O.G. Khmelevskoy, lawyer

Absence of an employee: absence for a good reason or absenteeism?

The Decree and Resolution of the Presidium of the Supreme Soviet of the USSR mentioned in the article can be found: section “Documents of the USSR” of the ConsultantPlus system

Everyone knows that absenteeism can be a reason for dismissal. And absenteeism is the absence of an employee from the workplace in working time more than 4 hours in a row without a good reason sub. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation. At the same time, there is no list of valid reasons in the labor legislation. And in each case, the employer, or rather, the manager, needs to figure out why the employee was absent and how valid this reason is. We will not try to compile such a list, it is impossible. Here are just a few examples from judicial practice, in which cases the courts recognized the reason for the absence of an employee as valid, and in which they did not.

When there is a good reason

In fairness, it must be said that the legislation nevertheless provides for something. If an employee is absent due to illness and brought sick leave - a good reason is undeniable.

In addition, the Labor Code of the Russian Federation requires the employer to release the employee from work for the duration of his state or public duties Art. 170 of the Labor Code of the Russian Federation. For example, when an employee is a member of the election commission and Art. 165 of the Labor Code of the Russian Federation; Art. 12 of the Law of November 26, 1996 No. 138-FZ or juror m Part 1 Art. 10, part 3 of Art. 11 of the Law of 08.20.2004 No. 113-FZ. Moreover, the employee does not need to pay for “state” or “public” days. Whoever involved the employee in the performance of these duties must compensate him for the earnings lost during this time. Art. 170 of the Labor Code of the Russian Federation.

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

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

The presence of a sick leave certificate confirms that the reason for the absence of the employee is valid. But what if the doctor had an employee, but did not receive a sick leave? The absence of an employee's disability certificate does not in itself indicate absenteeism. Thus, the Moscow City Court declared the dismissal of an employee unlawful despite the fact that he did not submit a sick leave Determination of the Moscow City Court of August 10, 2010 No. 33-23831. The confirmation of the validity of the absence of the employee was an extract from the medical record of the employee, issued by the hospital.

After all, the reasons for going to the doctor are different. Suppose an employee decides that he is ill and goes to the doctor. Perhaps the reason for going to the doctor was eliminated during the appointment, or the doctor did not find a cause for concern, did not issue a sick leave certificate, and the employee came to work.

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

But absence from work due to self-extended leave for the period of illness there is no reason to dismiss an employee, even if he did not have the opportunity to promptly notify the employer of his illness. This point of view was expressed Supreme Court in the case when the employee returned to work after a vacation a few days later due to illness Definition of the Supreme Court of 04.10.2013 No. 69-KG 13-4. After all, the employer is obliged to extend the vacation in case of temporary disability, the employee and Art. 124 Labor Code of the Russian Federation, so if the worker fell ill on vacation and was unable to notify the employer, and when he went to work, he presented a sick leave, there were no grounds for dismissal.

Another valid reason for the absence of an employee may be call as a witness in particular to the court, to the internal affairs bodies, to tax authority. After all, the witness is obliged to appear to testify, otherwise he may be brought to justice or brought to justice. p. 1 h. 6, h. 7 art. 56 Code of Criminal Procedure; Part 1 Art. 70, part 2 of Art. 168 Code of Civil Procedure of the Russian Federation; paragraph 1 of Art. 90, art. 128 of the Tax Code of the Russian Federation; Part 2 Art. 56, part 2 of Art. 157 agrarian and industrial complex of the Russian Federation. The fact that calling an employee as a witness is a good reason for absence from the workplace was also confirmed by the Supreme Court. Determination of the Armed Forces dated April 30, 2010 No. 6-B 10-1.

Can it be accepted as a valid reason? returning from vacation with a "delay", when the employee spent vacation away from the place of work and residence and was not able to return in time for reasons beyond his control? Of course, one could speculate about the need to plan a vacation so that force majeure does not affect the return from vacation. Moreover, the postponement or delay of a flight is not uncommon. Unfortunately, this issue cannot be said to be closed.

