Order on disciplinary action for absenteeism. How is absenteeism formalized and what are the subtleties in different situations?

If your employee does not show up for work, he must provide an explanation. Absenteeism is a violation labor discipline, and this should be a respectful reason. The entrepreneur must figure out why the absenteeism occurred and correctly draw up an absenteeism order. We will talk about what an employee’s absenteeism report should look like in 2018 and what its format should be.

Truancy: concept and reasons

Absenteeism will be considered the absence of an employee at work for more than 4 hours without a valid reason. Truancy refers to, according to Part 1 of Art. 81 Labor Code of the Russian Federation.

An employee can be punished for absenteeism immediately. But before dismissing a person, it is necessary to find out why the violation occurred.

Reasons for absenteeism:

These are absenteeism committed for reasons whose circumstances do not depend on the employee. These may include illness with the provision of sick leave. A valid reason does not exempt from liability if it is not supported by documentation.

2. Not a valid reason.

These include absenteeism due to drunkenness, laziness, or reluctance to work. Moreover, if an employee refers to illness, but does not have a sick leave certificate, the reason is also considered disrespectful.

3. Other reasons.

A separate group includes reasons that in themselves are a reason to terminate a contract with an employee. These include an employee (clause 6, part 1, article 83 of the Labor Code of the Russian Federation) or detention (clause 4, part 1, article 83 of the Labor Code of the Russian Federation).

A valid reason does not exempt from liability if it is not supported by documentation.

Disciplinary action

If the employee does not have a valid reason, then the employer has every right to dismiss him. The basis for dismissal will be a gross violation of labor discipline (Article 192 of the Labor Code of the Russian Federation).

The employer must dismiss the employee according to the rules of disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation). If you do not follow all the procedures and do not register absenteeism in accordance with the law, the employee may sue, and, most likely, the dismissal will be considered groundless. In this case, the truant will have to be reinstated in his position and whatever the court orders.

For correct design In case of absenteeism, the employer needs to know a number of rules:

1. According to Art. 193 of the Labor Code of the Russian Federation, dismissal for absenteeism is possible no later than 1 month from the date of its discovery and no later than 6 months after it was committed.
2. The time of detection of absenteeism is considered to be the day when the absence was recorded in the report.
3. If the absence lasted more than 1 day, then month period counted from last day recorded in the act.

Registration of absenteeism

The first stage of registration of absenteeism should be an explanatory letter from the employee (Article 193 of the Labor Code of the Russian Federation). The explanation must be in writing in any form. The explanatory note is written addressed to the owner of the company or director. A commission of several people (administration, employees) should review the explanatory note.

The commission makes a decision on the reason for the absence. But what to do when an employee has disappeared and is not going to appear in the near future? As evidence that the employee was warned about disciplinary action, it is enough to send him a registered letter with an offer to appear and write an explanatory note. A signature on receipt will be proof that the employer tried to find out the reason for absenteeism. If the letter is returned, then you need to resend it and wait for the employee’s personal signature. If the employee does not show up during the week and an explanatory note is not received, then you need to draw up an absenteeism report and, on its basis, issue a dismissal order.

If an employee does not show up at the workplace, then he needs to send a registered letter with an offer to write an explanatory note.

The dismissed employee must be familiarized with the order and receive a signature that he has read the document. If the employee reads the order, then the entrepreneur needs to draw up an act, which is signed by several employees. The act is drawn up in free form. The dismissed person is sent an invitation by registered mail to familiarize himself with the order.

On the first day of absenteeism, the violation must be documented. For this purpose, an act is drawn up, which is secured with the signatures of 2 witnesses and a seal. An absenteeism report is drawn up by the entrepreneur in any form, separately for each day.

To make things easier, we have prepared a sample text for this document.

Act on absenteeism of Sidorov I.I.

The act is drawn up individual entrepreneur Mikhailov S.M. in the presence of the undersigned managers Artemkin V.I. and Naumova I.P.

We, the undersigned, testify that Sidorov I.I. absent from the workplace on February 14, 2018 from 8:00 to 17:00 without explanation.

The act was drawn up on February 14, 2018 at 13:00.

Below are the signatures of management and witnesses. It is important that the seal does not overlap the signatures.

The work time sheet is marked as NN (failure to appear for unknown reasons). After the employee appears and the reasons for absenteeism are clarified, the mark on the report card changes to BR (absenteeism) or B (absence due to illness). All days of absenteeism are not included in the payroll and are not paid by the employer. The exception is absenteeism on sick leave.

The dismissal order must be issued on the same day as the disciplinary sanction and have the same date (Article 193 of the Labor Code of the Russian Federation). After termination of the employment contract, the former employee must be given work book. If the former employee does not show up for her, he needs to send an invitation by registered mail. After the employee has received a registered letter, the entrepreneur is not responsible for the safety of labor. The employee will also be able to write a statement former employer about issuing him a work book. The employer must issue the document within 3 working days.

