Absence from work according to the labor code. Dismissal of an employee for absenteeism: complexities and nuances

In some cases, labor legislation provides for the possibility of dismissal for a single disciplinary offense. So, for example, absenteeism according to the Labor Code of the Russian Federation - absence from work.

What is a stroll

It is important to consider that absenteeism is not only absenteeism from work. In the current labor legislation, five types of absenteeism can be distinguished:

the employee did not come to work and was absent during his entire working day (regardless of its specific duration), while he cannot explain his absence with good reasons. There is no list of valid reasons, and the company has the right to decide for itself whether certain reasons for absence from work are valid. However, the company is obliged to ask the employee for the reasons for his absence and evaluate these reasons. Otherwise, dismissal for absenteeism may be recognized by the court as unlawful;
the employee was absent from his workplace for more than four consecutive hours during his working day;
an employee on an indefinite employment contract submitted a letter of resignation due to own will and did not go to work, ignoring the two-week period of working off;
an employee on a fixed-term employment contract does not go to work before the expiration of the contract or the notice period for early termination of the contract;
the employee unauthorizedly used days off or went on vacation without authorization. Such a situation is also considered absenteeism, if we are not talking about violations on the part of the organization. So, for example, if an employee was legally entitled to rest days, and the organization did not have the right to influence at what time the employee could use them (for example, in the case of blood donation). In this case, dismissal for absenteeism will be illegal.

The consequences of absenteeism

It must be remembered that the dismissal of an employee for absenteeism is only the right of the company, but not an obligation. In practice, this means that, depending on the severity of the misconduct and the degree of validity of the reasons, the company may decide to apply a lighter disciplinary sanction - a remark or reprimand that does not automatically lead to the dismissal of an employee. In the event of a labor dispute, the court will assess, among other things, the proportionality of the punishment to the misdemeanour.

Form of dismissal for absenteeism

The dismissal process includes several steps:

registration of the act of absence.

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

clarification of the reasons.

The next step in the dismissal procedure is to clarify the circumstances of absenteeism. Obtaining explanations must necessarily take place in writing (Article 193 of the Labor Code of the Russian Federation) in a free form. The employee will have two working days for this.
If the employee refuses to put his signature on the notification, then it is necessary to draw up an act according to a procedure similar to drawing up an act of absenteeism.
If the employee did not explain the reasons for his absence from work after two working days, then this fact must also be recorded in an act;

application of disciplinary action.

Dismissal in this case occurs according to paragraphs. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation for general rules layoffs. First of all, an order (form No. T-8) is issued to terminate employment contract on the basis indicated. In addition, it is necessary to draw up a note-calculation and make an appropriate entry in work book employee.
At the same time, there are some features of dismissal on this basis. It is possible to dismiss an employee for absenteeism according to the Labor Code if the deadlines are met - no more than a month from the date of detection of absenteeism and no later than six months from the date of absenteeism (

Production is continuous and obtaining overall positive performance requires constant labor. Many factors can interfere with internal processes, some of them cannot be predicted and planned. But what to do if everything is disrupted due to the absence of a person on his own workplace.

Absenteeism has a negative impact on the activities of the enterprise, and therefore is considered one of the most serious violations and entails serious penalties.

Absence from the Labor Code can lead not only to dismissal, but also to other, less radical penalties. The employer is obliged in each specific situation to determine the degree of guilt and impose disciplinary punishment. We will figure out how to correctly formalize the fact of absenteeism, and what penalties to apply in each specific case.

When entering into an employment relationship, the parties assume a number of obligations. The employer must provide the employee with conditions for the performance of duties and timely pay for his work. And the employee must carry out the work that he undertook with high quality and in full.

In addition to the quality of work, an important factor is the observance of discipline. When settling in an organization, a hired person submits to general conditions labor in it. Familiarization with the work schedule and rules internal regulations made on the first day under the signature. After that, the employee must strictly comply with established rules. One of the most important points for labor relations is the timeliness of the beginning and end of working time.

Knowing his personal work schedule, the employee is obliged to come to the workplace, strictly following it. absent in working time only if there are good reasons:

Vacation arranged.
Sick leave is open.
The person is sent on a business trip.

Absences for unexcused reasons are considered absenteeism.

Duration

Truancy is recognized as being late for work for more than four hours. In fact, if a person is late for a shorter time, then the employer cannot impute absenteeism to him, and therefore does not have the right to use punishments corresponding to this misconduct.