Last modified: January 2020

Missing work hours may be subject to disciplinary action by the employer. However, there are good reasons for non-attendance at work, justifying the employee by some norms of the law. In order to eliminate the risk of undesirable consequences on the part of the administration, as well as to be able to justify the position at work, the employee should carefully study the circumstances under which the absence will not become a violation of labor discipline.

Difficulties with the correct interpretation of situations in which the employee is absent from the workplace are sometimes experienced by the employer, because there is no direct explanation on this issue in the Labor Code of the Russian Federation.

When absenteeism becomes absenteeism

The law considers 2 categories of non-attendance, depending on the specific circumstances of the person.

1 The first category is absence from work without good reason when nothing prevented the employee from appearing at work, but he ignored the obligations under the employment contract and neglected the assigned duties. If the absence from work exceeded the 4-hour interval, and the employee could not provide convincing evidence that the pass was agreed with the legislative norms or the management itself, they speak of absenteeism. Absenteeism without a good reason is a reason to apply a penalty to the offender (reprimand, severe reprimand, dismissal under the article). 2 The second category is interesting in that skipping a working day will not entail negative consequences, since it is agreed upon by law. If a person could not physically be present and fulfill labor obligations, if there is a good reason for not showing up for work, the employee is not a truant.

Sometimes there is a misunderstanding between the parties to the employment relationship, and management orders the employee to be fired. A person who disagrees with the opinion of the administration has the right to challenge such a decision and be reinstated in the same place by applying to the court.

good reasons

The opinion of management in determining the degree of guilt of a absent employee has a certain weight, but in priority, the validity of the reason for the absence is judged based on the norms labor law(TC RF). Sometimes an employee is exempted even from the need to coordinate his absence (for example, with the development of an indisposition, confirmed by an open sick leave).

Before judging the right to absenteeism, employed citizens should examine cases of mandatory management notification and situations where prior approval is not needed.

Article 128 of the Labor Code of the Russian Federation defines circumstances that require mandatory notification of absence from work due to leave at one's own expense. Articles 125, 262, 267 regulate special situations where unpaid leave is granted without the consent of the administration.

Upon prior notice, employees have the right to be absent for the following reasons:

• death of a family member or close relative (upon an application addressed to the manager, a 5-day unpaid leave is allocated);
• registration of marriage in the registry office and wedding celebrations (5 days of vacation are issued without saving payment);
• the birth of a child gives a similar right to 5 days at his own expense.

Certain categories of citizens have the right to be absent for the number of days established by the Labor Code of the Russian Federation, having previously notified the employer of the reasons for absence from the workplace, the following categories can serve as an example of such absence:

• persons with disabilities (with an assigned disability group);
• veterans Patriotic War;
• employed citizens of retirement age;
• employees who have not reached the age of majority;
• legal spouse, parents of law enforcement officers and rescue workers who died in the circumstances of the line of duty;
• parents who are dependent on children with disabilities;
• employees who went on paid leave and then called back from it to perform urgent work in the interests of the company;
• hired personnel who did not receive wages within the time limits determined by labor legislation.

The last paragraph requires compliance with the mandatory notification procedure. If management delays labor payments, on the basis of Art. 142 of the Labor Code of the Russian Federation, after a 15-day period from the date of the planned receipt wages the employee notifies in writing of absenteeism.

In a statement addressed to the manager, the employee explains the reason for absenteeism - the delay in paying wages.

Assuming valid reasons under which employees of the above categories have the right not to go to work, the law requires a written notification of the organization's management of their intentions, since the sudden absence of a specialist threatens to disrupt production process and other negative consequences for the organization.

To protect yourself from the arbitrariness of the administration, all written appeals addressed to the management should be duplicated, insisting on registering the document and marking your own copy for consideration. If it is not possible to personally transfer the papers, it is possible to send a registered letter with a delivery notification.

