How to properly fire an employee for absenteeism. The consequences of illegal dismissal. You left your workplace to receive medical attention

Finding an employee in work time out of place and ignorance job responsibilities cause the employer to justifiably indignate and desire to impose a penalty on the unscrupulous employee up to the termination of labor relations. But before "chopping off the shoulder", it is advisable to understand the peculiarities of the procedure provided for by labor legislation.

In order to competently use the rights provided for by the Labor Code, the employer needs to understand the definitions given by the law. In particular, if you want to carry out the dismissal procedure due to a single violation by an employee of his duties, you need to deal with the terms "absenteeism", " workplace"And" good reason ".

What is considered absenteeism?

So that there is a reason for the termination of labor relations in accordance with paragraphs. "A" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation, the employer must record one of the following actions on the part of the employee, committed without a valid reason:

absenteeism and absence throughout work shift;
being out of the workplace for more than four hours in a row;
termination of work before the termination of the dismissal procedure (before the expiration of a two-week period after writing an application for on their own; before the end date fixed-term contract etc.);
time off without agreement with the employer on the prescribed vacation days.

Important! If the employee was refused by the employer in a request to provide legal days off, the time of which cannot be appointed at the discretion of the employer (for example, a day of rest for the donor after donating blood), then absence from work on such a day cannot be considered absenteeism.

What is considered a workplace?

One of the actions of an employee for which he can receive a penalty is a long absence from the workplace. It should be understood that the terms “place of work” and “workplace” have different meanings.

Place of work Is the name of the organization with which the employee has concluded labor Relations... The employer's address is contained in the text employment contract v mandatory.

Workplace- This is a territory directly related to the performance of an employee of his job duties. The place where an employee must arrive to do his job should be limited to a specific office, office, warehouse, workshop, etc.

So if in the employment contract with the employee the employer prescribes in detail the territory of the workplace, then the absence of the employee at this place for four hours can be counted as absenteeism. But if only the place of work is indicated as a workplace, then only the absence of an employee throughout the day or shift can become the basis for collection.

Reason for absence: respectful or not

When employees know in advance that circumstances will force them to miss work, most often they coordinate this issue with the employer, and then provide supporting documents - subpoenas, certificates from various institutions, etc. However, when an employee has to justify his long absence ex post facto, by writing an explanatory note, the question of whether the reason for missing work was valid is left in each case at the discretion of the employer.

Despite the fact that the Labor Code does not provide an exact formulation of the "validity" of reasons or a specific list of events, taking into account common sense and the court decisions available today, we can give an approximate list of situations in which an employee’s absence from work cannot be counted as absenteeism:

Illness - even if the certificate of incapacity for work is then provided with errors;
Donation, including the period of medical examination related to donating blood (Article 186 of the Labor Code of the Russian Federation);
Delay or cancellation of a public transport flight;
Administrative arrest of an employee;
Failure to pay wages for more than 15 days - after notifying the manager in writing (Article 142 of the Labor Code of the Russian Federation);
Ignorance of the new work schedule and exit according to the old schedule - the right to demand compliance with the regime from the employer arises only after the official notification of the employee against signature;
Emergency and emergency situations etc.

As an excuse for his absence from work, an employee can bring a sick leave, a certificate from a transport or medical organization, a subpoena, etc. If the employer considers the reason to be valid, then all supporting documents will be sent to the employee's personal file. Otherwise explanatory letter employee will become one of the grounds for the application of an administrative penalty.

We establish the type and terms of collection

After receiving an explanation from the employee that is regarded as a disrespectful reason for missing work, the employer has several options for further behavior. In each specific case, the head must, in the opinion of the Supreme Court of the Russian Federation, assess the circumstances and apply a proportionate penalty, taking into account the employee's behavior prior to the situation. The employer can:

not pay for a work day or shift missed by an employee;
make a remark to the employee;
reprimand the employee's personal file;
dismiss the employee in accordance with paragraphs. "A" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation.

Important! The degree of punishment for a disciplinary act is determined by the employer independently, and only one type of punishment is imposed per case. Termination of an employment contract due to absenteeism is a right, but not an obligation of the employer.

Taking into account the possible terms for penalties, the manager must remember that he can make a decision and apply disciplinary punishment only within one calendar month from the day he became aware of absenteeism. And the most early date for dismissal - this is the date of receipt from the employee of explanations of reasons deemed disrespectful.

If there is no explanatory note from the employee, then the dismissal can be issued only if there are documents confirming that the employee has received a request to provide reasons for missing work (for example, about sending the request by mail).

Dismissal for absenteeism: step by step instructions

So that, based on the results of the audit, including that carried out on the basis of the employee's complaint, the employer is not obliged to reinstate the dismissed in office with payment of the entire period from the moment of dismissal, it is important for the employer not only to have good reasons and correctly justify the disrespectfulness of the reason for the employee's absence from work, but also to correctly observe the algorithm termination of an employment contract:

STEP 1 - Request a written explanation of the reason for absence from the employee.