It is possible to declare absenteeism when not appearing at the workplace or leaving it earlier than the established time only if the employee has not justified his absence in any way. The Labor Code does not establish that an employee must, in without fail notify the employer of your absenteeism in case of illness, for example. Of course, labor cooperation implies that the employee must notify his employer of the prevailing force majeure circumstances that violate mutual plans. In fact, even if a person did not report the reason, but when he went to work he was able to document the absence, then this is not considered absenteeism.

Possible reasons

The legislation does not establish a list of reasons that cause unauthorized absenteeism and are considered absenteeism.

In general, it is not needed, because skipping work is illegal, and it doesn’t matter what reasons caused this fact. But in order not to get into a mess and not be a truant simply out of ignorance, it is better to understand what reasons may entail disciplinary sanctions, including dismissal.

Absence from work is considered absenteeism for the following reasons:

More than four hours late.
Leaving the workplace without a written notice of dismissal.
Unauthorized vacation.
Unwillingness to perform duties after the transfer.
Refusal to work as a response to violations by the employer.

Each action must be warned by a written statement of a hired person, only then the failure to appear can be taken into account as a protection of one's rights, and not as absenteeism.

Ways to fix absenteeism

Fixing the incident is carried out in several steps, but the first and most important of them is the confirmation of the fact of absence from work. It can be confirmed by a report from the immediate superior, which sets out the circumstances. Printouts from the checkpoint about the absence of a mark on the passage of the turnstile, video recordings and other documents may also be attached. It is allowed to fix absenteeism only after four hours have passed, and the employee has not come, and has not announced himself in any way.

After the absence itself is confirmed, the management of the organization is obliged to create a commission that will confirm absenteeism in writing. An act is drawn up at the workplace of the truant. The act indicates the date and hours of the established absence. The form is signed by members of the commission, who can confirm that the person was not at the place of work during the specified hours.

Consequences for the worker

The absence of good reasons for absenteeism necessarily leads to the fact that the truant is brought to disciplinary action.

Penalties for absenteeism can be different. Only the head of the organization decides what to do in a particular case. There are several types of claims:

Comment. It does not entail any consequences, it is, as it were, a warning and may lead to more stringent measures in case of a repeated violation.
Rebuke. This is already a written penalty, which is fixed on paper and is valid for 12 months. If the violation does not repeat within a year, then the penalty can be considered extinguished, and if there is a repeated failure to appear, then the contract is automatically terminated.
Depremium. The truant may be temporarily removed allowances or not paid a bonus.
Dismissal. An extreme measure, but quite legal, which is established in article 81 of the Labor Code of the Russian Federation. Long absenteeism is considered as a serious misconduct and in most cases ends with dismissal under the article.

Only one penalty from the above list can be applied at a time. It must correspond to the offense and be individually selected.

If the truant disagrees with the measure of punishment, he has the right to challenge the actions of the employer in court.

The procedure for the employer

The entire procedure of registration falls on the shoulders of the management of the organization. In these cases, several leading specialists usually act together at once - a lawyer, the head of the personnel department and the director himself. The course of action must be carefully calibrated with the existing legal framework.

Step-by-step instructions for the correct registration of unauthorized absence from work assumes the need for such actions:

Record the absence. For this, a written act is drawn up.
Look for a truant, you can call him on the phone, go to his house, etc.
Take an explanation for its absence.
Announce a charge.
Reflect information about the applicable punishment in the documents.

Each item is executed after the previous steps have been completed. It is impossible to punish immediately without establishing the reasons.

Requesting a Written Explanation

The explanatory document is the basis of the future recovery. After all, the measure that will be applied to the employee as a result of clarifications will depend on its content. The employee is not obliged to write an explanatory note if he does not consider it appropriate or necessary, but it is in his interests to interpret his actions.

The document is written in any form in the name of the director of the organization, indicating the personal data of the truant, on whose behalf it is drawn up. In this paper, the main thing is not the form, but the content. In his own words, the employee explains why he did not come to work at the allotted time. And although this document involves a concise presentation of facts, often there are quite emotional statements in it. If there is any evidence and evidence, they should be collected and attached.

If the employee refuses to give written explanations for his actions, this does not mean that the further procedure is impossible. A second act is drawn up on the refusal of the truant to give explanations and you can proceed directly to punishment.

