissal).

Walking without dismissal

Separately, we note cases of absenteeism without dismissal. If you are a highly qualified employee with high labor indicators and violated labor discipline for the first time, then it is quite possible that the employer will not fire you, but will limit himself to a reprimand:

• The application of a penalty of a moral and ethical nature is the most universal and effective method impact, because a reprimand can be issued to those categories of employees who cannot be fired for absenteeism (energy supply workers, emergency and emergency care workers, workers in hazardous and hazardous industries).
• In addition, a reprimand allows for financial penalties in the form of deprivation of bonuses, as well as the imposition of a fine. Also, according to the Labor Code, a reprimand is one of the prerequisites for subsequent dismissal.

Let's try to find out all the intricacies of the dismissal procedure for absenteeism in 2016, for this we will use step-by-step instructions.

Registration of the act of absenteeism

If you are absent for more than 4 hours or throughout the working day (shift), the employer will document this fact in writing. Registration of absenteeism is fixed by the relevant act. The form of the act is not strictly established, therefore the document can be drawn up in the form established directly by the organization. But the law regulates compliance with the following conditions when compiling paper:

• the document is drawn up and signed by members of the special commission;
• the act must contain information about the location of the employee, in the absence of such information - about the measures taken to establish it;
• the act contains accurate data on the time the employee was absent from the workplace. If you were not at work long time, including during a break, then this fact must be recorded in the act;
• the date of preparation of the document strictly corresponds to the date of absenteeism of the employee.

The paper is handed over to the truant for review and signature. If you do not want to read and sign the act, then the fact of refusal is described in the document. It does not matter whether you sign the act or not - in any case, the employer can fine you, reprimand and even dismiss you.

sample act

ACT N 1
Absence from work without good reason
more than 4 consecutive hours during the working day (shift)

Time of drawing up the act: 18 hours. 20 minutes.

Senior Economist of the Financial Department Petrushov K.D. in the presence of the chief accountant Skuratova V.P. and accountant of the 1st category of the settlement department Kirova G.L. drew up this act as follows:

April 25, 2016 accountant of the 2nd category of the settlement department Vasilyeva S.N. was absent from work at the address Saratov, st. Lenina, d. 25, room. 19 from 09 h. 45 min. until 18 o'clock. 00 min., including a lunch break from 12 noon. 00 min. until 13 o'clock. 00 min. - during the working day. (total 8 hours 15 minutes).

Vasilyeva S.N. requested to provide a written explanation within 2 business days.

Signatures of the persons who drew up the act:
______________ / Petrushov K.D. /
_____________ / Skuratova V.P. /
_____________ / Kirova G.L /
Acquainted with the act ___________ / Vasilyeva S.N. /

Demanding an explanation from the employee

Next, we move on to the explanations that the absentee employee should give, while describing the reasons for his act. In order to prepare an explanatory note, you have 2 days. You can refuse to give explanations, this will be formalized by an act of refusal.

Such an explanation is drawn up by the violator in writing in the form of an explanatory note (the form of compilation is free). If you were obliged to draw up an explanatory note, then in its text you should mention good reasons, if any (he went to the doctor, was a participant in an accident, etc.). All exculpatory facts must be supported by documentary references.

Making a memorandum

Analyzing the dismissal scheme for absenteeism at work, we proceed to the next point - the preparation of a memorandum. The report is written by the line manager in the name of the director of the enterprise, the form of the document is free, but it is worth mentioning in it the reasons for the employee’s misconduct and other violations that were noticed by him. At the end, the compiler expresses his opinion on the necessary impact.

Reporting note from the head

General Director of JSC "Mars"
Komarov S.L.

MEMORIAL No. 37 dated June 15, 2016
on violation of labor discipline

I bring to your attention that today, 06/12/2016, the forwarding driver of the sales department Stepan Markovich Sorokin was absent from his workplace for 7 hours and 15 minutes. (including lunch break from 13:00 to 14:00) from 10:45 to 18:00.

Due to the absence of Sorokin at the workplace, the supply of materials to customers of Kremen JSC and Sobol LLC was disrupted.

There is no information confirming the validity of the reasons for the absence of Sorokin SM. Sorokin refused to explain the reasons for his absence from the workplace (I enclose the act of refusal).

In connection with the systematic violation of labor discipline by Sorokin, about which there are relevant acts, I ask you to consider the issue of imposing a disciplinary sanction on Makarov I.V. in the form of dismissal.