When an employee does not go to work, the first step is to contact him and find out what happened to him. It is possible that he will immediately explain the reason for missing work by phone and promise to bring supporting documents the next day. When absenteeism is an exceptional case, and the dismissal of this employee due to a misconduct is not planned, the employer can take the employee's word for it and not continue the further truancy registration procedure.

However, when there is a suspicion that a disciplinary violation that has occurred may cause dismissal, the employer must request from the employee a written explanation for the absence from work (Article 193 of the Labor Code of the Russian Federation). So that later the employer could not be charged that he did not allow the employee to report the reasons for the failure to appear, it is better to draw up a notice of the need to provide explanations in writing and familiarize the employee with it against signature. If the employee refuses to sign the notice, it is necessary to draw up an act with the testimony of three witnesses who were present when the employee was familiarized with the demand.

If the employee does not make himself felt for a long time, then it is better to send a request for explanations to the employee's registration address by mail in the form registered letter with a list of attachments and a return receipt.

After receiving notification of the need to explain the reasons for the absence, the employee is given a deadline for a response of two working days. If during this time the head of the employing organization does not receive an explanatory note drawn up in his own name indicating the reasons for missing work and supporting documents, the employer draws up an act of failure to provide explanations within the time period specified by law. By specifying in the document the method and deadline for requesting explanations, as well as - upon notification by mail - by attaching a postal inventory and a document on delivery of the demand, the employer receives the right to dismiss the employee for absenteeism and without his written explanations.

Important! If there is no factual evidence that the employee received a request to provide an explanation, then it is illegal to initiate the dismissal procedure.

STEP 2 - Get a report on absenteeism from the employee's immediate supervisor.

If the organization is small, then this item can be skipped. However, if staffing table there are many departments and divisions, then, most likely, the head of the company will receive information about the employee's absenteeism from his immediate superiors, and it is better to write such a message in any form of a memo.

STEP 3 - Draw up an absence certificate.

The law does not provide for a unified form of a document stating the fact that an employee is absent from the workplace. As a rule, this moment is documented by an act, which necessarily reflects:

Name and position of the employee;
date and exact time period of absence (in the presence of an electronic pass system - with the attachment of printouts with marks about the employee's movements);
time of drawing up the document of absence;
signatures of all members of the commission that fixes absenteeism and consists of at least three workers-witnesses.

Despite the fact that dismissal for absenteeism is possible with a single violation labor discipline, in the event of a legal dispute, several acts on employee truancy will become a more weighty justification for the employer's decision.

STEP 4 - Reflect the employee's absence in the timesheet.

Look in work book about dismissal for absenteeism

STEP 7 - Make all payments due upon dismissal.

Simultaneously with the release of the order for dismissal, a calculation note is drawn up to account for all amounts due to the employee - wages for the hours worked and compensation for unchecked vacation. If the parties have disputes about the amount due to be paid, the employer must pay the uncontested part (part 2 of article 140 of the Labor Code of the Russian Federation). Payments are made on the day of official dismissal or no later than next day after the dismissed person turned to former employer with a request for payment.

So, the procedure for dismissal for absenteeism is carried out according to the general rules for terminating an employment contract (Article 84.1 of the Labor Code of the Russian Federation), including, if necessary, notify the military registration and enlistment office or the bailiff of the debtor's dismissal.

However, when initiating the termination of an employment contract for a gross violation of official duties, it is necessary, in addition, to be guided by the features provided for the process of imposing a penalty for disciplinary offense(Articles 192, 193 of the Labor Code of the Russian Federation).

Dismissal for absenteeism is usually an extraordinary task for a regular employee, and therefore the presented procedure for dismissal for absenteeism in the form of step-by-step instructions, relevant for 2018, will be useful for both employees and employers.

V labor law Russian Federation provides for the grounds on which the employer has the legal right to terminate the current employment contract with the employee for absenteeism. However, in practice, having received a "dismissal under the article" in their work book, even the most inveterate truants may not agree with the dismissal, undertake to challenge the dismissal, even if it was objectively fair and legal.

To eliminate the risks of such disputes, which take up a lot of time and effort, you need to clearly understand the whole process of how to properly fire this or that employee for absenteeism. Ideally, each HR professional should have a step-by-step detailed instructions dismissal of an employee for absenteeism, and there must also be a sample of each notice, act and order that are necessary in order for the registration of truancy to be correct.

First you need to decide what absenteeism is. Art. 81 of the Labor Code of the Russian Federation (clause 6, part 1) explains that absenteeism is considered to be the absence of a person at his workplace for more than four hours in a row or throughout his entire work shift, regardless of its duration. At the same time, it is important whether he had good reasons for this.