Imposing a disciplinary sanction

All disciplinary sanctions, except for remarks, are reflected in the employee's documents. Before reflecting the decision in the employee's personal file or in other personal documents, an order should be issued. The director's order is the logical conclusion of absenteeism recorded in the act. It should spell out what exactly was established during the audit, the imposition of which penalty would be appropriate in this case.

It is extremely important to comply with the statutory deadlines for the application of official punishments. A measure of responsibility for absenteeism should be established within a month from the moment the misconduct itself was recorded. These 30 days do not include the time that the truant was on vacation or on sick leave. Apply prescribed punishment should be no later than six months from the date of the absence itself. If the case was taken to court, then the time of litigation is not included in these six months.

Missed deadlines will only indicate that the employer, for some reason, did not want to apply punitive measures, and, therefore, had no claims against the employee.

Termination of the employment contract

Unexplained circumstances of absenteeism, falsification of supporting documents or long absenteeism unequivocally entail the dismissal of the employee. Sometimes a person can simply disappear for a long time and not give any news about himself, meanwhile the organization is obliged to somehow terminate relations with him. In some cases, employers do not know how many days to wait before starting the actual dismissal procedure. There are no minimum deadlines here. If the management of the organization is confident in absenteeism already at the fifth hour of absence, then the process should be started. Sometimes the fact of absenteeism is established later, for example, when submitting a false ballot.

The contract can be terminated only after evidence of the groundlessness of absenteeism has been collected. The more thoroughly the employer prepares, the lower the risk of groundlessness decision and the possibility of claims from an unlawfully injured employee.

Who is not subject to dismissal

Not all truants can be brought to an extreme degree of responsibility and terminate relations with them.

The groups protected from dismissal include:

Employees in position. This rule also applies to cases where the employer himself has not yet been notified of the pregnancy.
Minors. They can only be dismissed with the consent of the Labor Inspectorate and the Commission on Juvenile Affairs.

The time spent on vacation cannot be considered absenteeism if the management of the organization wants to recall the vacationer, but he does not agree. In addition, the presence of papers confirming that the failure to appear was justified also does not make it possible to terminate relations with the temporarily absent.

Order preparation

After all the circumstances of the case have been considered, the reasons have been clarified, and the decision to terminate the relationship has been made, an order for dismissal is issued.

The order must be based on the act drawn up upon failure to appear, and on the explanatory worker, if any. The director's instructions are:

The essence of the offense. It is specified who is the truant, when the absence was made, for how long the person was absent.
Reasons for absenteeism. Here the arguments of the employee himself and the conclusions of the management can be given.
The prescribed punishment. It is indicated that the truant should be fired under paragraph 6a of article 81 of the Labor Code of the Russian Federation.
The deadline for the execution of the order is prescribed.

The truant acquaints himself under the signature. In case of refusal to sign, information about this is entered into the order and certified by the responsible person.

Making an entry in the work book

The employer has the right to dismiss a person without indicating the real reason for the termination of the relationship, or he can make an entry in the work book about the misconduct committed. Such a mark in the labor can seriously harm the employee in his subsequent activities. After all, having such a record, one should not count on the trust of the new employer. Many organizations simply refuse to accept unreliable people who have unflattering personalities.

An entry in the work book about absenteeism is made only upon termination of the contract on the last day of work. The personnel officer enters the date of dismissal and sets the basis for parting, clause 6a, article 81 of the Labor Code of the Russian Federation. The record is fixed by the position of the personnel officer, his full name and signature. The signature is stamped. Marks are also entered in the personal file of the dismissed person and his card. When writing a description, it reflects this fact.

Reasons for absence from work

But before considering the pass as absenteeism, it is necessary to pay attention to the reason for the absence from work. Reasons can be both valid and disrespectful.. Only the employer can determine the category. To do this, he needs an explanation from the employee and the attached documents.

subjective

Subjective are those reasons for non-attendance, which associated with the worker. For example, a disease. In this case, the employee must provide one from the following evidence:

sick leave;
a record of a doctor's appointment in a hospital card.

Sample certificate from a doctor

However, in many enterprises sick leave is not paid.

Every year, all employees must pass medical examination by doctors. This will take place during working hours, so such omissions are considered a good reason.

Sample application for release from work in connection with a medical examination

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

witness;
the victim;
the defendant;
juror.

sample court summons

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

There are times when an employee received a summons to the military registration and enlistment office. He must appear there exact time Otherwise, he will be in trouble with the law. If he misses work, such a reason is also considered valid.