Head of Sales Department (signature) ____________ Khomyakov V.Yu.

Dismissal and entry in the work book

So, the director of the enterprise received a report and decided to dismiss the violator, about which an order is issued. It is important to understand that the order must contain the following mandatory information:

• a reference to legislative norms that allow dismissing an employee for absenteeism, namely clause “a” of part 6 of article 81 of the Labor Code of the Russian Federation;
• a list of all documents-grounds for dismissal (acts, reports, refusal of explanations, etc.);
• a note on the opinion of the trade union (if there is such a body in the organization).

The dismissal order for absenteeism is subject to mandatory familiarization by the dismissed within 3 days from the date of issuance of such an order. That is, if you are dismissed for absenteeism, the employer is obliged to inform you about this. But even if you refuse to sign the order in the "Familiarized" column, you are still considered dismissed, that is, refusal to familiarize yourself with the order is not a basis for canceling its action.

Order example

JSC "Meridian"

ORDER No. 41-P of 04/03/2016
on termination of the employment contract with the employee (dismissal)

Terminate the employment contract dated August 15, 2001 No. 43, dismiss on April 3, 2016.
Kondratyev Petr Afanasyevich (Table No. 318), senior expert-analyst of the department of analytics and financial monitoring for a single gross violation of labor duties by an employee - absenteeism, subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation.

Grounds for termination of the employment contract: order "On the application of a disciplinary sanction in the form of dismissal" dated March 20, 2016 No. 24-k

Head of the organization ________________ F.L. Stepantsov
The employee is familiar with the order (instruction) ________ P.A. Kondratiev
04/03/2016

Entry in the work book

After signing and issuing the order, a corresponding entry is made in the work book of the dismissed person according to the following sample:

Dismissed in connection with a single gross violation by the employee of his labor duties - absenteeism, subparagraph "a" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation.

filled employment history, certified by the signature of the head and the seal of the organization, can be issued to the dismissed person, or sent by registered mail with notification.

Estimated payments

When dismissed due to absenteeism, an employee can count on cash payments in general order, namely:

• receiving a calculation for actually worked days;
• monetary compensation for days of unused vacation;
• sick leave payment (if the employee was sick and provided sick leave before dismissal).

In addition, upon dismissal for absenteeism, the employee has the right to compensation for travel and other business expenses incurred before the issuance of the dismissal order. To avoid delays and red tape, the employee should take care in advance to provide advance reports and documents confirming expenses.

Example: Specialist of the financial monitoring department of Znamya JSC Kurchenko G.L. 03/21/2015 fired for absenteeism. Kurchenko's salary for the period 03/01/2015 - 03/21/2015 amounted to 14.380 rubles, including bonuses of 3.740 rubles. In the period from 03/05/2015 to 03/07/2015 Kurchenko was on a business trip to Astrakhan, where he incurred expenses in the amount of 4,120 rubles, about which he provided a corresponding report. Kurchenko also transferred sick leave for the period 03/20/2015 - 03/22/2015 to the accounting department of Znamya JSC. The amount of compensation for sick leave amounted to 3.518 rubles.
On the day of Kurchenko's dismissal, the amount of 14,760 rubles was paid, of which:

• compensation of expenses for a business trip to Astrakhan - 4.120 rubles;
• salary minus bonuses that were not paid due to absenteeism - 10.640 rubles;
• Kurchenko's sick leave was not paid, since his term came later than the date of dismissal.

How to get back to work after being fired for absenteeism

IN individual cases You can go to court to challenge wrongful dismissal and demand reinstatement from your employer. The court will take your side if you can prove that you were absent from work for good reasons. You also have a chance to win a lawsuit if the employer forced you to go to work on a day off and, having received a refusal, issued your absenteeism as absenteeism. Restoration upon dismissal for absenteeism is possible if one of the following facts is established by the court:

• You did not go to work during your vacation (sick leave, day off);
• You refused to work overtime, on weekends or outside the schedule;
• You have been asked to change jobs locality, another area, etc.), to which you refused;
• You have been assigned a job for which you have medical contraindications(hazardous production, hazardous working conditions, etc.).

Judicial practice shows that in the above cases, the court, as a rule, is on the side of the employee, and therefore decides on his reinstatement in the workplace, and in some cases even on compensation for the damage caused by the employer.