The employer has the right to terminate the contract after a single such violation. Dismissal for long absenteeism is also possible.

In order for the scheme of dismissal for absenteeism to be clear even to a non-professional personnel officer, step-by-step instructions are needed that are relevant in the current 2018.

Typically, signatures are put by the persons who discovered the fact of truancy, as well as by an employee of the personnel department or other official responsible for the truancy registration procedure. The collected documents are registered in the manner prescribed by the given employer. As a rule, - in the corresponding logs of accounting or registration.

Step 2. We clarify whether there are any restrictions on the dismissal of this employee at the initiative of the employer

It should be remembered that Article 261 of the Labor Code of the Russian Federation directly prohibits for any reason on the initiative of the employer, except in cases where the organization is liquidated, or in connection with the closure individual entrepreneur... In other words, even if a pregnant woman skips work every day, she cannot be fired for truancy.

Step 3. We check the terms established by law for dismissal for absenteeism

Obviously, the date of dismissal for absenteeism cannot be several years later than the absenteeism itself. Article 193 of the Labor Code of the Russian Federation defines the deadlines for dismissal for absenteeism. This period is equal to one month from the day the offense was discovered. It can be extended for the duration of the employee's sick leave or vacation, as well as for the time that will be necessary to request and take into account the opinion of the representative body of employees, if there is one in the organization.

Sometimes it is not immediately known about committing a truancy. Toda, if you discover the fact of absenteeism, you need to make sure that the term for the application of the penalty is not missed. It is six months from the day of the truancy. This period does not include the time for conducting criminal proceedings.

Step 4. We ask the employee for a written explanation of his absence from the workplace

To do this, an official notification must be issued about the need to provide an explanation of the absence from work in writing. The document must be prepared in duplicate so that each party receives one. We register the notification in accordance with the procedure adopted in this organization. Sometimes this is a log of registration of notifications, acts and service memos, sometimes, if the staff of the company is small, it can be a general log of personnel records.

The employer hands over one of the copies of the witness notice to the employee. On the remaining copy (copy of the employer), the employee signs that he is familiar with the notification, and received one copy in his hands.

According to the law, the employee is given two working days to provide a written explanation. The written explanation of the truant worker provided within this period must be registered in the appropriate journal and accepted for consideration.

If the employee refused to provide written explanations, you should still wait for the allotted two days in case he changes his mind and still uses his right to provide explanations. Otherwise, if it comes to a labor dispute, the court may consider that such a right was not granted to him, and reinstate him at work. This judicial practice exists.

If set time expired, and the employee was not provided with an explanation, then it is necessary to draw up an official act about this, which must also be accurately registered.

The absence of a written explanation from the employee is not an obstacle to the application of the prescribed disciplinary sanction, if the entire procedure for dismissal for absenteeism (s) has been followed.

Step 5. Consider all the circumstances of the truancy

Step 6. Checking the validity of the reason for absenteeism

The procedure for dismissing an employee for absenteeism (s) provides that dismissal under this article is possible only if the employee does not present good reason not showing up at work.

At the same time, dismissal for absenteeism in this case is not an obligation, but the right of the employer. If, after analyzing all the circumstances of the misconduct, the employer decides not to dismiss the employee, but to confine himself to imposing a comment or reprimand on him, this is his legal right. It may also be decided not to apply any disciplinary action at all. In this case step by step procedure the dismissal of an employee for absenteeism (s) stops there.

However, it makes sense to save all the collected notifications, explanations and acts in the employee's personal file in case the situation recurs.

If, after reviewing all the documents and taking into account all the explanations, the management decides to dismiss for absenteeism, then the following steps of the instructions are relevant.

Step 7. Filling out a dismissal order

The issued order is signed by an official authorized to perform these actions, registered in the order log or in another way established in this organization.

You should make sure that the employee at the time of dismissal is not on vacation or is not temporarily disabled. During these periods, the dismissal of employees on the initiative of the employer is illegal (Article 81 of the Labor Code of the Russian Federation). In this case, the dismissal of the employee will need to be postponed until the end of this period.

Step 8. We will acquaint the employee with the order of dismissal under signature

If the dismissed employee is familiar with the order, and has certified it with his signature, the order must be registered. If the order cannot be brought to the attention of the employee, or he refuses to put his signature on it, a corresponding entry is made on the order itself (part 2 of article 84.1 of the Labor Code of the Russian Federation). If the employee refuses to familiarize himself with the issued order of dismissal, it is necessary to draw up and register an act (part 6 of article 193 of the Labor Code of the Russian Federation).

Step 9. We make payments with the employee

Step 10. We make a record of the dismissal in the work book, duplicate the entry in the personal T-2 card

The employee certifies these records with his signature on his personal card. Also, upon dismissal, it is necessary to check that each record made by this employer in the labor (about admission, about transfer to another job, about dismissal) is duplicated in the personal card. And opposite each - there was the signature of the dismissed employee.

