85% of people are forced to go to work every day: go to the office, go to the factory, factory, etc. The remaining 15% are either very wealthy people, or are on long-term holidays (maternity, care, etc.), or simply workers on the "udalenka".
Accordingly, for the majority of the population the question sometimes arises: what will happen if, due to some circumstances, one does not enter the service? In practice, all the reasons for absenteeism can be divided into two large groups: respectful and not being such. The article will examine in more detail the factors related to the first type.
General view
Probably, each of us was at least once late or did not come to work at all during the whole working day. The reasons are quite diverse: I overslept, fell ill, did not wake up, left urgently in another city, locked up houses, etc. One way or another, and the specific “guilty” factor will still have to be indicated in the explanatory note to the management. Therefore, let's understand in more detail.
What could be the reasons for absenteeism? In what cases can an employer give you absenteeism and how is it different from being late?
If you are absent for more than four consecutive hours during the whole working day without a good reason, according to the Labor Code of the Russian Federation, the employer can record absenteeism. At the same time, lunch time during this period does not count.
If the time of your absence is less than four hours, then this will be a delay.
In practice, it happens that for an employee the reason for being absent from work seems worthy of attention, but for the employer, on the contrary, it is not valid. Where is this line? That is why two large groups of reasons for absenteeism should be distinguished: respectful and not very.
This is very important to know. Especially if you are thinking about how to skip work without consequences.
Legislative consolidation
To date, in the Labor Code of the Russian Federation you will not find a clear list of valid and disrespectful reasons for absenteeism.
The issue of assigning a factor to one or another list should be decided by the employer himself, evaluating the employee’s behavior before the misconduct, as well as relevant provisions from judicial practice.
The Labor Code of the Russian Federation has certain provisions that mention some noteworthy reasons for not being at work. These include:
- Art. 142 - due to delayed pay for more than 15 days;
- Art. 170 - due to the performance of state or public duties;
- Art. 186 - blood / component donation: the days off are the day of examination, the day of taking the biomaterial + additionally the next day;
- Art. 414 - strike.
Numerous other reasons are not mentioned by the legislator.
In any case, the manager must request an explanation from the employee before disciplinary action is taken. Absenteeism without a valid reason can really entail the most severe punishment - dismissal for absenteeism. In other cases, if the reason deserves attention, and the boss considered it “petty” and issued an order to terminate the employment contract on his own initiative, you can and should protect your rights. The law allows workers to apply to the labor dispute resolution committee (usually created at large enterprises), the labor inspectorate, and the court.
Disrespectful motives
First of all, we denote the reasons for absenteeism that are not worthy of attention, so as not to dwell on them later.
So, the most common causes of absence from work, which, according to employers, are gross violations, can be identified as follows:
- overslept / did not wake up;
- forgot;
- did not have time, because he decided personal matters;
- locked the houses outside;
- care for a sick relative in a hospital, if this is not necessary;
- failure to provide sick leave;
- celebrated his birthday yesterday, today his head hurts;
- treatment of "mental" wounds, etc.
Such reasons and explanations look as if a small, non-self-organized and unorganized child writes about them, and not an adult, so management often does not pay attention to such unsubscribes and is skeptical about them.
After all, an adult is able to predict: set an alarm earlier, to be on time, set a reminder, solve your personal affairs in your free time or at work, but with the permission of the management.
A separate issue is always the topic of traffic jams. If you know that at this time there are always a lot of cars in a particular area, you need to leave early in order to get to work. If an accident happened, so much so that you have stood on the road for almost half a day in a hopeless situation, or you have suffered in an accident, you should immediately warn the management. This will be force majeure, to which the employer usually reacts loyally.
Good reasons
If you attribute your reason for being late or absenteeism to this group, this does not mean at all that the employer will perceive it the same way.
There is no list of valid reasons for not appearing to work in the law; they are classified as such based on the established practice of courts and state bodies.
First of all, of course, the law enforcement activities of judges had a special impact on this list.
So, examples of reasons for not appearing for work for noteworthy circumstances can be divided into two groups:
1. Personal:
- illness / injury, including a child, another family member;
- passing a physical examination;
- participation in the trial (under the agenda as a plaintiff, defendant, witness, etc.);
- delayed pay for more than fifteen days.
2. Force Majeure:
- Accident;
- housing and communal services accidents;
- fires, floods, military operations, etc .;
- vehicle breakdown;
- flight delay, lack of tickets;
- detention, detention.
Is it always worth presenting evidence to justify it if the reasons for absenteeism are valid? You may not have to show it, it all depends on the relationship with the leadership and the specific situation, but it’s still worth taking a certificate or other supporting document just in case. You will need it in case of a dispute and, possibly, for the further protection of your rights.
If the employee is registered in accordance with the GPA
It is one thing when an employee is enlisted in the state and an employment contract is concluded with him. It is immediately clear that relations are regulated by the norms of the Labor Code of the Russian Federation. From this it follows that the worker must comply with internal regulations, discipline, that is, must be present at the workplace at a certain time (for example, from 9 to 18), a disciplinary sanction can be applied for violation.