Additional reasons

There is no separate norm and article in the labor legislation where it would be listed what is considered a good reason. In the following cases, an absent employee has the right to count on coordinating the time of his absence from work without subsequent sanctions from the administration:

1. Temporary disability of an employee or a member of his family, confirmed by an open sick leave, gives the right to be absent legally for the entire period of illness.
2. Donation, with confirmation of the fact of blood donation by a relevant certificate from a medical institution, serves as the basis for release from work duties for 2 days.
3. A strike with the participation of an employee does not give the management the right to fire a person for a pass, which is confirmed by Art. 414 of the Labor Code of the Russian Federation.
4. Calling a citizen to perform duties to the state, if it is necessary to perform special assignments or public works.
5. Involvement in court proceedings through the subpoena.

Since the Labor Code does not clearly indicate what situations can be considered disrespectful reasons for non-attendance, one should adhere to the basic norms of the Labor Code and established judicial practice. So, for example, the following situations can be recognized as disrespectful reasons:

• passing a medical examination, consulting a doctor without opening a sick leave;
• absence from work with an unregistered exit from vacation and the absence of supporting papers that the period was worked out;
• lack of agreement on the application for leave to care for a minor ward;
• husband's hospitalization.

Unless otherwise provided by law, management will decide whether to consider the reason for non-attendance as valid or to apply punishment for violation of labor discipline.

Depending on the severity of the misconduct, the management has the right to reprimand for a single fact of violation, but with systematic misconduct and ignoring the working hours, the administration may be subsequently dismissed under the article.
In special cases, if the absence from work for more than 4 hours caused a failure in production and led to losses for the enterprise, dismissal with the first misconduct is also lawful.

If the employee considers the applied sanction to be excessively strict, the decision of the administration is challenged in judicial order. Don't forget that final decision Whether to punish a subordinate, the head decides on his own, and has the right to cancel the punishment or limit himself to an oral remark.

Position of personnel officers

Before you initiate a dismissal or issue a reprimand, you should wait for an explanation from the employee. Sometimes, unforeseen circumstances arise in which it is not possible to notify the manager or be present at the workplace.

There are some external circumstances that do not depend on the will of a person, and force majeure cannot be a reason for accusing a violator of discipline. Such situations include:

• the jamming of the elevator makes it impossible to get to work on time, and the time it takes to rescue a person can last for hours;
• car accident while driving to the place of work;
• departure of the regular bus and the unavailability of alternative ways to get there;
• natural disasters, the effects of the elements (floods, hurricanes, etc.);
• an epidemic in the region, forcing mandatory vaccination;
• problems with transport when returning from a vacation trip or business trip, lack of travel tickets.

If, at the request of the employer, a person submits a detailed explanatory note and attaches supporting documents, the application of sanctions is unlawful, since there were good reasons for being absent from work.

When an employee did not go to work, having previously agreed with the manager about the absence, it is impossible to punish the employee if an order for time off or leave was issued before leaving. Even if the consent of the employer is not required, the employee must still apply and obtain an approval visa for the supervisor. So that later it would not be possible to apply disciplinary sanctions against an absent person, it is worth getting an order to provide days of vacation or time off.

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Absence of an employee at the workplace for more than 4 hours or the entire working day (shift) without confirmation of a good reason is considered absenteeism (clause 6, paragraph "a" of Article 81 of the Labor Code of the Russian Federation).

Good reasons can be divided into groups:

• personal reasons;
• force majeure circumstances;
• documented permission of the employer.

Valid reasons for absenteeism of a personal nature

There are a lot of life circumstances, and not all of them are valid. Let's analyze some of them.

Disease. An employee may be absent from the workplace in case of illness. Usually, an employee takes a sick leave, but sometimes he can refuse this to save his salary. Then the employee must provide a certificate from the doctor indicating the date of admission. A similar situation, in case of illness of a child or other family member, you need to provide a certificate from a doctor or take a sick leave to care for the child.

Body check at some enterprises - a mandatory procedure under an employment contract (Article 213 of the Labor Code of the Russian Federation). If the employee did not pass it on his own initiative and brought a certificate from the doctor, then the absence is not absenteeism and is considered a good reason. In addition, on the day of passing a medical examination, as well as donating blood, the employer is obliged not only to release the employee from work, but also to provide an additional day of rest and pay for these days average earnings(Article 186 of the Labor Code of the Russian Federation).

