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Missed 1 day

1 day of absence from work for an unexcused reason, from the next day official sick leave, then immediately vacation. Does an employer have the right to fire upon returning from sick leave or after vacation?

Olga, in accordance with Art. 192 of the Labor Code of the Russian Federation, this could be a reprimand, reprimand or dismissal. It all depends on how the employer will feel about your violation and towards you personally.

They can. However, if vacation and sick leave total more than six months, imposing a disciplinary sanction in this case is impossible. Article 193 of the Labor Code - Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

Can I be fired for absenteeism (1 day) without warning 5 months before retirement.

Analyzing the practice of courts examining proceedings between an employer and an employee, the Plenum of the RF Supreme Court issued a resolution “On the application by courts of the Labor Code of the Russian Federation.” Clause 39 establishes situations when they can be fired for absenteeism: An employee was absent from work during the working period for more than 4 hours; Not showing up at work during the working day and even less than four hours, if this is his shift; Leaving the place of performance labor responsibilities before the expiration of the employment relationship, or without notifying the employer or before the expiration of the time for notification of its early termination (Articles 79, 80, 280, 292 of the Labor Code of the Russian Federation); Self-care on time off or on vacation. Failure to appear at the place of performance of work duties on a day of legal rest, when the manager should present him, but refused to do so, does not apply to absenteeism. For example, after taking blood at a donor center, citizens are entitled to a one-day rest.

By law they can. Labor Code of the Russian Federation, Article 81. Termination of an employment contract at the initiative of the employer. Guides to personnel issues and labor disputes. Questions of application of Art. 81 of the Labor Code of the Russian Federation An employment contract can be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activities individual entrepreneur; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) 2) reduction in the number or staff of employees of an organization, individual entrepreneur; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) 3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications, confirmed by certification results; (clause 3 as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) 4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant); 5) repeated failure by an employee to fulfill his job duties without good reason, if he has disciplinary action; 6) a one-time gross violation by an employee of labor duties: a) absenteeism, that is, absence from the workplace without good reason throughout 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 the working day (shift); b) the employee’s appearance at work (at his workplace or on the territory of the employer’s organization or facility, where, on behalf of the employer, the employee must perform labor function) in a state of alcoholic, narcotic or other toxic intoxication; (clause “b” as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with performance of his job duties, including disclosure of personal data of another employee; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) d) theft (including small) of someone else’s property at the place of work, embezzlement, its intentional destruction or damage, established by the person who entered into legal force by a court verdict or a decision of a judge, body, official authorized to consider cases of administrative offenses; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) e) violation of labor protection requirements by an employee established by the labor protection commission or the labor protection commissioner, if this violation entailed grave consequences ( industrial accident, accident, catastrophe) or knowingly created a real threat of such consequences; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) 7) committing guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of trust in him on the part of the employer ; 7.1) the employee’s failure to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or unreliable information about his income, expenses, property and property-related liabilities, or failure to provide or provide knowingly incomplete or unreliable information about income, expenses, on the property and property obligations of their spouse and minor children, opening (availability) of accounts (deposits), storing cash and valuables in foreign banks located outside the territory Russian Federation, possession and (or) use of foreign financial instruments by an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of trust to the employee from the employer. The concept of “foreign financial instruments” is used in this Code in the meaning defined by Federal Law No. 79-FZ of May 7, 2013 “On the prohibition individual categories persons to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments"; (clause 7.1 introduced by Federal Law of December 3, 2012 N 231 -FZ, as amended by Federal Laws dated December 29, 2012 N 280-FZ, dated May 7, 2013 N 102-FZ, dated December 28, 2016 N 505-FZ) (see text in the previous edition) 8) committed by an employee performing educational function, an immoral offense incompatible with the continuation of this work; 9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization; 10) one-time gross violation by the head of the organization (branch, representative office), his deputies of their labor duties; 11) submission by the employee of false documents to the employer when concluding an employment contract; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) 12) has become invalid. - Federal Law of June 30, 2006 N 90-FZ; (see text in the previous edition) 13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization; 14) in other cases established by this Code and other federal laws. The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers. (Part two as amended by Federal Law dated June 30, 2006 N 90-FZ) (see text in the previous edition) Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to other work available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other locations, if so provided collective agreement, agreements, employment contracts. (Part three as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this division is carried out according to the rules provided for cases of liquidation of an organization. (Part four as amended by Federal Law of June 30, 2006 N 90-FZ) (see text in the previous edition) Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of trust, or, accordingly, an immoral offense committed by an employee outside the place of work or at the place of work, but not in connection with the performance of his job duties, is not allowed later than one year from the date of discovery of the offense by the employer. (Part five introduced by Federal Law No. 90-FZ of June 30, 2006) It is not permitted to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary disability and while on vacation.

Good afternoon, dear visitor! Unfortunately, you can be fired for absenteeism (absence from the workplace without a valid reason for more than 4 hours). All the best, I wish you good luck.

Yes, they can fire you for absenteeism if you are absent from work for more than 4 hours in a row, if you do not provide supporting documents. Try applying for this day at your own expense, or at the expense of your next vacation.

You must be given an explanation for absenteeism; if the employer or labor commission considers the reason valid, then perhaps you will avoid dismissal. Write an application for time off at your own expense, in hindsight, as they say, maybe they will accommodate you if you have good recommendations and authority.

Hello, Natalia! According to the current legislation, absenteeism (Labor Code of the Russian Federation, Article 81. Termination of an employment contract at the initiative of the employer) is absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as in the event of absence from work place without good reason for more than four hours in a row during a working day (shift); If you do not agree with your employer on your absence from work, then there is a basis for dismissal for absenteeism, regardless of how much time you have left until retirement. With respect and readiness to help, STANISLAV PICHUEV.

Is absence from work for 1 day considered absenteeism if, on the instructions of a doctor, I took tests and visited another doctor?

Good day. By general rule cannot be considered absenteeism for good reasons. If you have documents confirming a visit to a doctor, this may be recognized as a good reason and cannot be grounds for dismissal as absenteeism.

I didn’t go to work for 1 day, and I was fired for absenteeism. They don't want to pay money. If I haven’t received a full payment, it means that I’m still at work.

