An employment contract contains the main responsibilities and rights of an employee in the enterprise. Describes them in more detail job description. A person is introduced to it upon employment under his signature. He must know all the criteria for evaluating his own work and fulfill his duties. To avoid disagreements with management regarding the fulfillment of requirements, the worker relies on the instructions until he brings them to the point of automation. In addition to instructions for execution, the instructions and the contract contain actions for which the employment relationship with the employee will be terminated. The procedure for dismissal for absenteeism is described in law. Any violation labor discipline and failure to comply with safety regulations will be grounds for termination of the contract with the worker.

Cases of dismissal and non-dismissal for absenteeism

The agreement between the employer and the subordinate stipulates that absence from work without a good reason is punishable by dismissal. If an employee goes on vacation without permission or uses compensatory days, the employer classifies such arbitrariness as absenteeism. As well as leaving a place of work without reason or warning (both under a fixed-term and open-ended employment contract).

Absenteeism is absence from work the whole day without a valid reason or for more than 4 hours during the day.

Absenteeism or absenteeism is disciplinary offense. The employee who commits such an action is liable. After all, he did not fulfill his labor obligations. Dismissal for such misconduct is one of the types disciplinary action.

Truancy can be of two types

Missing a day for a valid reason is not considered absenteeism. These include:

• traffic accident and traffic jam;
• caring for a sick relative;
• visit doctor;
• utility accident;
• summons to a court hearing;
• being late from a business trip or vacation due to bad weather.

A prerequisite: to ensure that such absence is not counted as absenteeism, it must be documented. Of course, if possible. For example, it is not possible to document a traffic jam. Therefore, the subordinate must independently warn management why he did not show up for work on time.

Housing and communal services may well issue a certificate about the accident; the employee only needs to make a request for it. The medical officer will issue a certificate or prescription and open a sick leave certificate. Thus, the worker will be able to confirm the forced reason for absence from the workplace at the appointed time, and absence from work will not be counted.

When it is impossible to fire a subordinate for absenteeism.

1. The employee was absent from work for less than 4 consecutive hours. And also with his presence at work 4 hours a day, but with breaks.
2. IN employment contract undefined workplace or office, and presence in another office space lasted 4 hours.
3. The contract does not specify the duration working day.
4. Refusal to go to work is due to non-payment wages.

After official confirmation of the reason for the subordinate’s absence from work, the charge of absenteeism is dropped. Of course, if there are good reasons for this. When the subordinate does not have a reason and no confirmation of it, the employer has the right to terminate the employment contract.

Absenteeism registration procedure

When it is discovered that a subordinate is absent from work, the management of the organization must follow the dismissal procedure. First of all, the worker’s absence must be recorded. The fact of absence is recorded in the working time sheet. The HR specialist draws up an act of absence from work. Registers the document in the company's internal documentation. Attaches to it reports from colleagues who discovered and confirmed that the employee was not at work. The HR department employee must make sure that the employee does not belong to the category of workers who cannot be dismissed at the initiative of the organization. For example, such employees would be: a pregnant woman, a minor worker, an employee on vacation or temporarily disabled.

An organization can apply a disciplinary sanction if less than a month has passed since its detection, without taking into account the vacation and sick leave periods, as well as the timing of criminal proceedings. It is impossible to carry out recovery six months after the discovery of absenteeism.

The employer’s next action is to notify the employee in writing explaining the reason for absence from work. The document is drawn up in two copies, one is given to the subordinate, the second remains in the personnel department.

After receiving the notification, the subordinate has two working days to collect supporting documents and present them to the employer. If there is a good reason for absenteeism, the punishment will be a reprimand.

If there is no explanation, the HR department draws up a corresponding act. The document describes all the circumstances:

• the guilt of the worker and the severity of the offense;
• pre-event behavior;
• circumstances of violation of discipline;
• the attitude of the subordinate to the performance of work duties.

After which an order is issued to suspend the employment contract with the subordinate. The employee must read the order and sign. If this is impossible or the worker refuses to sign the order, draw up an act or make an entry in the order. A final settlement is made with the worker and an entry is made in work book. They issue a book and income certificate.