Accident. To unexpected breakdowns in the field utilities include a gas leak, a breakdown of common house equipment, an accident, a power outage, a fire, and so on.

Court. Participation in state processes will also be a good reason: for example, if an employee is in court as a plaintiff or witness, represents an election commission or participates in a strike (Article 414 of the Labor Code of the Russian Federation). Besides that one government agency or public association who attracted the employee to this activity must pay compensation to the employee for the time they were absent from the workplace (Article 170 of the Labor Code of the Russian Federation).

Non-payment of wages. If the employer delays wages for more than 15 days, the employee has the right to suspend work until the payment of the delayed amount, notifying the employer in writing in advance. However, it is impossible to suspend work during a period of martial law, a state of emergency, in the bodies and organizations of the Armed Forces of the Russian Federation, civil servants and in other cases (Article 142 of the Labor Code of the Russian Federation).

Force majeure situations

traffic accident or malfunction of transport are valid reasons if, in the event of a malfunction of public transport, it is impossible to get to the workplace by other transport. This also includes a flight delay when returning from a business trip, vacation or other trip.

Epidemiological situation, obstacles of a natural nature: flood, ice and others - also make it difficult for an employee to workplace.

At the same time, the employee needs to confirm that this circumstance occurred for serious reasons that arose unexpectedly, regardless of the employee. A link to messages from the Ministry of Emergencies, the media or transport services will do. Then they will be good reasons.

Documented permission of the employer

Sometimes the reasons for missing a working day are known in advance: for example, a wedding, the birth of a child, an exam session in educational institutions and other reasons. In such cases, the employee is entitled to additional unpaid days off, which are not considered absenteeism. To do this, the employee warns the employer in writing or by telephone. At the birth of a child, marriage registration, death of close relatives, the term for granting leave is set at 5 calendar days. For other family circumstances and good reasons, leave is granted by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation).

How to justify the reason for absenteeism

If the employee is absent from the workplace for a good reason, it must be confirmed. In the absence of a good reason, failure to appear will be recognized as absenteeism, which entails dismissal (Article 81 of the Labor Code of the Russian Federation) or the imposition of a disciplinary sanction on the employee.

Art. 56 Code of Civil Procedure of the Russian Federation states: "Each party must prove the circumstances to which it refers." That is, the employee must prove that he was absent for a good reason, and the employer, for his part, must prove the very fact of the employee's absence. For an employer, such evidence may be an act of absence of an employee, data electronic systems the arrival and departure of employees, the testimony of witnesses. For an employee, this is a sick leave, documents about an accident drawn up by a police officer, an act on the flooding of an apartment and other documents.

If the employee fails to provide proof, the decision rests with the employer. For example, in the event of an illness of an employee who did not contact medical institution and does not have documentary evidence, recognition will depend on the decision of the employer, the reputation of the employee and the degree of trust in him by management.

The employee must inform the employer about his absenteeism by phone, orally or in another way, if possible, confirming the documented good reason for absenteeism (summon, document from a medical institution, etc.). Documentary evidence is more reliable and will help the employer make an informed decision, or cancel the penalty for non-attendance.

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According to the provisions of the articles of the Labor Code of the Russian Federation, absence from work without a good reason is a violation of the law and provides for the possibility for the employer to apply various measures in relation to the offending employee. About how exactly absenteeism is punished without a good reason, whether it is permissible to apply fines to employees for such actions, and what other methods of punishment are possible, each party to the labor relationship should know.