No, this means that the employer violated labor legislation, because is obliged to pay the full amount on the last working day (the day of termination of the employment contract). For violation of the payment deadline, the employer bears financial liability in the amount of the employee’s average earnings.

Good afternoon, dear visitor! They do not have the right not to pay settlements, collect them through the court. Also file a complaint with the State Tax Inspectorate and the prosecutor's office. Good luck and all the best to you, thank you for contacting us!

Can I get fired for 1 day of absenteeism?
One source writes that they can in accordance with paragraph 6 of Art. 81 of the Labor Code of the Russian Federation:
1) a single gross violation by an employee of labor duties: a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason more than four hours in a row during a working day (shift);
But another source has this entry:
For absenteeism there is disciplinary punishment- a reprimand, and dismissal immediately for 1 absence, given that the employee has no other reprimands or comments, is too strong a punishment, and the result is not a proportionate punishment, and how is it not clear?

Good evening, Ivan! This is very simple to understand - it will be up to the employer to decide. If you are a valuable employee for him, then you will be reprimanded, and if not, then you will be fired for absenteeism. Therefore, resolve the issue with him.

Good evening! Yes, you can be fired for one day of absenteeism, this is a gross violation. Good luck to you and all the best. Thank you for choosing our site!

Can I get fired for 1 day of absenteeism? Hello! Even for one absence, the employer has the right to fire you for a period of one work shift or more than 4 hours in a row.

This means that - when imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account - Art. 192 Labor Code of the Russian Federation. The employer may issue a reprimand or dismiss you, depending on the severity of the offense.

If I am absent for 1 day, and from the next day I have sick leave, do they have the right to fire me!?

In any case, you will be fired, since absenteeism is being away from work for more than four hours in a row. But they will fire you after coming to work after illness, because the dismissal procedure for absenteeism cannot be carried out in one day.

Good afternoon, if your absenteeism is officially recorded at your enterprise, then you can be fired, but only after you have completed your sick leave.

Good day! The employer has the right to fire you for absenteeism if you do not have a valid reason for absence on that day. They won’t fire you during illness, but they can when you return from sick leave. But this is a right, not an obligation of the employer. They may or may not fire you. Depends on your relationship with the employer.

Try to negotiate with your doctor and arrange sick leave from the day of absence. Otherwise, dismissal. This is not even discussed; absenteeism is a gross misconduct by an employee.

Was fired for absenteeism. I asked my boss for 1 day off, he told me to write an application for leave without pay. I wrote it, he signed it, I gave it to the personnel department, they told me when you get back from vacation, sign the order. As a result, when I returned from vacation, and only the next day I was told that there was no order and there would not be one since the director did not approve my application. On the day of my vacation, they drew up a report on my absence and then a report on my refusal to familiarize myself with the report on absence. They hid these reports from me. I only learned about them after my dismissal, from the labor inspection response. Bake The labor office concluded that my dismissal was legal. I managed to file a lawsuit within the time limit. In this situation, is it possible to prove that I was framed, be reinstated to work and receive monetary compensation?

Everything will depend on the gadflies of the parties. It's unpredictable. State witnesses

Is 1 day of absence from work considered an interruption of continuous work experience when applying for a pension?

Doesn't count. It’s just that continuity of length of service is not taken into account in legislation in general and pension legislation in particular.

After sick leave, I skipped 1 day. I immediately went on second sick leave. After discharge, I walked for another 1 day. What to do? Can they be fired under the article?

Hello. Yes they can

Hello! Of course they can.

Hello! Yes, they can fire you for absenteeism.

1 day of absenteeism was activated. Threatened with dismissal. Article. Although there was an agreement. Then he went on sick leave. Upon returning to work they will demand an explanation, I know that I have 2 days for this. During these 2 days I can write an application for leave with subsequent dismissal or just an application on my own.

Hello! it’s worth writing an explanatory note, even if you write it according to at will- it’s not a fact that they won’t be fired for absenteeism

applying for leave will not save you from dismissal!

Questions were answered by E.Yu. Zabramnaya, lawyer, PhD n.

Dismissal for absenteeism: there is no person - but there is a problem

It is common knowledge that the main asset of any company is its employees. However, not all employees understand that their job duties must be performed in good faith. And persistent violators of labor discipline, such as absentees, become a headache for the employer.

Absenteeism- is the absence of an employee from the workplace without good reason n:

  • <или>throughout the working day, if the working day is 4 hours or less;
  • <или>more than 4 hours in a row, if the working day is more than 4 hours.

Workplace- a place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer I Art. 209 Labor Code of the Russian Federation.

Everyone knows: absenteeism can get you fired. b subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. But in practice, difficulties arise: can an employee’s absence from work in a particular situation be regarded as absenteeism and punished for it?

What to do when an employee simply stops going to work one day? How to properly record absenteeism?

Before moving on to specific issues, let's consider the general procedure for holding people accountable for truancy.

How to record absenteeism and how you can punish for it

Let's start with the fact that absenteeism is a gross violation of labor duties by an employee. Therefore, you can fire even someone who skipped work once. h subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. This distinguishes absenteeism from less “severe” violations, such as being late for work.

Although even in case of absenteeism, milder sanctions than dismissal may be applied to the employee - a reprimand and a reprimand R Art. 192 Labor Code of the Russian Federation.

Regardless of what punishment you choose, you must:

  • record the fact of the employee’s absence from work;
  • find out the reason for this absence.

How to record an employee's absence from work

The fact that an employee is absent from work is recorded:

How to draw up an absence from work report, see: 2010, No. 23, p. 74
  • <или>data from the electronic system installed at the checkpoint (checkpoint);
  • <или>a report (official) note from the truant’s immediate supervisor;
  • <или>an act of absence from work, which is usually drawn up by an employee of the HR department or the immediate supervisor of the absent employee in the presence of two witnesses - colleagues of the truant.

How to establish the reason for an employee’s absence from work

After recording the fact that an employee is absent from the workplace, you need to figure out what caused this absence. After all, an employee may not come to work for a good reason, for example, in case of illness or late return to work from vacation due to a flight delay.