Sample summons to the military registration and enlistment office

objective

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

road accident;
technological disaster;
military actions;
strong blizzard;
landslide, fire or flood;
earthquake or hurricane;
a road littered with snow, if it was not cleared in time;
broken transport (if it is impossible to get to work on foot);
road repair;
unexpected breakdown associated with the sphere utilities(a pipe has burst or a gas leak has begun);
delay in salary (if delayed for more than 15 working days, the employee may not work until he receives his money, but is obliged to notify the authorities in writing in advance);
elevator breakdown (a person is stuck inside);
epidemic in the region and compulsory vaccination;
lack of transport tickets;
delay or cancellation of transport.

If for the boss the cases listed above are not considered a good reason and the employee is threatened with dismissal, a court hearing will be held. With a high probability, the court will decide that the dismissal was illegal.

In addition, the Labor Code of the Russian Federation indicates several more good reasons for absenteeism. Among them labor activity on the:

holiday;
weekends;
1 day more than necessary.

In such cases, you work overtime and has the right to demand from the authorities monetary compensation or day off. Remember the day you are going to take the day off, you need to warn in advance to avoid problems later.

A list of all good reasons is in the articles,,, Labor Code of the Russian Federation.

According to the statement

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

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

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

Regulatory regulation

Regulations are documents with structure, functions and legal status workers. They are developed on the basis of legislation, therefore they must be followed. It contains all the information about managers and employees. And this is where the certificates and statements you provide will be located.

List:

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

What to do if, despite good reasons, there was a dismissal

Contact to the labor inspectorate with a complaint that the boss is violating labor laws.

You will not be able to control the review process. As a result, litigation times can be very long.

Some very large companies have labor dispute commissions. This is a group of people independent of the authorities that deals with such issues.

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

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

It is best to negotiate with the authorities peacefully without involving third parties. Litigation can lead to bad relationships with management.

If you're going to miss work, it's better notify your boss ahead of time by writing a statement. If he refuses to let you go, promise him to work another day.

One of the grounds for termination of an employment contract at the initiative of the employer is the commission by the employee of a single gross violation job duties, in particular, absenteeism (clause "a", clause 6, article 81. However, immediately upon dismissal of the offender, employees personnel services face a number of questions regarding the procedure for dismissal and proper registration required documents wherein.

The concept of absenteeism is disclosed in paragraphs. "a" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, where absenteeism is understood as absence from the workplace without good reason throughout the working day (shift), regardless of its (its) duration, as well as in the event of absence from the workplace without good reason for more than four hours in a row during the working day (shift). In paragraph 39 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts Russian Federation Labor Code of the Russian Federation" lists specific cases that should be considered absenteeism:

1. Absence from work without good reason, i.e. absence from work during the entire working day (shift), regardless of the length of the working day (shift);
2. the presence of an employee without good reason for more than four hours in a row during the working day outside the workplace;
3. abandonment of work without a valid reason by a person who has entered into an employment contract for an indefinite period, without warning the employer about the termination of the contract, as well as before the expiration of the two-week notice period;
4. abandonment of work without a valid reason by a person who has entered into an employment contract for a certain period, before the expiration of the contract or before the expiration of the notice of early termination of the employment contract;
5. unauthorized use of days off, as well as unauthorized leave on vacation (basic, additional).