According to Art. 140 TC on the day of dismissal of an employee must be transferred to him. If the employee does not show up for payment on this day, then the money must be given to him no later than 3 days after dismissal.

Proper registration of absenteeism will protect you in court if the employee decides to challenge this decision. You need to draw up a report for each day of absenteeism and convey information about this to the truant. But don't rush and fire good specialist, perhaps, after a written explanatory note, it will become clear that the reason for absenteeism was valid.

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 the person is not assigned 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 signatures of witnesses, indicate exact time and date, 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. In the event of a long absence, this period is calculated separately for each day of absence. 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 additional 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 hiring 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.

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Before issuing an order, you need to make sure that the documents preceding it are completed: office notes, an explanatory note from the violator or an act of refusal to provide it.

If this is your first time in similar situation and you don’t know how to write a disciplinary order, you can simply download a sample of it and change the necessary data.

In any case, it contains the following:

• name of company;
• date and number;
• preamble - what the document is about;
• text reflecting the essence of the punishment imposed;
• basis - acts, service documents, explanatory notes.

As an example, you can consider a sample order to apply a disciplinary sanction.

Sample order on disciplinary action for absenteeism

If the employee does not agree with the punishment

In the procedure for applying disciplinary measures, it is important to comply with deadlines: an employee can be punished within 1 month from the date of the offense or the day it was discovered. It is also necessary to obtain a written explanatory note from the violator, and if he refuses to write it, draw up an act of refusal with the signatures of two witnesses. The employee is given 2 working days to provide an explanation.

The reason cited by the employee, as well as his disagreement, does not prevent the decision on punishment. However, appealing such decisions in court is not uncommon, especially if the consequence of the reprimand was deprivation of the bonus.

It is not difficult to draw up a sample order to impose a disciplinary sanction, and it may also be useful for further work if similar circumstances arise in the future.

Registration of absenteeism for an employee is often used as a basis for dismissing such an employee when the manager has been looking for a reason to part with him for a long time. But as a rule, such an employee, having gone to court, easily wins the case. And all because the employer did not bother to properly document the employee’s absenteeism in a timely manner.

Absenteeism according to the law

The Labor Code of the Russian Federation defines absenteeism as the absence of an employee from his workplace for more than four hours in a row without good reason during the working day (shift). 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 Russian Federation" clarifies that the following are considered disrespectful reasons:

– unauthorized use of time off and vacations;
– refusal to work the two weeks required by law before dismissal due to at will, if there was no consent of the employer;
– leaving work without good reason by an employee who has entered into employment contract for a certain period, until the expiration of its term or the period of warning about early termination of the employment contract.

At the same time, the employer does not have the right to issue absenteeism under these points to pregnant women, donor employees after donating blood, or employees who are on legally issued vacation.

Also remember that the law allows for absenteeism to be limited to a reprimand or reprimand, and dismissal is a last resort. But if such a fact occurred, the registration of absenteeism for the employee must undergo certain documentary registration.

Registration of absenteeism for an employee

Before registering truancy, you should know that any disciplinary sanction can be applied within a month from the date the offense was discovered. This period does not include periods of sick leave and regular vacations, as well as the time during which the representative body of employees must express its opinion.

It happens that an employee has a really good reason for absence, but due to some circumstances he cannot make himself known. In this case, in order not to go too far, it is enough to start by simply recording the fact of the employee’s absence by drawing up an appropriate act. It must indicate:

– place, time and date of compilation;
– Full name and position of the compiler;
– Full name and position of witnesses from among the employees who can confirm that their colleague was absent from the workplace;
– signatures of witnesses and the author of the act.

Until the employee shows up for work, he is reported with the code “NN” (“30”) - the employee’s absence for unknown reasons. Further, the code can be replaced with “B” (“19”) - temporary disability or “PR” (“24”) - absenteeism, in accordance with the identified reasons.

If the absenteeist calmly returns to the workplace after some time, then the question of how to formalize the employee’s absenteeism must be resolved. To do this, he must be familiarized with the act and require written explanations. Moreover, the demand must also be expressed in writing, so that later in court this can be used as evidence.

Such a notice specifies the period within which the employee must provide an explanatory note (usually two working days). If all this was ignored by the employee, a corresponding act is drawn up and you can safely issue a dismissal order. He is introduced to this document within three days against signature. If he refuses to put it in place, then in this case a corresponding act is drawn up again.

This is the general procedure by which registration of absenteeism for an employee.

Certificate of absence of an employee from the workplace - sample

Sample Notice of the need to provide explanations for absence from work

Sample design explanatory note employee's absence