For more information on the procedure for bringing an employee to disciplinary liability, see: 2010, No. 23, p. 14, 74

If an absent employee comes to work the next day or a few days later, ask him for a written explanation of the absence. Moreover, it is better to do this in writing, so that in the event of a legal dispute you have evidence that you requested an explanation. After receiving explanations, you will understand whether the employee committed absenteeism or had valid reasons for absence from work e Art. 193 Labor Code of the Russian Federation; Clause 2 of the motivational part of the Determination of the Constitutional Court of the Russian Federation dated October 17, 2006 No. 381-O.

We warn the manager

Explanations about the reasons for absence from work must be requested in writing and given to the employee 2 working days to provide them.

Please note: the employee is given 2 working days to provide explanations. This period is calculated from the next day after you request an explanation from the employee. I Art. 193 Labor Code of the Russian Federation. For example, if you requested an explanation on April 26, then the above two-day period will begin to run on April 27. If the employee does not give an explanation within the specified period, draw up a report on their failure to provide And Art. 193 Labor Code of the Russian Federation.

An example of a notice of the need to provide written explanations and an act of failure to provide written explanations can be found in the publication “General Ledger. Conference hall", 2011, No. 3, p. 25-26.

If the employee long time doesn't show up at work for a reason unknown to you, act To Art. 193 Labor Code of the Russian Federation:

1) send by mail a valuable letter with a list of attachments and a notification of delivery to the employee’s address requesting a written explanation for the fact of his absence. Then, in the event of a legal dispute with an employee, you will have proof that you tried to get an explanation;

2) draw up daily reports on the employee’s absence from the workplace in the presence of witnesses;

3) record in the work time sheet according to form No. T-12 or T-1 3 failure of the employee to appear for unknown reasons (until the circumstances are clarified). To do this, put in the timesheet:

Do this until you find out the reason for the employee’s absence or until management decides to fire him.

Your further actions depend on how the situation develops.

SITUATION 1. The employee showed up for work some time later. Request an explanation from him and, depending on whether he had a valid reason for his absence or not, decide whether to hold him accountable.

SITUATION 2. You have received an explanation from the employee by mail, from which it follows that he has no valid reasons for his absence. But he doesn't go to work. You have the right to issue an order to hold him accountable for absenteeism, up to and including dismissal. I subp. “a” clause 6, part 1, art. 81, articles 192, 193 of the Labor Code of the Russian Federation.

SITUATION 3. You have not received an explanation from the employee; he still does not come to work. But you received a notification by mail that he had received your demand for an explanation. Some employers fire the employee in this situation. They are guided by the fact that an explanation has been requested from the employee and the employee himself is to blame for not providing it. But such actions are associated with certain risks. After all, there is a possibility that the notice was not given to him, but to one of the family members. For example, the employee himself may be in the hospital, and the correspondence is received by his family, who are not obliged to give you an explanation. Therefore, it is prudent in such a situation to continue to make attempts to contact the employee until receiving any explanation from him.

SITUATION 4. The employee does not show up for work, does not send any explanations, and you have no confirmation that he received your letter. Or the letter was returned, never received by the addressee. This is the most difficult situation in which in practice they do this:

  • <или>continue to draw up daily reports on the employee’s absence from work and record absences in the time sheet, and until the reasons for the employee’s absence are clarified, they do not issue an order to dismiss him. The majority does this, guided by the fact that the reason for the employee’s absence is not known, which means that the employer is not 100% sure that the employee is absent (that is, absent without good reason);
  • <или>lose patience and fire for absenteeism if the employee’s absence is too long, the employer’s repeated attempts to contact him are unsuccessful and another employee needs to be hired in his place. Courts often agree with such dismissal in absentia Determination of the Moscow City Court dated November 12, 2010 No. 33-32370.

But sometimes courts note as a violation of the dismissal procedure that a notice of the need to give an explanation regarding absence from work was sent to the employee, but mailing was not given to the employee, but was returned to the employer Yu. Although, as practice shows, if this is the only violation, then it is unlikely that the employee in such a situation will be reinstated at work.

We warn the manager

It is forbidden dismiss an employee immediately after he fails to show up. We need to ask him for an explanation. Otherwise, he may later be reinstated at work through the court, and then you will have to pay him average earnings for the entire period of forced absence.

Remember, there is always a chance that your employee will return and provide you with a document confirming the valid reasons for his absence and the impossibility of notifying the employer in a timely manner. Then you will have to cancel the order to dismiss the employee.

If you do not do this yourself, then when the former employee is reinstated by the court, the court will oblige you to pay him the average salary for the period of forced absence A Art. 394 Labor Code of the Russian Federation; paragraph 41, paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. You will not have to pay for the period of absence of the employee from work before you issue a dismissal order, since he did not work. The exception is when he has sick leave.

If, however, you have already hired a new one to replace the dismissed employee, and the court reinstated the dismissed T Art. 394 Labor Code of the Russian Federation, then a new employee hired for his position will have to:

  • <или>transfer to another job that corresponds to his qualifications, or to a lower position (lower paid job), which he can perform taking into account his state of health;
  • <или>if there are no vacancies or if the employee does not agree to the transfer, terminate the employment relationship in connection with the reinstatement of the employee who previously performed this work by the court at clause 2, part 1, art. 83 Labor Code of the Russian Federation. Upon dismissal, the new employee will need to be paid severance pay in the amount of two weeks' average earnings A Art. 178 Labor Code of the Russian Federation.

If, in connection with the appearance of an absent employee, you decide yourself (without court) to cancel the order of his dismissal and provide him with his previous job, then you will have to negotiate with the new employee replacing him (unless you hired him under a fixed-term employment contract):

  • <или>about his transfer to another job at Art. 72.1 Labor Code of the Russian Federation;
  • <или>on termination of an employment contract by agreement of the parties n Art. 78 Labor Code of the Russian Federation.

How to record absenteeism on a timesheet

If you are convinced that the employee was absent, be sure to adjust the data on the time sheet. Remember that the time sheet is one of the most important documents confirming the employee’s absence from work and the reason for this absence I Determination of the Leningrad Regional Court dated September 15, 2010 No. 33-4513/2010.