Step 11. We make a copy of the work book

A copy should be kept in the archive of the organization in case reliable information is needed about the length of service of the dismissed person, for example, for the FSS of the Russian Federation.

Step 12. Issuance of his personal work book to the employee

In a classic situation, the work book is issued on the last day of work. Sometimes this is not possible due to the absence of the employee or refusal to receive it. In this case, first of all, an appropriate act is drawn up, and the employee is sent an official notice of dismissal and the need to personally come for a work book or to give written consent to the employer's representative to send it by mail.

The notification is logged. If an employee who does not agree to receive his work book immediately after dismissal, after some time turns to the employer for it, then it should be given to him within three (working) days from the day written request employee.

Step 13. We confirm the fact of issuing a work book

Any organization where at least one employee works must keep a register of the movement of tr. books and inserts. It records such information as the date of admission of each employee to work and, accordingly, the receipt of his work book for safekeeping.

When issuing a book, an employee must make an entry about this in the Book of Accounts. The date of dismissal and the date of issuance of the work book are also stamped. Former employee must personally sign in confirmation of the receipt of the document.

Step 14. Issuance of additional documents to the employee

We issue certificates to the dismissed, which contains information about the amount of his earnings. The employer's obligation is to issue to each dismissed employee the certificates specified by law (clause 3 of part 2 of article 4.1 of the law of December 29, 2006 N 255-FZ). Often, when employees leave, they expect to automatically receive a 2-NDFL certificate as well. However, the employer's obligation to issue this certificate occurs only if the employee applies with a written application for its issuance.

Today, there are several ways to fire an officially employed employee. One of the most unpleasant is the dismissal under the article. Most often this happens due to ordinary absenteeism.

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Legal basis

Based on this provision, the employer can unilaterally terminate the employment contract with his employee.

Today the edition is used Federal law from 30.06.06. But not for every absenteeism an officially employed worker can be fired.

This requires a match a large number various factors:

the employee was absent from his workplace all day - even if the working time is only a few hours (if the working day is full - then at least 4 hours in a row);
the employee is absent directly from his workplace, but if such a place is not assigned to the employee and he was somewhere on the territory of the enterprise, absenteeism is not counted;
the employee is absent for no valid reason;
the fact of absence is proven.

A good reason is any situation that prevents an employee from arriving at his workplace on time. For example:

interruptions in public transport;
summons to trial;
disease;
crash.

It is only important to have the appropriate documentary evidence of the presence of insurmountable circumstances.

It can be a sick leave or something else. At the same time, if the employee could not warn the management about his absence in advance or on time, this is not the reason for the imposition of a disciplinary sanction.

For the formation of an appropriate order of dismissal for absenteeism, it is necessary to have documentary justification.

All claims that are grounds for dismissal must be necessarily substantiated and proven, recorded. At the same time, the procedure for bringing an employee to disciplinary responsibility must be followed without fail.

The execution of the order of dismissal for absenteeism itself has the following features:

it is not required to issue two documents (on disciplinary action and on dismissal) - the order itself is enough;
for the formation of the document in question, a unified form is used.

In this case, as a basis, various memoranda are indicated, as well as other documents confirming the fact of absenteeism. If an employment contract with an employee is terminated in this way, then an appropriate entry is made in the employment book.

If any disputes arise between the employee and the employer, it is necessary to focus on the following documents:

Labor Code of the Russian Federation of December 30, 2001 (edited by Law No. 197-FZ);
Resolution of the Plenum of the Supreme Court of the Russian Federation of 03.17.

Effects

Dismissal for truancy entails quite serious consequences. That is why it is worth avoiding this, since later it will be quite difficult to get a job - a corresponding entry is made in the work book: pp. "A" part 1 of article 81 Labor Code Russian Federation.

Usually, the wording itself is as follows: “The employment contract is terminated due to gross violation by the employee job responsibilities».

Almost always, the employer scrutinizes the work book of his potential employee.

And the presence of such a record immediately characterizes a person as unreliable. But this moment is the only unpleasant consequence for those who were dismissed under the article for absenteeism.

Quite often, a situation occurs when dismissal for absenteeism occurs as a result of going on vacation without warning or due to an untimely exit.

But in this case, the employer has the right to threaten dismissal only if there is no schedule. Which is also a serious violation and a fairly serious fine is imposed for this.

Therefore, in such a situation, most employers try to find a compromise with their employees.

How to avoid being fired for absenteeism

Violation of the Labor Code always threatens with rather serious problems. But there is always different ways get out of a difficult situation if the employer has grounds to dismiss his employee for absenteeism. Moreover, such actions are completely legal.