Absence from work without a good reason - articles of the Labor Code of the Russian Federation

Russian legislation uses the Labor Code as the main document regulating most of the parties to labor relations. And in particular, it considers possible sanctions for absenteeism without a good reason - government regulations protect not only employees, but also employers. Therefore, in matters relating to the aspect of activity under consideration, any of the parties to labor relations should pay attention to the regulations and principles set forth in the following articles of the Labor Code of the Russian Federation:

• Article 21 defines the duties and rights of workers, expressly pointing out the need for them to comply with the rules work schedule, as well as the mode of work and rest.
• Article 22 allows employers to require employees to comply with internal rules and principles of labor legislation, as well as to apply various administrative measures to them within the enterprise, including absenteeism.
• Article 77 establishes general principles termination of the concluded labor relationship, which also implies the possibility of initiating such a procedure by the employer.
• Article 81 considers the possibility of the employer to terminate the relationship with the worker if absenteeism occurs, including both on the fact of a single misconduct and on the basis of a combination of disciplinary sanctions.

This is just a short list of possible legal documents regulating absence from work without a good reason in accordance with the Labor Code of the Russian Federation. In certain aspects of the issue under consideration, it may be influenced by other legal regulations. For example, pregnant women cannot be fired even in the event of repeated absenteeism and disciplinary action.

What is considered a valid reason for absenteeism

Before considering directly situations of absenteeism and the possible liability of an employee for such a misconduct, it is necessary to determine what applies to such grounds. So, the labor legislation directly does not contain a definition of a good reason, however, it clearly indicates the possibility of legally not visiting the workplace when going to work is provided for by the schedule of work and rest in the following situations:

• Atblood donation or its components. For donors, the state provides additional social guarantees that increase their motivation to donate blood or its individual components. Including the day on which the donation is carried out is not a working day for the donor, nor is the day following it.
• When sick. Every officially employed employee is insured against temporary disability. In accordance with the requirements of the law, for the period of illness or injury, including a loved one, the employee is released from the performance of his work duties.
• With participation instrike . The right to collective self-defense of the interests of workers through strikes is directly provided for by the Labor Code of the Russian Federation, and absenteeism in this case is a sufficient good reason for most categories of workers.
• If the employer fails to pay wages. The legislation provides for the inclusion of good reasons for absenteeism due to wage delays of more than 15 days. You can read more about this aspect of labor relations in a separate article.

In general, any reasons can be considered valid if there was no fact of the employee’s guilt and the possibility of foreseeing them, and which objectively prevented him from going to work. So, most often it is recognized as unacceptable to bring workers to responsibility due to the validity of the reasons for absenteeism in the following situations:

There is no complete list of situations in which the reasons are unambiguously valid. At the same time, in the event of a dispute between the employer and the worker, the final decision will be made in any case by the court, based on its own assessment of the situation. Russian arbitrage practice contains examples of both decisions in favor of employers and workers in many of the above cases.

Absence from work without a good reason is the responsibility of the employee

According to the provisions of the Labor Code of the Russian Federation, absence from work without a good reason or absenteeism are in themselves sufficient grounds for terminating employment contract at the initiative of the employer. However, it is the employer who has the right to apply disciplinary sanctions, and he himself decides whether he should use them in relation to the employee. In addition, the employer also has the right to choose any other measure of disciplinary action in the form of a reprimand or remark.

Some activities, such as law enforcement, may involve the possibility of other types of disciplinary action.

The dismissal of an employee does not deprive him of the right to receive the final calculation, compensation for unused vacations and payment of all additional payments stipulated by the terms of the employment contract and the collective agreement. However, on severance pay such a worker may not count on any additional preferences. However, in any case, the employer should give the employee the opportunity to write an explanatory note.

Absence from work without a valid reason can only be considered the absence of an employee at the workplace for 4 hours in a row while simultaneously failing to comply with job duties.

Is it possible to impose a fine for absenteeism from work without a good reason?

The Labor Code clearly establishes possible measures of influence of employers on workers. Thus, the range of applicable disciplinary sanctions in general cases is limited to a reprimand, remark or dismissal. Accordingly, the use of any other measures of influence is expressly prohibited by the norms of the Labor Code of the Russian Federation. That is, the penalty for absenteeism without good reason is illegal practice, if it is provided in its pure form.