You need to correct the letter code “NN” (or digital code “30”) originally entered on the report card to the absenteeism code. This can be done in two ways:

  • <или>just cross out the code “NN” (or “30”) on the report card and write “PR” (or the digital code “24”) at the top. These corrections must be certified by the persons responsible in the company for maintaining timesheets and personnel records, as well as by the head of the structural unit in which the absentee works, indicating the date the correction was made. th clause 5 art. 9 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”;
  • <или>in addition to the main time sheet drawn up for all employees, where the absentee during periods of absence is marked “NN” (or “30”), draw up a corrective time sheet exclusively for this employee. And already in this report card for the days of absenteeism, enter the code “PR” (or “24”). Attach the corrective time sheet to the main time sheet.

During what period can an order be issued to prosecute for truancy?

Absenteeism, like any other disciplinary offense, can be punished b Art. 193 Labor Code of the Russian Federation:

  • within a month from the date of its discovery, not counting the time the employee was ill and on vacation;
  • within 6 months from the date of its commission.
For more information about the timing of disciplinary sanctions, read: 2010, No. 23, p. 16

When an employee does not show up for work for a very long time, management may fear that the time limit for applying disciplinary sanctions for absenteeism will expire.

No worries. The period calculated from the date of discovery of absenteeism will begin to run not from the 1st day of the employee’s absence from work, but from the day when you became aware that the employee was absenteeism T.

How to file a dismissal for absenteeism

In case of dismissal for absenteeism, an order to terminate the employment contract is issued according to the unified form No. T-8 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. In the order, do not forget to state the circumstances of the absenteeism committed by the employee, indicating the dates of absenteeism A Determination of the Moscow City Court dated November 25, 2010 No. 33-35148, and in the column “Base (document, number, date)” list all documents drawn up as part of the procedure for bringing an employee to disciplinary liability:

  • certificates of absence from work;
  • reports (official) notes;
  • a written explanation from the employee or an act of refusal to give an explanation.
You can find the texts of the court decisions mentioned in the article: section “Judicial Practice” of the ConsultantPlus system

The dismissal order must be presented to the employee against signature. And if the order cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it upon signature, a note about this must be made on the order m Art. 84.1 Labor Code of the Russian Federation.

An entry in the work book upon dismissal for absenteeism is drawn up as follows.


If the employee is not at work on the day of termination of the employment contract, send to his home address a notice of the need to appear for a work book or agree to have it sent by mail e Art. 84.1 Labor Code of the Russian Federation. Until you receive written instructions on what to do, keep the work book with you.

Now let's move on to the questions from our readers.

Unauthorized going on vacation - absenteeism

T.A. Ivanova, Perm

The employee was on sick leave for several months, and then wrote a statement for annual leave. We have no grounds for granting him leave at this particular time (that is, not according to the vacation schedule). Without waiting for a response from management, he stopped going to work. Do we have the right to register his absence from work as absenteeism?

: Yes. As follows from your situation, the employee went on vacation without permission, that is, absenteeism l Art. 192, sub. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation; ; Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

By the way, absenteeism is also the unauthorized use of time off by an employee. The exception is cases where the employer was legally obliged to provide the employee with rest time, for example, time off on a certain day, but did not provide it. For example, he refused to provide an employee with a donor day the day after the employee donated blood, although according to the Labor Code of the Russian Federation he was obliged to do this b subp. “d” clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2; Rulings of the Moscow City Court dated October 28, 2010 No. 33-30782, dated October 14, 2010 No. 33-30069, or refused to provide leave, although according to the schedule the employee should have gone on leave at that particular time.

Unregistered maternity leave is also absenteeism

HEDGEHOG. Goncharova, Balabanovo

After completing maternity leave (in 2008), the employee did not go to work and did not inform the employer about the birth of the child. After giving birth, I did not take out maternity leave. In 2011, she sent a letter in which she asked to be given leave without pay wages from March 7, 2011 to April 15, 2011 inclusive. The child probably turned 3 years old on March 7, 2011.
Is it possible to fire this employee?

: Can. If the employee did not exercise her right and did not take out maternity leave A Art. 256 Labor Code of the Russian Federation, then she is most likely playing truant. As follows from the question, then she also went on leave without permission without pay, that is, she again committed absenteeism.

But before you fire an employee, ask her for an explanation of the reasons for her absence from work for 3 years. And register your truancy as required.

You cannot fire an employee for refusing to interrupt a vacation.

HELL. Starikov, Moscow

The employee, in agreement with the manager, went on vacation for a whole month. During his vacation, a situation arose in the organization that required his participation. However, he refused to interrupt his vacation. Can he be fired for absenteeism?

: No, in such a situation you cannot fire someone for absenteeism. According to the law, recall from vacation is possible only with the consent of the employee A Art. 125 Labor Code of the Russian Federation. Therefore, you have no grounds not only for dismissing him for absenteeism, but also for bringing him to disciplinary liability in general (even in the form of a reprimand or reprimand )Art. 192 Labor Code of the Russian Federation.

An explanatory note from a mother will not replace an explanatory note from an employee.

S.F. Zorkina, Stavropol

The employee did not come to work for several days and did not provide an explanation for the reasons for his absence. His mother came to the organization with a request to issue her son’s work record book at his verbal request. The mother also said that her son was already working in another city and was not going to work for our organization.
Written explanations were taken from the employee's mother. Based on these explanations, we fired the employee for absenteeism, and gave the work book to his mother.
Now we’re thinking: did we do the right thing?

We warn the manager

If the employee does not want to leave vacation early, This is not a truancy.

: You made the wrong decision. In such a situation, you should have sought an explanation from the employee himself, and not from his family members. And Art. 193 Labor Code of the Russian Federation.

The mother's explanation in your situation is just an additional argument. But it cannot serve as evidence of absenteeism by your employee.

It was wrong to give the employee’s mother a work book, since she did not provide you with a power of attorney to receive it, written by her son. It was necessary to send a notification to the employee’s address about the need to appear for a work book or to agree to send it by mail e Art. 84.1 Labor Code of the Russian Federation. Until you receive an answer from him, the work book should be kept by you.