For example, when an employee is absent from his workplace for more than 4 hours, the employer has every right to initiate a disciplinary procedure.

According to Art. No. 193 of the Labor Code of the Russian Federation, the employee is obliged to provide the personnel department with an appropriate justification for his absence from the workplace.

But at the same time, according to the same Labor Code of the Russian Federation, the employee must be given at least 2 working days to form an appropriate explanatory letter.

In this case, it is necessary to put an appropriate mark with your employer - so that later the employee of the personnel department does not have the right to draw up an appropriate act on the failure to provide an explanatory note.

In this way, you can win two whole days. During all this time, you must do the following:

write a statement of your own free will;
urgently "get sick" and take a sick leave or go to donate blood.

If an employee decides to write a letter of resignation of his own free will, in most cases the organization will not interfere with him.

Since terminating an employment contract in this way is much easier than carrying out the procedure for dismissal for absenteeism. Almost always some compromise can be found with management.

The second way is to take a sick leave. Of course, nothing needs to be falsified. Since for the forgery of a sheet confirming incapacity for work, a serious penalty is provided in accordance with the relevant article of the Criminal Code.

But when visiting a doctor, it is necessary to indicate the date of the onset of the disease - he must fill out the form accordingly.

It will simply be necessary to designate it as a truancy day. In this case, the employer will not have the right to fire for absenteeism or impose any penalty.

The third way to legally evade responsibility for absenteeism is to donate blood. According to the Labor Code of the Russian Federation, the employee is released from his immediate duties, as well as the next day.

But at the same time, it should be remembered that the employer must be notified of the fact of using the next day for rest due to donating blood.

In this case, it is necessary to be guided by the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated 03.17.04.

When using the latter method, you must proceed as follows (if dismissal is inevitable):

write a letter of resignation;
get sick for two weeks.

After that, you can safely take the work book - the personnel department is obliged to make a record of the termination of the employment contract at the request of the employee himself.

A two-week period is necessary due to the obligation to notify the employer in advance of voluntary dismissal.

In all of the above cases, the employer simply does not have the right to fire his employee for absenteeism for the following reasons:

Further, you should not appear at work on the day of dismissal of your own free will - you must continue to get sick. When a certain deadline expires, the employer simply has to send an appropriate notification by mail with a request to appear for a work book.

If, for some reason, the employee does not want to visit former place work, you can get this document by mail.

When dismissal is imminent, it is best to use one of the above schemes. This will prevent the appearance of a record in the employment letter of dismissal for absenteeism.

Features of employment after dismissal

At the new place of work, they are always interested in the track record and carefully look through the work book. That is why very often there are problems with subsequent employment.

In such situations, it is necessary to explain to the new employer the reason for such an entry, to find a rational and convenient explanation.

The easiest way is to say that they could not find a common language with the former boss, and thus he decided to take revenge.

Dismissal for absenteeism- the phenomenon is not uncommon, but requires careful observance of all the norms established for this procedure. Consider the sequence of registration of dismissal for absenteeism.

What does Article 81 of the Labor Code of the Russian Federation consider to be absenteeism?

In Art. 81 of the Labor Code of the Russian Federation, describing cases of termination of an employment contract at the initiative of the employer, absenteeism is devoted to sub. "A" p. 6. Truancy is one of the situations of a gross one-time violation of labor duties, expressed in the absence of an employee at the workplace without a valid reason for more than 4 hours in a row or during the working day or shift. Dismissal - one of the types of punishment for a disciplinary offense (Article 192 of the Labor Code of the Russian Federation), which is considered absenteeism - is used as a last resort.

The manager can, given specific situation and the merits of the employee, decide on a different punishment for him (for example, apply a reprimand or reprimand).

Read about how you can remove the punishment in the material .

To apply the punishment in the form of dismissal for absenteeism, it is necessary that:

the employee did not belong to the category of persons not subject to dismissal (these are pregnant women, as well as persons on sick leave or on vacation);

the fact of absence from the workplace was documented and fit into the duration established by the Labor Code of the Russian Federation; what kind of place for an employee is a worker must be fixed in the employment contract;

the reason for the absence was not valid or had no documentary evidence;

all necessary procedure dismissal, including the terms for the application of this punishment (Article 193 of the Labor Code of the Russian Federation): before the expiration of a month from the date of establishment of the fact of absenteeism, but not later than six months from the date of its commission (minus the time spent on sick leave, on vacation, on time off or time of involvement in a criminal case).

Failure to comply with any of the listed provisions may lead to the recognition of dismissal for absenteeism illegal in court, if the employee applies there.

The procedure for dismissal for absenteeism

Absenteeism can be divided into 2 groups:

short-term - it is possible to establish all the circumstances of the misdemeanor within a short period of time;

long-term - it is impossible to quickly find out what happened to the employee who has committed absenteeism.