Payments to an employee upon dismissal for absenteeism

The employer is obliged to make a final settlement with the subordinate on the day of termination of the contract for failure to show up for work. The payment is made in full and is not affected by the employee’s fault. The accrual will be for the actually worked days of the month after the last payment of wages. Without taking into account the day of absence from work. The law allows you not to use bonuses and other incentive payments in the final calculation for absenteeism, but to calculate your salary at the base rate.

In addition to the due wages, the employee is accrued vacation compensation- only in the case when he did not use the regular and additional paid leave before dismissal. The subordinate has spent all his rest days - there will be no compensation. If before the dismissal order was issued, the employee was temporarily disabled or was on a business trip, the company will have to pay them on a general basis.

Due to the fact that dismissal for absenteeism is a disciplinary sanction, management cannot simultaneously apply several measures to the guilty employee. This means that it is impossible to reprimand and fire a person, it is impossible to assign a fine and dismiss a person.

Therefore, if an organization suffers damage due to a worker’s absenteeism, it can either impose a fine or fire the offender. It is prohibited to terminate the contract and at the same time deduct damage caused from wages.

Possibility for a worker to challenge absenteeism

In all cases, a subordinate cannot confirm in a timely manner his absence from the workplace without reason. After absenteeism is recorded by the employer, the worker has 2 days to present evidence. The employee attaches all collected documents to an explanatory note. If the stated reasons fully explain and confirm the person’s actions and can be considered valid, but the organization still dismisses him, the employee has the right to challenge this decision.

There are three authorities where a subordinate can apply.

1. Commission on labor protection in the organization.
2. State Labor Inspectorate.

You can challenge the decision in the commission before issuing an order for dismissal for absenteeism. Already decision and the formed order, which has entered into force, is appealed to the inspectorate and the court. The grounds for filing a lawsuit will be failure to comply with the procedure for registering dismissal and failure to acknowledge the reason for absence from work.

The application to the inspectorate and the court must contain a copy of the employment contract and the certificate of absence from work, an explanation from the worker and all documents confirming this fact. An explanatory note may include written testimony from eyewitnesses, certificates and other evidence. The subordinate must contact these authorities no later than a month after recording absenteeism. Otherwise, the matter will remain without progress.

You can apply for the restoration of the missed deadline if there was a valid reason: hospitalization, serious disease and other good reasons.

One of the grounds for termination of an employment contract at the initiative of the employer is the employee committing a one-time gross violation labor responsibilities, in particular absenteeism (subclause “a”, paragraph 6 of Article 81. However, directly upon dismissal of the offender, personnel service employees are faced with a number of questions regarding the procedure for dismissal and proper registration necessary documents wherein.

The concept of absenteeism is disclosed in paragraphs. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation, where absenteeism is understood as absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during a working day day (shift). In paragraph 39 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation" lists specific cases that should be considered absenteeism:

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

So, the employee is caught in one of the above offenses. What should HR representatives do next? First of all, it should be noted that absenteeism can vary. Conventionally, they can be divided into two groups: short-term ones with determination of the location of the guilty employee (when an employee, for example, after missing one or several working days, appears at his workplace or does not appear, but can be contacted by phone) and long-term 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 at work, and does not answer calls).
In the first case, everything is simple. Since 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, a corresponding act is drawn up. At the same time, the employee’s refusal to give an explanation is not an obstacle to applying a disciplinary sanction, but in this case it would not be out of place to take in writing witness statements from colleagues and the immediate supervisor about the employee’s absence from the workplace, without forgetting to properly document them. After this, an order is drawn up in form N T-8 (“Order (instruction) on termination (termination) of an employment contract with an employee (dismissal)”), approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1.
In the second case, it is not worth dismissing 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 absence are subsequently found to be valid, the court will reinstate the employee to the workplace and oblige the employer to pay all amounts due to him, including forced absenteeism. In this case, another person will already be working in place of the improperly dismissed employee, and when deciding what to do next with the latter, difficulties may arise (either increase staffing levels, or transfer to vacant positions). In such a situation, it is better to hire an employee on the basis of replacing a temporarily absent main employee, and after all the circumstances have been clarified, 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 to his home address or the address of his actual place of residence (with notification and a list of attachments) with a request to explain the reasons for absence from work. If this does not bring any results, you can apply to the police for a search. If the employee cannot be found, a report should be drawn up about this. At the same time, a record of the employee’s absence due to unclear circumstances should be entered into the working time sheet, since wages are calculated on the basis of this data. Of no small importance for proving the absence of an employee from the workplace are reports from the immediate supervisor and other employees who can attest to the fact of absence. All these documents will help in justifying the dismissal if the employee nevertheless appears and cannot confirm the justification of his absence.
If, nevertheless, it is not possible to find the employee and his 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 the employee or the employer - individual, as well as recognition by the court of an employee or employer - an individual as dead or missing (clause 6 of Article 83). According to the rules of Art. 42, at the request of interested parties (in our case, the employer), a citizen can be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence.
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. It is important to take into account that judicial practice has developed the concept of “continuous absenteeism,” which assumes that the moment of detection of absenteeism is not the day on which the employee’s absence 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 consultant at Garant company

An employer can fire an employee for absenteeism. This method influence is one of many included in the system of mutual instruments, rights and obligations that the parties can use against each other. This allows us to ensure maximum equality of the parties, to outline the limits of what is permitted and acceptable in working relationships.

Very often the parties labor relations understand the concept of truancy differently. The employee thinks that this is the employee’s failure to appear without warning or giving a reason, and the employer thinks that this is any failure to appear, regardless of the circumstances. The real definition of absenteeism can only be obtained in legislative acts, in this case – in Article 81 of the Labor Code of the Russian Federation.

Thus, the law states that absenteeism is a person’s failure to appear at work without reason during the working day, or for a duration of four hours or more. In this case, the shift date is not taken into account.

To no-show workplace to be recognized as truancy, the following conditions are necessary:

1. The employee is absent from work for four or more hours.
2. The reason is not valid
3. The statute of limitations for an offense is a month, which is counted from the date of commission.

If these points are not observed, then the act cannot be classified as truancy.

Absence from work

First of all, the employer must correctly establish the fact of the employee’s absence from his workplace. To do this, you need to find out what will be his workplace.

Such information is contained in labor and collective agreements, instructions and some local acts of the enterprise. If there is no such information in the documents, then the workplace is determined in accordance with the Labor Code of the Russian Federation, that is, it is considered the territory to which a person must come to perform labor functions.

Time away

The absence period must be at least four hours. Otherwise, the citizen cannot be dismissed, but other methods of disciplinary action may be used.

It is important that non-presence is properly recorded. Otherwise, the employee has every chance to challenge the employer’s actions.

Procedure for calculating absence time

Before you properly formalize your dismissal, you need to calculate the time of absence. The Labor Code of the Russian Federation states that a lunch break cannot be included in such a period. The break can be used by the employee as he pleases, including leaving the employer's territory and his workplace.

Absence time cannot be summed up over several shifts or working days. Absenteeism will be considered if a citizen is not present for more than four hours in one shift. But it is not necessary that the employee be absent for four hours in a row. For example, he may be two hours late and leave two hours early - this is enough to qualify the act as truancy.

In what situations will absence be considered absenteeism?

The Labor Code does not list valid reasons. It is believed that they should be determined in each case individually. Most often, absenteeism is not punished in the following situations:

• Poor health (illness).
• Death of a relative.
• Emergencies and other circumstances (road accidents, military operations, etc.).
• Accidents at housing and communal services facilities.
• Other reasons that may be considered valid.

To recognize a valid reason, it is necessary to prove the circumstances. The best evidence is documentary evidence, but sometimes indirect evidence, such as witness testimony, can be used.

Absenteeism will not be considered a situation where an employee is absent legally. For example, he asked his boss for a day off or went outside the enterprise on an errand. But these facts will also have to be proven.

Dismissal process

This procedure must be completed properly. All actions of the parties must be recorded and documented. Otherwise, the employee may challenge the fact on the grounds of failure to comply with formalities.