Written agreement on vacation time with the employer is in the interests of the employee

R.P. Kutsenko, Krasnodar

The manager verbally allowed me to go on vacation for 3 days outside the vacation schedule, and upon returning to work, he fired me for absenteeism. This is not the first time this has happened in our company. Is this legal?

: Of course, it is illegal if you have agreed on your vacation with him. But in your situation, you still need to be able to prove this to the court (including with the help of witnesses). And the best proof is your application for leave with the resolution of your manager. Then the court will reinstate you at work. And if you can’t prove it, the court may decide that you went on vacation without permission. O Ruling of the Ryazan Regional Court dated April 25, 2007 No. 33-580.

If a manager constantly practices such unfair actions towards his employees in order to deal with unwanted employees, then it is worth reporting these facts to the labor inspectorate.

If an employee refuses to provide an explanation, a report must be drawn up

The employee did not come to work on February 15 and 16, 2011. He did not provide the reason for his absence. Absences were recorded in acts and memos.
When he went to work, he refused to give an explanation, saying that “he doesn’t want to today, he’ll write tomorrow.” He did not provide documents justifying his absence from work. An act of refusal to give a written explanation was drawn up. The employee also refused to sign it, citing the fact that in principle he does not refuse, but only does not want to give written explanations today and will write them tomorrow. It was decided to fire the employee for absenteeism.
Did we do the right thing?

: The employee was probably playing for time in the hope that month period the application of a disciplinary sanction will expire from the day the offense was discovered and he will no longer be held accountable And Art. 193 Labor Code of the Russian Federation.

In general, you did the right thing, except that you should have drawn up a statement about the employee’s failure to provide explanations, and not about his refusal to give them. Remember that the employee always has 2 full working days when he can change his mind and provide you with an explanation for his absence I Art. 192 Labor Code of the Russian Federation. Therefore, it is better not to take risks, wait and draw up an act of failure to provide explanations.

In relation to a truant who wants to resign of his own free will, you need to act promptly

I.T. Gavrilova, Kazan

The employee did not show up for work and sent us a letter sent on the day of absence (March 21, 2011), in which she asked to be granted leave without pay from the specified date to April 1, 2011, and at the end of it to dismiss her on her own desire. The employee still hasn't returned to work. Is it possible to regard her absence as absenteeism and fire her not of her own free will, but specifically for absenteeism?

: As follows from your situation, the employee voluntarily went on vacation without pay, that is, she committed absenteeism, which means she can be fired for this b subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation; subp. “d” clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

However, in your case, the employee in her statement expressed her intention to resign of her own free will. Of course, this does not deprive you of the right to fire her for prog l clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. But this must be done within 2 weeks from the date of receipt of the said application from her. Otherwise you will have to terminate employment contract with her on her initiative. Moreover, it does not matter on what grounds the employee is dismissed.

What day to fire for absenteeism?

P.D. Tyuftyaeva, Tolyatti

The employee works on a rotating schedule. On March 25, 2011 he has a working day, then two days off. On March 28, he did not go to work without good reason. Do we understand correctly that since, according to the Labor Code, the day of termination of an employment contract is the last day of work, then the employee must be fired for absenteeism on March 25, 2011?

: No. It is incorrect to fire an employee on the day before the first day of absenteeism, that is, in your situation, March 25, 2011. Indeed, as a general rule, the day of termination of an employment contract is the employee’s last day of work. The exception is when he did not actually work, but he retained his place of work (position )Art. 84.1 Labor Code of the Russian Federation.

The employee, while the employer finds out the reasons for his absence and determines whether he had valid reasons or not, must retain his place of work. Agree, it looks strange when the date of requesting an explanation and the date of receiving it from the employee are later than the date of termination of the employment contract. After all, after dismissal, this person is no longer an employee and is not obliged to provide anything to the employer. At the same time, the employer cannot fire an employee before asking him for an explanation, etc. .Art. 193 Labor Code of the Russian Federation

In addition, a situation is possible when, after absenteeism, an employee returns to work and will work for some time while the employer determines whether he committed absenteeism, etc. Therefore, he cannot be fired on the day of absenteeism.

It is correct to dismiss an employee on the very day when an order is issued to dismiss him for absenteeism. But, as practice shows, even if you fire an employee on the last working day before absenteeism, nothing bad will happen. After all, this approach is based on the recommendations of Rostrud A Letter of Rostrud dated July 11, 2006 No. 1074-6-1.

Dismissal for absenteeism is a right, not an obligation of the employer

V.D. Rusanova, St. Petersburg

The employee did not return from vacation and did not make herself known in any way. Telegrams to her place of registration and place of actual residence remained unanswered. A month later, she finally showed up at work and wrote a letter of resignation of her own free will.
Should we fire her voluntarily or should she be fired specifically for absenteeism?

: You have the right to fire an employee for procrastination l subp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation. To do this, you need to follow the procedure for bringing to disciplinary liability And Art. 193 Labor Code of the Russian Federation. But you can meet her halfway - fire her at your own request. After all, bringing to disciplinary liability is a right, not an obligation of the employer.

You cannot fire an employee for absenteeism during illness.

L.T. Skvortsova, Volgograd

We recently hired a new employee. Unfortunately, she turned out to be a drinker (although she did not come to work drunk). On January 11, 2011, she stopped going to work. Doesn't answer calls. As expected, we document all of her absences from work and put “NN” on the report card.
On February 14, we received a statement from her by mail stating that she was on sick leave. However, we doubt that she really has sick leave, much less for this entire period. And management still intends to fire her for absenteeism.
What if the sick leave is confirmed? What to do in such a situation?

: In such a situation, an employee cannot be fired for absenteeism. After all, you have her written explanation that she is on sick leave.

So for now, continue to document all of her absences from work. But proceed from the assumption that she is still sick. If this is not confirmed later, then you can fire her for absenteeism.

The grass is turning green, the sun is shining. And we, like complete fools, rush to work. And this is instead of a trip to nature with friends and barbecue. It's a shame! This injustice in life must be corrected. So, do your best to come up with a manageable excuse and skip work. Here are some ready-made methods.