Division into these groups determines different approach to the procedure for dismissal for absenteeism, subject to general requirements... Let us reflect in the table the features of the stages of dismissal, depending on their belonging to one of the groups. This description can be guided as step by step instructions upon dismissal for absenteeism in 2017.

Short-term absenteeism

Long-term absenteeism

The employee is absent from the workplace for more than the prescribed time for an unknown reason

For each fact or day of absence, an act or memorandum of the head of the department on the absence of an employee is drawn up. They note the fact of absence for an unclear reason in the time sheet

Getting explanations

The employee is given a written request for an explanation and given 2 working days to compile it. In case of refusal to provide an explanation, an act of such refusal is drawn up

The employer is trying to independently find out the reasons for the absence of the employee by calling him or his relatives, sending letters or telegrams with notification at the registration address, submitting an application to the police

Consideration of reasons for absence

There is no explanation, it is disrespectful or not documented. A memorandum is drawn up in the name of the head of the organization, which reflects the fact of establishing a violation

It was not possible to find out the reason for the absence. Draw up an act on the futility of finding out

Making a decision on dismissal

Based on the decision of the head, an order is issued in the form of T-8 or T-8a (if a group of persons has been absent), in which subparagraph is indicated as the basis for dismissal. "A" clause 6 of Art. 81 of the Labor Code of the Russian Federation, and all documents drawn up when fixing the fact of absenteeism and receiving explanations for it are listed as justification documents

Dismissal order date

Actual compilation day

The order is drawn up by the date of its actual drawing up, but the very fact of dismissal in it corresponds to the date of the last working day before the first day of continuing absenteeism (letter Federal Service on labor and employment of the Russian Federation of July 11, 2006 No. 1074-6-1)

Familiarization of the dismissed employee with the order

On receipt within 3 working days from the date of the order. In case of refusal, an act of this circumstance is drawn up (Article 193 of the Labor Code of the Russian Federation)

In the absence of an employee about the impossibility of notifying him, an appropriate entry is made in the order (Article 84.1 of the Labor Code of the Russian Federation). A copy of the order can be sent to the employee by letter to the address of his registration

Calculation of severance

It is done completely in the usual way on the last working day with the issuance of all the necessary certificates (Article 84.1 of the Labor Code of the Russian Federation)

The very calculation of payments is done in full in the usual manner on the last working day. Money is issued on this day if it is possible to transfer it to the card. If it is impossible to issue, the employee is sent a written notification of the need to appear for money

Issuance of a work book

On the day of dismissal with the signature of the employee in the personal card, the work book book and in the work book itself. In case of refusal to receive a work book, an act of this is drawn up

The employee is sent a written notice of the need to appear for a work book or inform in writing about his consent to send it by mail (Article 84.1 of the Labor Code of the Russian Federation)

About the features of the compilation different types read the timesheet in the articles:

All documents (acts, notifications, letters, memoranda, explanations) drawn up in the course of the dismissal procedure for absenteeism are drawn up in any form and recorded in the relevant accounting logs. The acts must be signed by at least 3 persons who were present when the employee refuses to draw up, receive a document or sign it.

Dismissal for absenteeism does not require the issuance of orders other than the order for dismissal in the established form T-8 or T-8a (definition The Supreme Court RF dated 09.11.2012 No. 60-APG12-7, letter of the Federal Service for Labor and Employment of the Russian Federation dated 01.06.2011 No. 1493-6-1).

When dismissing for absenteeism, the employer, as well as during ordinary dismissal, is obliged to report this fact:

to the military registration and enlistment office, if an employee who is subject to military registration is dismissed;

Federal Bailiff Service (FSSP) upon dismissal of an employee, from whose salary deductions were made on a writ of execution. At the same time, the writ of execution is returned to the FSSP with a note in it about the deductions made during the period of work. If alimony was paid under this document, then the alimony recipient is also informed about the dismissal.

Where to find samples of HR documents for truancy

Most of the documents with which dismissal for absenteeism is issued are drawn up in an arbitrary (free) form. Therefore, it is important in them to reflect the essence of the recorded circumstance, correctly indicate the dates and time intervals, data of the absent person, affix the necessary signatures and record the fact of registration of the drawn up document.

Read about how you can draw up an act when the employee refuses to explain in the material .

The only document that, upon dismissal for absenteeism, is done in the prescribed form, this is an order to dismiss. However, the form used for this is no different from a regular dismissal order. The differences consist only in references to the numbers of articles of the Labor Code of the Russian Federation as a basis for dismissal and in the list of documents justifying the creation of an order.