However, employers have the opportunity to use similar tools of material motivation of employees. A well-designed bonus provision may include the possibility of canceling bonuses for employees subjected to disciplinary action. At the same time, the bonus part of the salary itself can be quite significant. Accordingly, the penalty is actually in the form of amounts deducted from the salary - possible and real.

If an employer wants to use such a legal mechanism to influence employees, he should not mention the word “penalty” in internal documentation and anywhere else. A disciplinary sanction must be formalized, as required by law, in the form of a reprimand or remark.

Other nuances of punishment for absenteeism without good reason

The punishment of a pregnant woman for absenteeism cannot, according to the requirements of the law, imply her dismissal. Moreover, even with repeated absenteeism, the employer does not have the right to dismiss such an employee. However, he has every right not to take into account the days of absenteeism when calculating wages for this time, since in fact she did not work.

Absence from work for less than 4 hours in a row is not considered absenteeism. So, it is impossible to call absenteeism even a situation when a worker appeared at his workplace for a short time, even without fulfilling his duties. However, in this case, it is possible to subject him to a disciplinary sanction in the format of a remark or reprimand - the legislation does not provide for restrictions on the use of such a measure of influence.

Minor employees, including those for not showing up for work without a good reason, cannot be dismissed at the initiative of the employer on their own - for these actions, he must first notify the guardianship and guardianship authorities and obtain their consent to carry out the said procedure.

When hiring an employee, the management expects the maximum return in the entrusted field of activity, but far from always the expectations justify themselves. There may be situations when an employee does not go to work without any good reason. If the fact of absenteeism is proven, the employer has the right to part with the negligent employee, based on the article of the Labor Code related to dismissal on the basis of absenteeism.

The truant is presented disciplinary action only in the case when a disrespectful reason for a long absence from work is established. In addition, the law provides for a number of circumstances that will not allow dismissal for absenteeism, even if the correctness of the employer becomes obvious.

So that dismissal for absenteeism does not entail unpleasant consequences and proceedings with supervisory authorities, the procedure should be carried out in strict accordance with current labor legislation.

Links to law

The process of parting with a truant must be formalized in accordance with Labor Code and the Decree "On the approval of documents on accounting for labor and payments."

In 2018 personnel workers and the management of the enterprise must know how dismissal is carried out in such cases and coordinate their actions with the following articles of the Labor Code: 81, 140, 142, 192-193,261, 392.

The code contains wording that defines the grounds for dismissal for absenteeism, but in reality, it can be quite difficult to prove the objectivity and legality of dismissal, and the truants themselves do not agree with the circumstances of the dismissal, preferring to challenge the decision of the employer and interfere in every possible way.

Deciding to be dismissed under the article for absenteeism, employees personnel department must clearly understand the possible consequences, and strictly adhere to the provisions of the law in order to avoid further claims. Every company should develop step by step instructions actions if it is necessary to dismiss a truant under article.

Definition of absenteeism

First of all, it should be clarified which of the employee's actions can be regarded as absenteeism, and, therefore, can become grounds for dismissal under Art. 81 TK.

In this article (clause 6, part 1), clarifications are made to the definition:

Absence of an employee from work for at least 4 hours in a row, or a complete absence from work, regardless of the length of the shift or working day, can be considered absenteeism, provided that the reason for the absence was not recognized as valid.

The simplest cases of absenteeism include situations when an employee does not come to work after a unilateral decision is made to terminate the employment relationship with the employer, whom the employee did not notify of the fact of his departure.

In addition to the unilateral decision to leave, the following schemes can be classified as classic absenteeism:

• the employee personally decided to use time off without notifying the employer and without agreeing this time off with the management;
• the use of the next vacation (annual or additional) outside the schedule and in the absence of a visa from the immediate superiors;
• refusal to work on the eve of dismissal of their own free will.

It is enough for the administration of the enterprise to record one fact of such violations in order to have the right to use the article for dismissal due to absenteeism.

Actions by the employer

The boss should contact the employee to find out the reasons for absenteeism. If this is not possible, a registered letter is sent to a known address of residence, in which they state the requirement to give explanations regarding the reasons for absenteeism.