1. Get sick. Early in the morning, call work, having previously put a clothespin on your nose, and moan into the phone: “Oh, I can’t, I’m sad, woeful! My death has come imminently! I’ll rest for a day today, and tomorrow, if not to the cemetery, then Definitely get to work!" Any leader, if he is not a complete sadist, will allow you to rest for a day or two. This is much more profitable for him than sending you on sick leave for a couple of weeks. If you don't have enough artistry to portray a dying person, you can invent a terrible stomach disorder. Then you will simply limit yourself to a short call: describe your problem in a nutshell and end the conversation under the pretext of urgent matters in the restroom area. You can go another way. For several days, complain about feeling disgusting, and then “go to the doctor.” Then you will say that you did not get an appointment or that the doctor did not find anything for you except terrible overwork.

2. Invent a lonely grandmother suffering from a myriad of illnesses. Then you can go away to bring the old lady medicine, take her to the hospital, give her an injection, give an enema, and just sit at the bedside of your “dying” relative. Just don’t even think about asking to attend her funeral - your grandmother will come in handy more than once.

3. Call work and say that your clueless spouse has taken both sets of keys from the house and you cannot leave the apartment. The same series of excuses includes leaking sewerage, damaged water supply and other faults that require your presence in the apartment. Report misfortunes with regret, lament the disruption at work, and calmly stay at home.

4. Induce your relative or friend to deceive. Let him fake a call from the police. He will call you at work, officially ask you to come to the phone and allegedly inform you that your apartment was robbed and you need to come urgently to make a list of lost things. If you fight in hysterics and scream that you stole 37 items acquired through back-breaking labor (a deck of cards and an opener), in addition to time off, you will also receive financial assistance. In addition to “policeman,” the options “flooded neighbor” and “gas worker” are well received.

5. Call work and report that there is a bomb in the office. Only now, if your deception is revealed, you will lose not only your job, but also a huge amount of money that you will have to pay in the form of a fine.

6. Call the SES to combat rats, cockroaches, bedbugs, cabbage butterflies and other living creatures. These pests can be brought from home and dispersed throughout the office. Then you will not be the initiator of calling the stainers, and you will not be suspected of anything.

7. If you get there by car, say that you broke down in the middle of a deserted highway and waited half a day for a tow truck. Somewhere towards the end of the working day, call work and express your desire to come. In 9 cases out of 10 you will be dissuaded. You can make up an accident. But then you will have to travel on foot for some time while the car is supposedly being repaired. But it will be possible to ask for time off early under the pretext of trips to a car service center.

8. Obtain a plan for your institution’s communications system and, under cover of darkness, chew through a cable or dig a hole in the sewer. Everyone will be sent home. Just be careful: wear galoshes and gloves - the cables are live. It’s also good to wear an orange jacket - if you are noticed doing your dirty work, they will take you for a repairman.

9. Be rude to your boss and fail a responsible area of ​​work. You will sit at home as much as your heart desires and do personal business, search new job, For example.

10. Earn by exemplary behavior. Go to work on weekends, work in the evenings, complete tasks well. You will be appreciated, respected, indulged in your whims and, perhaps, even given a library day. It’s just a pity that this method is not suitable for those who are already figuring out which of the previous 9 to use.

The May holidays are just around the corner - a time when you can finally relax and take a little break from work. But what if you don’t want to go to work today? Agree, it happens that you seem to have earned the image of a hardworking employee, and your conscience is frankly against it... but you really want to skip work, remaining to continue lying in a warm bed or on the couch, watching morning TV shows... And if the child is sick or you are in captivity powerless after last night's party?

No, you can, of course, hope for understanding from your superiors. But what if the relationship with the manager is not warm? Then, of course, it’s better not to skip – you know what the consequences are. But if you still decide to pass, you better enlist the support of the law - fortunately, it contains several options for successful maneuvering. Careerist.ru will help you find a truly “good reason.”

1. Donation

Probably the most proven way to avoid going to work is to donate blood. It allows you not only to realize your noble intentions to help humanity, but also provides material benefits in the form of food or monetary compensation at the donor center. Well, besides, according to Art. 186 of the Labor Code, on this day you can quite legally skip work. Moreover, the day after donating blood can be similarly missed, and this will not affect your salary in any way, so you will not lose money either. If there is no desire to rest specifically on these days, no problem; days off on the occasion of donation, at your sole discretion, can be transferred to any other day or added to the vacation. The main thing is that the bosses don’t get mad at such tricks... Although, the law is on your side, right?!

2. Work on weekends and holidays

If your bosses like to take advantage of your flexible nature and are ready to “drive” you out to work on Sunday, it’s time to use it against them. You shouldn’t immediately refuse to work on a day off, because it provides you with a good trump card in case your desire to sleep is stronger than your boss’s screams. So, according to Art. 153 of the Labor Code, if you are unlucky and your boss forces you to go to work on the weekend, then you may well demand a day off on another day convenient for you. But this is only if you do not need the money, because if you do not ask for an additional day off, the work must be paid double. If absenteeism is needed today, you can offer your boss a small reshuffle: a day off today, and back to work on Sunday. Perhaps he will agree...

3. Temperature violations

Not the most “corporate” way to justify your own absenteeism, but still. So, if the office is too cold in winter and too hot in summer, the employee has every right to suspend labor activity, having notified the employer about this in writing. In particular, according to the Hygienic Requirements for the Microclimate of Industrial Premises, the air temperature in the office during the cold period should not fall below 13˚C, and during the warm period – no higher than 28˚C. Violation of these limits can reduce performance, worsen your well-being and generally harm your health, and this, according to Art. 379 of the Labor Code, gives the employee the right to refuse to perform work by notifying his superiors in writing. Yes, and for this period your salary is retained. True, not every boss will tolerate such “maneuvers,” so if you’re going to sabotage the work, it’s better to work with the whole team.

4. “At your own expense”

Since Soviet times, in the corporate culture of workers there has been such a thing as going “at your own expense,” that is, getting an unpaid day off or several days off. Today this possibility also exists - according to Art. 128 of the Labor Code, for family and other valid reasons, at the employee’s written request, he may be provided with several such days “at his own expense.” The duration of such rest is negotiated with the authorities, and can even be 1 day. This, however, is only the right of the employer. But it can become his responsibility if, for example, you are a pensioner, a working disabled person, you have had a child, you are celebrating a wedding or your close relative has died, you combine work with study, and in other cases provided for in Art. 128 TK.