As you can see, violators of labor discipline are provided with severe punishment. But despite this, if you have evidence of your innocence, you always have the opportunity to defend your legal interests and, if necessary, demand material compensation from the employer for the damage incurred.

The Labor Code of the Russian Federation establishes the obligation of personnel to comply with the working hours determined by the management of the organization. In the development of this provision, each organization adopts an internal normative act, which fixes the start time labor day, lunch break and end time.

In addition to complying with these standards, employees are required to go to work, except in cases of disability and other good reasons. In the absence of supporting documents, failure to appear for work is considered absenteeism and entails serious consequences for the employee, up to and including his dismissal.

How to issue a reprimand for absenteeism - a sample

Absenteeism is an established absence from work for three or more hours from a working day. But in order for disciplinary liability for such a violation to come, the absence during the working day must be properly documented. Only with proper registration of absenteeism, it is possible to issue an order to reprimand the employee.
The procedure for fixing the fact of missing a day and holding an employee accountable, including his dismissal, is as follows:

• First, absenteeism must be identified. As a rule, this becomes known to one of the middle managers - foreman, foreman, head of department. When the skipping of the working day became obvious, such a leader should draw up a memo. This is an internal document that documents the identification of the fact of absenteeism of an employee;
• A memo is submitted to higher management. This must be done on the day the workday pass is established. Management then organizes a review of this fact to clarify the respectfulness or disrespectfulness of skipping a working day. For these purposes, explanations should be obtained from colleagues of the offending employee and from himself;
• If the results of the internal check confirmed the non-attendance during the day, the employer will decide what measures to take. From the point of view of labor legislation, absenteeism is a gross violation. In its severity, it is comparable to the exit in the state alcohol intoxication. Therefore, the employer has full right how to issue a reprimand and fire an employee.

At the same time, the decision of the management on a specific measure of responsibility of a person in the form of dismissal or reprimand is formalized by order.

How to document travel?

Such violations should be recorded in accordance with the requirements of the law and internal normative documents. In case of violation of the rules and regulations, the order may be challenged by the employee and canceled in the course of legal proceedings.
At the same time, several documents should be indicated that must be issued when fixing the fact of missing a working day:

• The initial document will be a memorandum. In fact, this is a message about skipping a working day, which gives rise to further internal verification;
• The conclusion of the service check. It is the conclusions of such a conclusion that become the rationale for the order of reprimand or dismissal. It is necessary to attach the received explanations of the employees, the regulations on the daily routine and other necessary documents to the conclusion;
• Order of reprimand or dismissal. This is the final document that draws up the decision of the management, adopted as a result of an internal audit.

All these documents must have references to the norms of the law. Another basic condition is the justification of the punishment. The order must be reasoned and based on a reliable fact of violation. If the employee has a valid reason for missing the working day and has submitted the relevant documents, they are not allowed to be ignored.

Long absence - how to arrange it correctly?

Long absenteeism is the absence of several days of work. This violation belongs to the category of the most severe. Therefore, with a long absenteeism, it is not enough to be limited to reprimanding. As a rule, the manager decides to dismiss the employee.

It should be said that the procedure for registering this violation is the same as with a simple skip of a working day. But since we are talking about dismissal, such a decision must be balanced and completely accurate. To assign a punishment, you should find out about the arguments of the employee who committed the violation and carefully check these arguments.

In addition, it is required to compare the violation with job description. Another essential point is the need to record the absence of each working day. Accordingly, a memorandum should be issued every day for the entire long absence. Every day, explanations should be taken from colleagues of the guilty person.

And the result of a prolonged violation will still be an order to dismiss the person.

How to arrange absenteeism of an employee without dismissal?

It should be said that only the manager can decide on the degree of guilt of the employee and on the application of one or another measure of disciplinary responsibility to him. This means that even with a gross violation, the guilty person may be punished in the form of a reprimand and avoid dismissal.
The adoption of such decisions belongs to the exclusive right of the employer. The law does not establish the binding of a specific punishment to a particular misconduct.

How to issue an dismissal of an employee for absenteeism - a sample

Any management decision is formalized by creating an order. The corresponding order is also issued upon dismissal of a person for disciplinary offense. This document must be drawn up in accordance with the norms of the law. You should correctly argue your decision and refer to the provisions of the labor law.