The citizen is given a two-day period to respond to the employer's administration, during which he is obliged to submit an explanatory note.

If the letter is returned with a mark of the absence of a citizen at the specified address, the employer must contact the neighbors or the station in order to find out the whereabouts of the employee.

This measure is necessary, because if an employee is found and strong justifications are provided for the person’s absence from the workplace, the employee is subject to full recovery through the court.

Thus, a prerequisite for dismissal under the article for absenteeism will be the provision of undeniable evidence of the very fact of absenteeism without a good reason. The following papers will help to document the fact of the absence of an employee at the workplace:

1. Recording in the table.
2. A drafted act establishing the fact of the absence of an employee.
3. A notice sent to an employee's home address asking them to return to work.

Following this step by step procedure, the administration will be able to dismiss the truant without any undesirable consequences in the future:

1. Obtaining grounds for dismissal - drawing up an act of absence. The act is drawn up in free form, however, it must necessarily reflect information about a specific day, time, duration of absence.
2. Certification of the act by witnesses.
3. If there are several absenteeism, the act is signed for each of the days of absenteeism.
4. Explanatory requirement. In the event that an employee appears at the workplace, the administration requires an explanation for the fact of uncoordinated absence
5. Within two days after receiving the requirement to provide an explanatory note, the employee prepares a note outlining the reasons for his absence.
6. If the note is not provided within the required time, this is recorded in the presence of three witnesses in the relevant act.
7. The head prepares a memorandum addressed to the director of the organization with a note from the employee attached.
8. If the reason for non-appearance is recognized as disrespectful, an order is issued in the strictly established form T-8.

This order serves as the basis for the further dismissal procedure. Because any deviation from the standard established by law will allow you to challenge it in court. When compiling and issuing an order, they are guided by the following instructions:

1. The date of termination of the employment agreement must be reflected.
2. The reason for the dismissal is indicated.
3. The order mentions the documents that have become confirmation of absenteeism.

Three days are allotted to familiarize the employee with the order, followed by registration of the order in a special personnel register. Changes are made to the timesheet to record work time: the HH mark changes to PR, which fixes the fact of absenteeism.

It is very important to dismiss a negligent employee correctly, making correct entries about this in the labor:

• in the first column indicate the record number in order;
• in the second - the date of the event;
• the third column is filled in with information about the dismissal indicating Article 81 of the Labor Code of the Russian Federation;
• in the fourth indicate the number and date of the order.

After the completion of the registration, the employee is given the last documents, settlements, and if the employee did not appear at work, if it is impossible to hand over the documents, they are sent to the address of the dismissed person by registered mail.

Before giving the work to the dismissed person, the records are duplicated in a personal card in the form of T-2 with certification by the signature of the employee. Each entry from the labor must be reflected in the card and certified by the signature of the dismissed employee.

According to article 81 of the Labor Code (clause a, clause 6. part 1), as a basis for dismissal, an entry is made in the labor record about dismissal "in connection with a 1-time gross violation of labor duties." To avoid problems with the FSS in the future, with work book make a copy and transfer to the archive.

Final events

The issuance of a labor contract with the last record of dismissal made and the payment of the final settlement is carried out on the day the contract was terminated.

If the date of dismissal falls on a non-working day, the calculation is made on the first day after the weekend or holidays.

The amount determined on the basis of Article 140 of the labor legislation is subject to the final payment to the employee. On the basis of Article 127, unused vacation days are also subject to monetary compensation.

If the issuance of labor on the last working day is not possible (the employee did not come to work or refused to receive it), the employee is sent an official notification, and an act is drawn up at work on the impossibility of transferring documents. Subsequently, if the employee wants to return his labor, the employer is obliged to provide it within three days from the date of registration of the corresponding appeal of the dismissed person.

In addition to the workbook, former employee it is necessary to transfer certificates of earnings for past periods 2-NDFL and others established by paragraph 3 of part 2 of article 4.1 of Federal Law No. 255 of 12/29/2006.