5. Corporate time off

Corporate time off, unfortunately, is rare and is not established by law, so not everyone has the opportunity to receive it. But if you are determined to skip work tomorrow, you might want to read your employment contract. The fact is that many companies practice providing employees with paid (or unpaid) time off without requiring an explanation of the reasons - corporate culture, what can you say. But you might not have been told about this when you were hired, so take the employment contract and carefully study the section “Rights and Responsibilities of the Employee,” “Working Time and Rest Time,” as well as “Other Conditions.” If, lo and behold, in these sections there is a rule about granting you time off, take care of your employer, only a few are so lucky.

6. Study leave

Studying and working at the same time is the lot of real heroes, so only for this they need to be given extra days off. But the law thinks differently, providing the opportunity not to attend work only during sessions, passing state exams and writing thesis. In particular, according to Art. 173 of the Labor Code, during sessions of 1-2 courses, up to 40 days are provided, and then up to 50 days (when receiving secondary education, 30, respectively). Moreover, leave of up to 4 months is given for state examinations, and 10 months before their start, the employee has the right to demand a layoff from the employer working week for 7 hours, which can be done by giving the employee one more day off from work per week. It turns out that for 10 months before the “states”, you may have one more floating day off per week. It’s worth going to study just for that!

7. Medical examination

A medical examination is always troublesome. You have to visit a lot of doctors, stand in kilometer-long queues and generally spend a lot of time on this. And if the employer sends you to undergo it, he understands perfectly well that such things cannot be done quickly. By the way, yes, you are not required to take it in work time– medical examination, if it is carried out in regular professional examination hospitals, then this is always working hours. At the same time, according to Art. 185 of the Labor Code, the time of undergoing a medical examination is fully paid by the employer, even if it is half a working day, or even several days. And here you need to understand that the speed of its passage will depend solely on you, your acquaintances at the hospital and efficiency in queues. Or maybe required certificate and in general was received in advance, and will the day of the medical examination be carried out outside of medical institutions?

8. Child's illness

Is your child sick? There is absolutely no problem with this - the law allows one of the child’s parents to take out sick leave for the duration of his illness. According to Order of the Ministry of Health and Social Development No. 624n, which regulates the procedure for issuing certificates of incapacity for work, sick leave is issued in the case of caring for a sick child under 7 years old - in any case of illness, and up to 15 years old - in case of outpatient treatment or the need for a joint stay in the hospital. And if a parent cares for a disabled child, then according to Art. 262 TK, he is given 4 additional days off every month.

9. Work in the village

If you are lucky (or unlucky) to work in rural areas and at the same time be born a woman - know, according to Part 2 of Art. 262 TK, you are entitled to 1 additional unpaid day off per month, which is provided at the request of the employee herself without argumentation or explanation. I want to relax, that’s all! This is due to the difficult working conditions in rural areas, especially since women usually work there either on livestock farms or in the field. Nevertheless, the day off is granted regardless of the presence of children and other subjective factors, even if you are a milkmaid or the chief accountant of the village council. The main thing is that this is an application to their management, and that’s it, you don’t have to go to work!

10. Delay in salary

Even if this is a negative example, an employee has every right to suspend his work activity and not go to work by notifying his superiors in writing, if the delay in wages was 15 days. No salary? Work yourself! According to Art. 142 of the Labor Code, such a lonely protest against corporate tyranny can last until the delayed amount is paid. If the employee is ready to pay the delayed amount, he must go to work the next day. At the same time, at the time of suspension of work, he is not required to be at the workplace, so if wages have not been paid for 2 weeks, stay under the covers, having first written a statement to your superiors. Don’t be afraid for your salary - for the period of such a strike, according to Part 4 of Art. 142 of the Labor Code, the employee retains his average earnings.

In general, it’s better to get along with your superiors a good relationship, and always having the opportunity to take time off is the law, and a trusting relationship with management is worth much more.

Labor activity in Russia has a huge number of features and nuances. All citizens are not only workers, but also simple people. Therefore, employers have various questions in the course of conducting their activities. For example, today we have to find out whether someone can be fired for absenteeism. What is needed for this? In fact, the topic being studied is extremely serious. It occurs quite often in practice. However, employers and subordinates have different views on this kind of situation. What does Russian labor legislation say? How to terminate an employment relationship with a truant worker? The answers to all these questions will be found below. If you understand it thoroughly, then no problems or disputes will arise.

Ambiguity of opinions

Can you be fired for absenteeism? As already mentioned, the answer to the question posed cannot be called unambiguous. Some say that absence from work can result in dismissal. Some people say the opposite. But who is right?

It all depends on the circumstances and the specific situation. The Labor Code of the Russian Federation is a set of laws governing the relationship between superiors and subordinates. It was created to solve controversial issues. The rights of workers are protected precisely by the Labor Code.

In general, a citizen can indeed be fired for absence from work. But under certain circumstances. Next, the topic under study will be discussed in more detail.

The legislative framework

Can you be fired for absenteeism? It all depends on the reason why the citizen did not show up for work. As already mentioned, termination of employment relations at the initiative of the employer due to the absence of a subordinate at work is possible. But not in all cases.

The Labor Code of the Russian Federation indicates that a boss can fire a person who was absent from work without a good reason for a long time. This right is established by Article 81. Accordingly, in order not to be afraid of dismissal, you must always comply with the signed employment contract.

However, sometimes circumstances happen stronger than will person. Therefore, it is not always possible to fire someone for absenteeism. Article 81 of the Labor Code allows you to terminate the relationship between an employee and a boss only in the absence of valid reasons. In addition, it is important to establish that it was absenteeism and not lateness. This is extremely important.

Definition of truancy

But how exactly? What is truancy? Without a valid reason, a citizen is absent from work for more than 4 hours in a row. It is precisely this behavior that is interpreted in modern Russian legislation as truancy. How does it qualify? Labor Code absenteeism?