The procedure for dismissal for absenteeism looks approximately as follows:

• An absence report is filled out in the presence of at least two witnesses (or the boss submits a corresponding report to higher authorities).
• Obtaining employee explanations. On at this stage the absentee may try to indicate that the reason for his absence is valid. He will have a period of two days to draw up an explanatory note.
• Next, an appropriate act is drawn up, or the investigation is terminated.
• If there is guilt, a decision on punishment is made. It doesn't have to be a dismissal.
• The relevant department prepares a dismissal order if such a decision has been made.
• The employee is given a copy of the order.
• The dismissal of an employee for absenteeism is documented and an entry is made in the work book.

This procedure is applicable for short-term passes; long-term passes have their own procedural features.

Features of registration of long-term absence of an employee

To be fired for long absences, follow the step-by-step instructions:

• The absence is recorded and the data is entered into the accounting sheet.
• A notice is issued to the employee.
• Notification is sent to the employee.
• After the employee receives the letter, he has a period of two days to send a response.
• If there is no response (or if the employee does not indicate the reasons for the absence), a report is drawn up.
• A dismissal order is created.
• The order is sent to the employee (or a report is drawn up stating that familiarization is impossible).
• A corresponding entry is made in the labor record.
• The employee is notified that he must pick up his work permit and receive his pay.

The period for disciplinary action is one month from the date of the offense. Therefore, it is important to do all the actions as quickly as possible.

Features of documentation

The employer must complete the following papers:

1. Paper confirming no-show.
2. Protocol of internal investigation.
3. Notifications to the employee in case of his/her long absence.
4. Order of dismissal.
5. Other documents recording important points process.

It is important that at the end a document is issued that confirms the fact that a penalty has been applied or that there is no need for punishment.

When is an employee considered dismissed?

Deprivation of work for absence is possible only for a period not exceeding a month from the date of the offense. After this, the application of punishment will be illegal.

If a person is absent for a long period of time, the employer can choose whether to dismiss the citizen on the date of the first absence or at the time the relevant order is issued.

Making an entry in the labor record

In fact, this is the last stage of dismissal. After that, all that remains is to hand the document to the former employee.

The work book must contain information about the grounds for dismissal with reference to the article of the Labor Code. The document also includes the date of dismissal, details of the relevant order and an indication of the fact of dismissal. The seal of the organization and the signature of the boss are required.

Special cases

1. Dismissal on sick leave. When an employee does not come to work and is fired, and then brings sick leave, he is subject to reinstatement. In this case, the employer must be notified of the fact that the employee is on sick leave as soon as possible.
2. Removal from work by a pregnant woman. The procedure for dismissal for absenteeism in such a situation is possible only when the enterprise is liquidated. In other cases, this is not possible, regardless of the circumstances.

Each case of dismissal is individual. The employer must carefully consider all the circumstances, and the employee must provide all the necessary evidence confirming the validity of the reasons and other factors.

It is possible to fire an employee for absenteeism. But it will be necessary to comply with a number of formalities, failure to comply with which will lead to legal consequences, including the reinstatement of the “truant” to his position. The employer must evaluate all factors relevant to the case in order to avoid legal errors and contradictions.

One of the most common grounds for dismissal is dismissal for absenteeism. To ensure that the court does not subsequently recognize such a dismissal as illegal, it is necessary to pay careful attention to the preparation of documents and compliance with the dismissal procedure.

Truancy concept

The first thing that will help minimize the legal risks of declaring dismissal for absenteeism illegal is the correct definition of the concept of “truancy.”
It is important to consider that absenteeism is not only absence from work. In operation labor legislation There are five types of truancy:

• the employee did not come to work and was absent throughout his entire working day (regardless of its specific duration), and he cannot explain his absence with valid 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 declared unlawful by the court;
• the employee was absent from his workplace for more than four consecutive hours during his working day;
• an employee on a permanent employment contract submitted a letter of resignation due to at will and did not go to work, ignoring the two-week work period;
• an employee on a fixed-term employment contract does not return to work before the expiration of the contract or the notice period for early termination of the contract;
• the employee unauthorizedly used days off or went on vacation without permission, unless there are violations on the part of the organization. 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 donating blood). In this case, dismissal for absenteeism will be unlawful.