It’s a completely different matter if the employee is registered under a civil law contract (GPA). Such employees are not equated with full-time employees; relations with them are regulated by the provisions of the Civil Code of the Russian Federation. The parties to such an agreement are the “customer” and “contractor”. The latter do not have a clear work schedule, labor discipline, superiors, a specific workplace and other attributes. Accordingly, it is impossible for them to put absenteeism, to apply disciplinary measures. Consequently, the topic of respectful reasons for absenteeism is irrelevant for this category of workers.
Illness, injury, physical examination
On the one hand, it seems that everything is simple. Ill - took sick leave - reported to the employer. Absenteeism leader is not entitled to deliver.
But there are situations when an employee does not start a sick leave certificate in order to save salaries. How to confirm the validity of reasons for absenteeism? In this case, at least a certificate from the doctor should be submitted, in which the date of admission will be indicated.
If a child falls ill, then it is necessary to take a sick leave to care for him.
To confirm the fact of being at a physical examination, you need to submit a certificate from a doctor.
In the same group can be attributed urgent hospitalization of a relative, if he needs emergency care.
The time required for mandatory medical examinations cannot be considered absenteeism or being late for work. The Labor Code of the Russian Federation contains a clear provision that the time for passing such examinations is included in the working.
Accident
Such an incident is considered a good reason for absenteeism. It doesn’t matter if you are the culprit of the accident or not.
If this happens, then at the first opportunity, you should call the employer and report this fact.
If this is an accident, it is imperative to record the event: issue a certificate in the traffic police or fill out a Euro protocol, shoot a video, take a photo.
Subsequently, if you have questions from the employer, you may well be able to justify yourself with the help of these documents.
This group also includes traffic jams due to traffic accidents between other participants. To confirm this circumstance, you can provide a certificate from the traffic police.
Weather conditions, accidents
The first group includes floods, hurricanes, mudflows, landslides, tsunamis, fires, heavy snowfalls and other natural disasters.
Accidents, in addition to accidents, include:
1. Housing and utility breakdowns:
- broke through a pipe, a battery;
- neighbors flooded or you flooded another dwelling;
- stuck in a broken elevator;
- fire;
- gas leak;
- circuit wiring, etc.
2. Accidents and hitches in transport:
- the bus broke down and there is no way to transfer to another;
- snow covered and uncleared road;
- delay or cancellation of the flight, due to which it is impossible to return from a business trip on time, get to work, etc.
These reasons are objective, but at the same time, the loyalty of the employer cannot be neglected, that is, after eliminating this factor, it is not necessary to take time and not appear at work, justifying it with a continuing accident. Eliminated the causes of the disaster, notify the immediate management about it. If you need extra time to eliminate the consequences, then ask for it. Upon arrival, if possible, do not forget to report to management in writing.
Participation in government processes
This includes not only judicial proceedings, but also investigative actions, calls to controlling and supervisory authorities.
So, a person cannot be fired for truancy if he:
- took part in the hearing as a plaintiff, defendant, witness, victim, jury, third party, etc .;
- was involved in an investigative experiment, as a witness during a search, detention and other actions;
- He was called to give explanations to the tax, traffic police, labor inspectorate, military registration and enlistment office and other instances.
As a confirmation to the employer, a summons or any other official document on staying at a specific time in government agencies can be presented.
Absentee statement
Sometimes, good reasons for absenteeism are known in advance to the employee, in connection with which he writes in advance a corresponding application addressed to the boss.
This group of factors includes:
- upcoming wedding;
- parent meetings
- death, birth;
- poor overall health;
- other events.
If you take the wedding or the fact of the death of a relative, the birth of a child (the birth itself is not meant here), then usually a statement is written about giving time off at your own expense. The employer must provide such leave up to five calendar days.
In life, such situations often occur that you need to take time off not for the whole working day, but only for a few hours, for example, in connection with the child's morning party in the kindergarten. In such cases, it is necessary to write a statement to management in advance, endorse it and return to work by a strictly defined time. The question of paying this time is at the discretion of the employer.
A good reason for the absence from work, according to the Labor Code of the Russian Federation, is also the fact of work on a holiday / day off, overtime work. At the same time, the manager needs to inform in advance in writing about the day off that you are going to take instead of the worked days so that there will be no misunderstanding in the future. In this case, it will be impossible to dismiss for absenteeism, the reasons for this are inappropriate.
So, we examined the most basic reasons for being absent from work. Depending on the specific circumstances, various options may occur. Not necessarily they will be the same as described in the article. But in general, it is necessary to adhere to such an algorithm of actions, if the reason for the absence is not planned, arose suddenly:
- Inform your supervisor about this in an accessible way (by phone, via instant messengers, via Skype, by email, etc.).
- If the forced time off is long, you also need to notify the authorities about this so that your affairs will be transferred to other employees.
- Upon arrival at work, write an explanatory note (if required by the boss) or an application for a day off at your own expense if you were absent full time.
If the reasons for absenteeism are known to you in advance, then the authorities must be notified in advance.
If you have good reasons for skipping work, and the boss doesn’t even want to listen to you and dismisses you, then the only sure way is to protect your rights in court.