It follows that if the employee had good reasons, then missing a day of work or a long absence from work is not grounds for dismissal.

The main problem is establishing respect. The Labor Code of the Russian Federation does not have any clear instructions regarding which cases are considered an excused absence from work. Therefore, each absenteeism is considered separately. This is normal.

Good reasons

Can you be fired for absenteeism? Yes, if it has been proven. In other situations, missing work will not be grounds for termination of the employment relationship. So you don't have to worry.

As already mentioned, the legislation of the Russian Federation does not indicate cases in which absence from work is considered valid. However, in practice it is possible to more or less determine when absenteeism is such.

The most common valid reasons for absence from work include:

  • incapacity for work of a citizen, confirmed by documents;
  • being in government or public work;
  • undergoing a medical examination;
  • donation of blood and its components;
  • being in custody;
  • participation in rallies and strikes;
  • emergency situations that interfere with normal operations (for example, flight cancellation or bus breakdown);
  • wages are delayed by more than 15 days.

The main thing is that the citizen can somehow confirm the existence of certain situations. Absenteeism without a valid reason may indeed be punishable by law by dismissal. But isolated cases, as a rule, are not so dangerous for a subordinate.

Not valid reasons

Life is unpredictable. Therefore, deciding whether someone can be fired for absenteeism is not always easy. Often the correct answer will be given by the judiciary. After all, employers and subordinates are not always able to resolve such a controversial issue themselves.

Valid reasons for being absent from work for a long time have already been listed. Now we should pay attention to disrespectful cases. What do they include?

Today, the following circumstances are unexcusable reasons for absenteeism:

  • undergoing a medical examination without a sick leave;
  • time off for days worked in the absence of their official registration;
  • applying for parental leave if the issue of such a situation has not been resolved in advance;
  • husband/wife being in hospital.

It follows that even if the spouse needs help during his stay in the hospital, he will have to work and fulfill the terms of the employment contract. After all, absence from work in this situation will be a reason for terminating the employment relationship.

Disciplinary action

Accordingly, the most difficult decision is to determine whether the reason for absence from work is valid. Every citizen must report to his superior about his behavior. This is a legal practice.

If an employee misses a day of work, an explanatory note for absenteeism is written. The employer has the right to require such a document in writing. 2 days are provided for the report. If the subordinate has not written an explanatory note, the employer draws up a corresponding act.

In addition, the boss has the right to terminate relations with a negligent subordinate when the latter refuses to explain himself and does not provide evidence of a valid reason for absence from work. In this case, disciplinary action is applied no later than a month from the moment the truancy is discovered.

Can you be fired for absenteeism? As soon as the citizen has reported on his behavior, the employer must study all the documents brought to his attention, after which a decision is made on how respectful this or that situation is. A subordinate who disagrees with the outcome can go to court to appeal. If the employer decides to dismiss an employee, but the judicial authorities establish a valid reason for absence working day, the subordinate will have to be reinstated in his position. Similar situations are not uncommon. Therefore, every employer will have to think in advance about how to fire someone for absenteeism. It is important to carry out such an operation in compliance with all its features.

But disciplinary sanctions, as a rule, are calculated by the employer independently. It is important to take into account the previous behavior of each subordinate. So, for example, a conscientious employee can get off with a small fine or warning, while a careless subordinate can get away with high penalties.

Legal dismissal

Now a little about when exactly absenteeism will be considered as such. Valid and unexcused reasons for absence from work have already been presented. To make it easier for employers to navigate, it is necessary to pay attention to some specific cases.

How to fire for absenteeism? It is necessary that absence from the workplace be characterized by one of the following scenarios:

  • the citizen is not at work all day (regardless of the length of the shift);
  • the person is absent from the place of work for more than 4 hours in a row without good reason;
  • the employee has concluded an employment contract, but is absent for a long time (no notification of intentions to dismiss);
  • the subordinate does not work after filing an application for termination of employment with the employer (according to the law, work is required for 14 days);
  • unauthorized leave or use of time off.

All this is grounds for dismissal “under article”. Such circumstances cannot be appealed in court.

Procedure

Can you get fired for one absence? In practice, such a solution is extremely rare. After all, the boss will still have to follow the standard procedure for terminating the employment relationship with a subordinate.

How to properly fire someone for absenteeism? Need to:

  1. Establish the fact of the citizen’s absence from the workplace.
  2. Demand an explanation from a negligent subordinate. 2 days are given to clarify the situation.
  3. If the citizen refuses to provide an explanation, a special act is drawn up. It is signed by the authorities. Once the person has described the situation, it is necessary to establish to what extent the absence from work is excused.
  4. Based on the results of the decision, either the employer formalizes dismissal or applies disciplinary action and continues the employment relationship.

It should be noted that upon dismissal, the boss is obliged to make a full settlement with the citizen. More precisely, you will have to pay for the time worked by your subordinates. In addition, the employee is entitled to compensation for unused vacation.

Going to court

As already mentioned, every person who does not agree with dismissal for absenteeism can appeal this or that decision in court. Only the judicial authorities will say 100% what situations are considered valid for absence from work.

Arbitrage practice demonstrates that in Russia employers try to fire anyone for any absence from work. However, this step is not always legal. And “savvy” subordinates will always be able to be reinstated at their previous place of work.

There is no need to be afraid of litigation. The main thing is to provide evidence that missing a day of work had valid reasons. The court always examines all documents attached to the claim, on the basis of which it makes a decision.

Single violation

Can you get fired for one absence? The answer is not as simple as it seems. It all depends on the conscientiousness of the employee.

From the point of view of legislation, dismissal for one-time absenteeism does occur. In practice, it occurs only when either the boss does not treat the subordinate very well, or the staff performs poorly. Most often, a single absence entails disciplinary action, a warning and is limited to explanatory notice. This is the most common occurrence.

Results

Now the valid reasons for absenteeism are clear. In addition, it is now clear whether someone can be fired for being absent from work for a particular period of time.

Despite all of the above, the situation with absenteeism and termination of employment relationships still remains quite ambiguous. Each case must be considered individually. If it turns out that there is a valid reason for absenteeism, there is nothing to be afraid of.