Thus, the first step of the procedure for dismissal for absenteeism is the qualification of the employee’s actions: if they fall under one of the five cases listed above, you can launch the procedure for attracting disciplinary liability and fire an employee for absenteeism.

Dismissal for absenteeism: step-by-step instructions 2017

If the employee’s actions can be qualified as absenteeism, then further steps must be taken according to the following scheme:

• registration of an absence certificate.

The act is drawn up in free form; a unified form is not provided. 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.
At the same time, you must remember to correctly fill out the work time sheet, using the letter designation “NN” (failure to appear due to unclear circumstances);

• finding out the reasons.

The next step in the procedure for dismissing an employee for absenteeism is to clarify the circumstances of the absenteeism. It must be remembered that dismissal in this situation is only the right of the company, but not an obligation. In practice, this means that, depending on the severity of the offense and the degree to which the reasons are valid, the company may decide to apply a lighter disciplinary sanction - a reprimand or reprimand that does not automatically lead to the dismissal of the employee. In the event of a labor dispute, the court will evaluate, among other things, the proportionality of the punishment to the misconduct.
Explanations must be received in writing (Article 193 of the Labor Code of the Russian Federation) in free form.
Despite the fact that the procedure for requesting explanations in current legislation is not regulated, it is recommended to draw up a notice of the need to explain the reasons for absenteeism and hand it to the employee under his personal signature. The employee will have two working days to provide explanations.
If an employee refuses to sign the notice, then it is necessary to draw up a report using a procedure similar to drawing up a report on absenteeism.
If the employee has not explained the reasons for absence from work after two working days, then this fact must also be recorded in a document.
To dismiss an employee for absenteeism, either a notice of the need to give explanations and written explanations received from the employee, or both a notice and an act of failure to provide explanations, will be sufficient;

• application of disciplinary action.

If the company does not consider the employee’s reasons for absence from work to be valid, then the last step of the step-by-step procedure for dismissal for absenteeism is the application of disciplinary action in the form of dismissal.
In this case, dismissal occurs by

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

Conditions for recognition of absenteeism

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

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

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

How to properly document absenteeism

Let us consider in detail how to register absenteeism at work. First, a certificate of absence of the employee from the workplace is drawn up. It contains the following data:

• Full name and position of the absent employee;
• date and time of absence;
• date and time of drawing up the act.

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

The completed act is handed over to the HR specialist. Based on this document, he puts the mark “NN” on the working time sheet in the form T-12 and T-13.

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

How to properly fire someone for absenteeism

If absenteeism is documented in accordance with all the rules, it is established that the employee did not have valid reasons for absenteeism, the employer has the right to apply disciplinary action. To properly fire an employee, you must strictly adhere to:

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

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

According to Art. 193 of the Labor Code of the Russian Federation, from the moment absenteeism is discovered, the employer will have 1 month to issue a dismissal order. During a long walk given period is calculated separately for each day missed. If the first absence was committed more than a month ago, the employer will no longer be able to fire the employee - the month deadline for issuing the order has expired.

Responsibility for absenteeism in various situations

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

Combination of positions

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

Part-timers

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

Pregnant workers

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

General Directors

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

Young professionals

Absenteeism young specialist is drawn up according to general rules, since Art. 336 no other instructions.

Civil servants

Civil servants are fully subject to all provisions of the Labor Code of the Russian Federation, including those related to absenteeism.

Showing up to work drunk

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

Shift work

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

Long absence (several days)

When working under an open-ended contract, an employee faces the same disciplinary measures for long-term absenteeism as for a one-time absence. Read about the possible consequences of absenteeism at work.

Absence for several hours

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

Absenteeism is a serious offense for which an employee can be fired. This is only permitted if the violation is documented. Otherwise, the person will be able to challenge the actions of management and be reinstated at work.

Something is not clear? Ask a question and get expert commentary