The percentage of workers recovering from their previous job after being fired for absenteeism is high. In most cases, this is caused by a violation of the termination procedure. Judicial practice and the accumulated experience of companies will help to eliminate the "blank spots" in legislation.
Grounds for dismissal
The employer's right to dismiss an employee for a one-time gross violation labor duties, including due to absenteeism, are enshrined in article 81 of the Labor Code of the Russian Federation. The article defines absenteeism as “absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ".
Additional explanations can be found in jurisprudence, in particular, an employee can be dismissed in such cases (clause 39 of the resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2):
absence from work without good reason, that is, absence from work during the entire working day (shift), regardless of the length of the working day (shift);
finding an employee without good reason for more than four hours in a row during the working day outside the workplace;
leaving work without a valid reason by an employee on an open-ended employment contract without notifying the employer about termination of the contract;
leaving work without a good reason by a person who has entered into a fixed-term employment contract before the expiration of the contract;
unauthorized use of time off or going on vacation (main, additional).

Determining the period of absence of an employee from work and the validity of the reasons for such absence are especially problematic moments for the employer. So, neither the courts, nor the specialists in labor law cannot clearly answer the question of whether to include breaks for meals in the four-hour period of absenteeism. There are two points of view on this issue.
Position 1. Lunch break should be included in the 4-hour period of truancy. If this is not done, then it is almost impossible to fire an employee for absenteeism. The fact is that the Labor Code of the Russian Federation does not define a working day as working hours before lunch and after. This means that the lunch break cannot interrupt the period provided for by Art. 81 of the Labor Code of the Russian Federation (subparagraph "a", clause 6, part I).
Position 2. Lunch break is not included in the 4 hour skip time. Article 106 of the Labor Code of the Russian Federation refers a break for eating to a time of rest. This means that the employee at this time is free from the performance of labor duties. Absence from the workplace during this time cannot be blamed on the employee and entail disciplinary responsibility.
The second point of view in judicial practice is more common, but the final decision remains with the employer.
The next controversial point is the respectfulness of the reasons for absenteeism. Since the legislation does not contain a list of such reasons, the decision is made by the employer, realizing the possibility of checking the validity of the recognition of the reason for absenteeism valid in court in the event of a dispute with the employee. Note that in such cases, the courts take into account the severity of the employee's misconduct, attitude to work, the impact of the employee's absence on the work process, the circumstances of the misconduct. The following reasons for the employee's absence were attributed to respectful judges:
participation in court proceedings;
unpaid leave, assigned to the employee in accordance with the Labor Code of the Russian Federation;
absenteeism after two weeks have passed since the employer's written warning about the desire to quit;
feeling unwell (documented);
the child's illness, which is confirmed by a doctor's certificate, extracts from a medical card (even when the sick leave is open only the next day);
emergency renovation works in the employee's apartment (confirmed by a certificate from the HOA, ZhEK, etc.);
finding an employee on the way to the place of study and back;
suspension of work due to delay by the employer for more than 15 days in the payment of wages (on the basis of Article 142 of the Labor Code of the Russian Federation), even if the debt is partially repaid;
the employee is serving an administrative penalty (administrative arrest).

If a dispute arises about the legality of dismissal, the employer is obliged to prove the fact of absenteeism. Therefore, it makes sense to resort to dismissal for absenteeism only if there is undeniable evidence of disrespect for the reasons for absence from the workplace, as well as documented information about the absence of an employee within a 4-hour period.
Important! Dismissal of an employee for absenteeism during a period of temporary incapacity for work, an employee's vacation, as well as during an employee's pregnancy is illegal (part 6 of article 81 and part 1 of article 261 of the Labor Code of the Russian Federation).
Dismissal algorithm for absenteeism
You should not fire an employee for absenteeism before he appears at work, because the reason for the absence may be valid, and the employee could not inform the employer about it. Now we will consider the procedure for dismissal for absenteeism in stages in order to exclude possible reasons for a labor dispute with an employee.
Step 1. Reveal the absence of an employee... The law does not give precise recommendations on this matter. Any employee of the enterprise can find out that an employee is absent: timekeeper, immediate supervisor, colleague. If there is no information about the location of the employee or the reasons for the absence, any of the named employees notifies the management of the company in writing.
The documents: memo; time sheet (marked with "НН" - absence due to unclear reasons).
Step 2. Draw up an act on the employee's absence from the workplace. Here it is important to correctly record the period of absence. The act is drawn up on the same day when the absence of the employee is revealed, otherwise the court will not recognize the reliability of the evidence. In the act, record: the fact of absence, the time of absence, the time of drawing up the act, get the signatures of at least 3 people from those employees who are near the workplace and have the opportunity to observe the place of the absent. Please note that if an employee is absent for more than a day, then acts must be drawn up daily.