So, the employee is caught in one of the above offenses. What's next for HR representatives? First of all, it should be noted that absenteeism can be different. Conventionally, they can be divided into two groups: short-term with determining the location of the guilty employee (when the employee, for example, after missing one or several working days, appears at his workplace or does not appear, but he can be contacted by phone) and lasting absenteeism, in which it is not possible to find an employee and request an explanation from him (for example, the employee left work, there is no information about him at his place of permanent residence, he does not provide any information about himself to work, he does not answer calls).
In the first case, everything is simple. Since the dismissal under Art. 81 of the Labor Code of the Russian Federation is a disciplinary sanction, it is necessary to comply with the requirements of Art. 193 of the Labor Code of the Russian Federation. According to this article, before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up. At the same time, the employee’s refusal to give an explanation is not an obstacle to the application of a disciplinary sanction, but in this case it will not be superfluous to take the written testimony of colleagues and the immediate supervisor about the employee’s absence from the workplace, without forgetting to formalize them properly. After that, an order is drawn up in the form N T-8 ("Order (order) on the termination (termination) of the employment contract with the employee (dismissal)"), approved by the Decree of the State Statistics Committee of the Russian Federation of January 5, 2004 N 1.
In the second case, it is not worth firing an employee without finding out the reasons for his absence from the workplace (although some employers do this). The fact is that if the reasons for the absence are subsequently recognized as valid, the court will reinstate the employee in the workplace and oblige the employer to pay all the amounts due to him, including forced absenteeism. At the same time, another person will already be working in the place of the improperly dismissed employee, and when deciding what to do next with the latter, difficulties may arise (either to increase staff units, or to transfer to vacant positions). In such a situation, it is better to accept an employee on the terms of replacing a temporarily absent main employee, and after clarifying all the circumstances, the contract can be transformed into a permanent one.
To resolve this situation, it is necessary to make every effort to find the employee and get an explanation from him. To do this, you can send a letter (with a notification and a description of the attachment) to his home address or to the address of his actual place of residence with a request to explain the reasons for absence from the workplace. If this does not bring any result, you can apply to the police for a search. If the employee cannot be found, an act should be drawn up about this. At the same time, an entry should be made in the time sheet about the absence of the employee due to unexplained circumstances, since wages are calculated on the basis of these data. Of no small importance for proving the absence of an employee in the workplace are reports from the immediate supervisor and other employees who can testify to the fact of absence. All these documents will help in justifying the dismissal, if, nevertheless, the employee appears and cannot confirm the respectfulness of his absence.
If, nevertheless, it is not possible to find the employee and the relatives do not know his whereabouts, the Labor Code of the Russian Federation provides for a special basis for terminating the employment contract - the death of an employee or employer - individual, as well as recognition by the court of an employee or employer - an individual as dead or missing (paragraph 6 of article 83). According to the rules of Art. 42, at the request of interested persons (in our case, the employer), a citizen may be recognized by the court as missing if during the year at his place of residence there is no information about his place of stay.
When applying a disciplinary sanction, it should also be borne in mind that it can be imposed no later than one month from the date of discovery of the misconduct. At the same time, it is important to take into account that judicial practice has developed the concept of "lasting absenteeism", which suggests that the moment of detection of absenteeism is not the day on which the absence of the employee was discovered, but the moment the reasons for his absence are clarified. It is at this moment that the offense is considered completed and discovered.

Roman Larionov, legal adviser of "Garant" company

For the correct execution of documents, it is necessary to consider what is considered absenteeism and what is not. The fact is that some employers believe that they have the right to fire an employee if he was simply late for work, and equate this with absenteeism. Only now such actions are a violation of the law, and this can be easily proven in court. Here it is worth clarifying that even the slightest mistake in paperwork will make a respectable worker out of a truant who never missed his shifts.

Truancy: article on the Labor Code of the Russian Federation and nuances

What is absenteeism, and what is the name of the pass, according to the law, in 2016 and 2019? The Labor Code clearly states what can be considered a work pass, so there are no additional nuances. Walking is usually considered:

Absence of an employee for the entire work shift. It does not matter how many hours the shift itself lasts.
It is considered absence and absenteeism if a person has not appeared at the enterprise without good reason for more than four hours. That is, if a person was not in place for 3 hours and 50 minutes, then this will no longer be considered a pass.
The employee was unable to provide his manager with documents stating that his pass had good reasons.

This is how absenteeism is indicated in the Labor Code of the Russian Federation. Despite the fact that it seems that all the criteria for absenteeism are defined, in judicial practice there are very often contentious issues - whether this or that case is absenteeism, since the circumstances are different. The fact is that absence from work for reasons that did not depend on the person himself is not absenteeism. This can be recognized as valid reasons and is recognized by the authorities:

Death and funeral of close relatives.
Health problems, for example, an employee was in intensive care.
Road accidents.
Disasters associated with natural phenomena.
Emergencies at the place of residence of the employee.
Court sessions where the employee must be without fail.

It is important to consider that all this must be documented. If there is no confirmation, then it is impossible to prove the existence of a good reason. Supporting documents include (in accordance with the Labor Code):

A sick leave certificate confirming the illness, or a certificate from a medical institution.
Summons from the court, the date must coincide with the date of absence from work.
Certificate from the traffic police about the accident.
Certificate from the housing department that the employee had housing problems.

Read also The concept of a fixed-term employment contract, features of its design

Also, it cannot be called absenteeism if the employee warned his immediate supervisor in advance that he would not be at the workplace for a certain time. True, there are nuances here. For example, an employer may say that this simply did not happen. It is recommended to make such statements only in front of witnesses or to fix it in writing. Otherwise, it will be impossible to prove it in court.

Do not forget that the lack of confirmation automatically equates a good reason with disrespectful. As a result, the employer has every right to punish his employee or even dismiss him.

What threatens

It is important for an employee to remember that leaving his workplace without a good reason and warning is a violation of labor discipline. These nuances are spelled out in the Labor Code of Russia. For such an act, the employer can hold the employee liable, as he has every right to do so. When punishing, the employer must take into account all factors - how conscientiously the official duties were performed, how often discipline was violated, how valuable this employee is to the enterprise. In this situation, the duration of absenteeism is also taken into account:

Four o'clock. It happens that an employee once missed four hours of his work shift, which is absenteeism. At the same time, the employee writes an explanatory note, focuses on the fact that this case is an exception to the rule. In addition, he repents of what happened. In this case, the head can limit himself to only a verbal warning, if he deems it necessary to do so.
Long walk. An employee who is absent from his job for several days and does not fulfill his duties is a malicious violator of discipline. In this case, the absence is considered long. Often, after such actions, there is a dismissal if the employee did not provide a certificate of good reason. It is important to draw up an official act about this absence from the workplace of the employee in time. This is done within 30 calendar days since the violation. It will no longer be possible to do this later.
Systematic omissions. Absenteeism on a regular basis refers to the fact that an employee systematically misses work without good reason. You can safely fire him, because there is no hope that his behavior will change.
Holidays. Sometimes employers call their employees to work on weekends and holidays. If the employee does not give consent to this and then does not appear at his workplace, this will not be considered absenteeism.
Business trips. Usually, an employee on a business trip works according to the schedule that his company has. Therefore, here it can be considered absenteeism if the employee violates this schedule. Absenteeism in this case is fixed in the most usual manner, there are no nuances here.
Probation. walks during probationary period, most likely, will lead to the fact that the employee is simply not hired for a permanent job, since it is not profitable for the employer to have such employees on the staff. Employees need to keep this in mind and be as responsible as possible in their workplace during the probationary period.

Read also Step-by-step instructions for dismissal for absenteeism

Decor

In order to be able to issue a warning or dismiss an employee, it is necessary to correctly arrange absenteeism without violating the legislation of the Russian Federation and understanding all the nuances:

First of all, an act is drawn up, which indicates the day and time of the employee's absence from his workplace.
The employee presents explanatory note, which indicates the reasons for his absence from work. If he has documents that confirm a good reason, then there is no need to write an explanatory note, and this item is skipped.
The head of the truant draws up a report.
All collected documents on the fact of absenteeism are sent to CEO who, in turn, is considering the case.
An order is issued stating what penalties will be taken.

Important! If the employee decides to dismiss, then this information is entered in the work book. This is done without fail. Absenteeism is indicated in the articles of the Labor Code of the Russian Federation.

Proof of

A dismissed person can be reinstated if the fact of absenteeism is not proven, that is, some documents are drawn up incorrectly. That is why it is recommended to draw up an act of absenteeism on the day of the violation. In this case, it is necessary to involve witnesses (other employees) in this. They must read the act and sign it. Also, absenteeism is recorded in the time sheet marked "NN". All these actions must be carried out without fail, otherwise it will be impossible to prove in the future that the employee really was not at his workplace at the allotted time.

Measures of influence

There are several options for disciplinary action. The choice of one or the other depends on the severity of the violation, but must be in accordance with the Labor Code of the Russian Federation:

Warning or note. It can be done both in writing and orally - at the discretion of the employer.
Rebuke. It can also be written or oral.
Dismissal.

The Labor Code clearly states that the employer has every right to dismiss an employee for absenteeism, but this action is not mandatory. That is, the decision is made by the employer himself, based on his personal and subjective ideas. In some cases, the boss decides that the best punishment would be to deprive his employee of the bonus.

Mistakes

Sometimes it happens that upon dismissal due to absenteeism, documents are drawn up incorrectly, and in the future this leads to proceedings in court. Main mistakes:

The employee was not familiar with the order form and did not put his signature there.
The package of documents that confirms absenteeism is not complete.
Compensation for unused vacation was not issued.