The documents: the act of absence of the employee at the workplace. It is advisable to draw up two documents - by the middle and by the end of the working day.
Step 3. Demand explanations from the employee. This can be done orally if the employee immediately provided an explanation. Otherwise, draw up the request in writing and hand it over to the employee with a personal signature. If the employee refuses to receive the request, draw up a free-form refusal statement with the signatures of at least three company employees who will certify the refusal.
If the employee does not appear at the workplace for a long period, send him a request by mail with a receipt acknowledgment, which must include the date of receipt of the document by the employee.
The documents: a requirement to provide a written explanation; an act of refusal to receive a claim.
Step 4. Get an employee's explanation or record a refusal to explain. After the submission of the request for a written explanation, the employee has two days to explain his absence. The countdown of days starts from the day following the day of transmission of the request. Within the same period, the employee can provide evidence of valid reasons for absence. The explanation is in writing. If after two days the employee does not explain himself, then an act of refusal to provide an explanation must be drawn up. The act is certified by the signature of at least three employees.
The documents: employee explanation (explanatory note); an act of refusal to provide explanations.

Step 5. Service investigation. It is used when it is not known whether the reason for the absence was valid, or when the employee does not get in touch. If it is not clear whether the employee is at fault, then it is better to create a commission to conduct an investigation. The commission will draw up an official investigation report, it indicates the circumstances that have been clarified.
The documents: an order on the creation of a commission for conducting an official investigation, an act of an official investigation.
Step 6.Deciding on the extent of responsibility. Dismissal acts as a disciplinary measure, but the employer is not at all obliged to dismiss such an employee. You can apply other disciplinary measures - reprimand or reprimand. The employer makes any decision independently.
The documents: understanding of prosecution.
Step 7.Dismissal. By general rule a disciplinary sanction may be applied by the employer not later than one month from the date of discovery of the offense and not later than six months from the date of its commission. Violation of these terms gives grounds for recognizing the dismissal as illegal.
So, if the decision to dismiss was made, then it is recommended to check the reasons and duration of the absence again. After checking, collecting evidence and issuing the above documents, you can issue a dismissal order. Familiarize the employee with this document for signature - 3 days are allotted for this from the moment the order is issued, not counting the time the employee is absent. In case of refusal to sign, draw up an act. On the day of termination of the employment contract, give the employee a work book and make a calculation (on the day the employee appears at work).

Note that the legislation does not provide for liability for the non-coincidence of the last working day with the day of termination of the employment contract. The last day of the employment contract is considered the day preceding the first day of absence, it is he who is the last day of work of the employee.

	Short-term absenteeism	Long-term absenteeism
The employee is absent from the workplace for more than the prescribed time for an unknown reason	For each fact or day of absence, an act or memorandum of the head of the department on the absence of an employee is drawn up. They note the fact of absence for an unclear reason in the time sheet
Getting explanations	The employee is given a written request for an explanation and given 2 working days to compile it. In case of refusal to provide an explanation, an act of such refusal is drawn up	The employer is trying to independently find out the reasons for the absence of the employee by calling him or his relatives, sending letters or telegrams with notification at the registration address, submitting an application to the police
Consideration of reasons for absence	There is no explanation, it is disrespectful or not documented. A memorandum is drawn up in the name of the head of the organization, which reflects the fact of establishing a violation	It was not possible to find out the reason for the absence. Draw up an act on the futility of finding out
Making a decision on dismissal	Based on the decision of the head, an order is issued in the form of T-8 or T-8a (if a group of persons has been absent), in which subparagraph is indicated as the basis for dismissal. "A" clause 6 of Art. 81 of the Labor Code of the Russian Federation, and all documents drawn up when fixing the fact of absenteeism and receiving explanations for it are listed as justification documents
Dismissal order date	Actual compilation day	The order is drawn up by the date of its actual drawing up, but the very fact of dismissal in it corresponds to the date of the last working day before the first day of continuing absenteeism (letter Federal Service on labor and employment of the Russian Federation of July 11, 2006 No. 1074-6-1)
Familiarization of the dismissed employee with the order	On receipt within 3 working days from the date of the order. In case of refusal, an act of this circumstance is drawn up (Article 193 of the Labor Code of the Russian Federation)	In the absence of an employee about the impossibility of notifying him, an appropriate entry is made in the order (Article 84.1 of the Labor Code of the Russian Federation). A copy of the order can be sent to the employee by letter to the address of his registration
Calculation of severance	It is done completely in the usual way on the last working day with the issuance of all the necessary certificates (Article 84.1 of the Labor Code of the Russian Federation)	The very calculation of payments is done in full in the usual manner on the last working day. Money is issued on this day if it is possible to transfer it to the card. If it is impossible to issue, the employee is sent a written notification of the need to appear for money
Issuance of a work book	On the day of dismissal with the signature of the employee in the personal card, the work book book and in the work book itself. In case of refusal to receive a work book, an act of this is drawn up	The employee is sent a written notice of the need to appear for a work book or inform in writing about his consent to send it by mail (Article 84.1 of the Labor Code of the Russian Federation)