Many employers go to any tricks to get rid of the so-called unnecessary people. At the same time, they forget that non-compliance with the dismissal procedure for the same absenteeism may entail legal proceedings and the reinstatement of the employee.
Indeed, one of the most common violations is truancy. Therefore, the administration of the enterprise is very important to know the features of the entire procedure.
Concept and types
The term absenteeism in the Labor Code of the Russian Federation is interpreted as an unreasonable absence from the workplace for 4 hours or more. It means situations when an employee did not come to the place of employment or left him without permission, without the consent of the management. The fact of absence is necessarily confirmed by eyewitness accounts drawn up in writing.
Types of truancy are divided into two categories:
- The main one, that is, when the employee is absent, but the employer can still contact him and knows why he did not come and when he will appear at the workplace. In such situations, the reason is usually valid.
- Prolonged absence. In such a situation, it is impossible to contact the employee, and he may not be at work for several days or even weeks. These are the most difficult cases of dismissal and punishment for absenteeism.
“Legal” truancy
Reasons for absenteeism can be respectful. You can’t fire a person if he provided medical care to another person, he himself applied for it. However, it is not necessary that force majeure circumstances or an emergency occur. In this case, even the ambulance crew’s call for an outsider and the expectation of doctors are equated to providing assistance. However, you should be safe and ask for a supporting document from doctors.
Absence from the workplace due to the need to participate in investigative measures, interrogations or legal proceedings cannot also be interpreted as absenteeism without good reason. As a rule, in such cases, the person has a subpoena or court order, which indicates the date, address and time of arrival. If he does not have such a document, then he needs to request a certificate that will confirm the reason for his absence from the workplace. For example, an employee can become a participant, a witness to an accident. Or he is detained until his identity is ascertained. The main thing is that the date and time in the certificate coincide with the period of absence from the workplace.
It can not be interpreted as absence from the workplace without good reason refusal from "free" work. Legislation clearly establishes the timing of the payment. If the employer delays payment for more than 15 days, then the employee has the right not to fulfill his duties, but under one condition. The employee is obliged to inform the employer of his decision by submitting an appropriate application. In this case, it will not be possible to accuse him of truancy. In this case, if the matter reaches the court, then the employee holding a copy of the application with a note on acceptance by the administration of the enterprise will be able to prove that refusal to work is a forced absenteeism.
You can not recognize truancy and the refusal to perform work in dangerous or harmful conditions, if it is not stipulated by the employment contract. An employee is not required to start work that clearly poses a threat to his life or health. The absence from work in this case by the court may be regarded as involuntary absenteeism.
When you can not dismiss for absenteeism?
It is impossible to fire a pregnant woman, even if she often does not consider it necessary to be at work. Other disciplinary measures may be imposed on it.
You can’t recognize absence from the workplace without good reason if the employee refused to leave the vacation ahead of schedule. The day of rest after the donation of blood or its components is not recognized as absenteeism, even if the employer refused to provide it.
Employer action
Prior to issuing an order to reprimand absenteeism, the employer must follow a certain procedure:
- Draw up an act of truancy. This step may be preceded by a memo of the direct supervisor of the truant, if the structure of the enterprise is large.
- Get an explanation from truant and establish the reasons. If an employee refuses to explain the reasons for absenteeism, especially in writing, then an act must be drawn up about this. The personnel department or the direct supervisor of the truant may engage in the clarification of the explanation, again, depending on the structure. If the procedure is entrusted to the head of the structural unit, then he draws up a memorandum addressed to senior management about the proposed disciplinary measures and the explanations received.
- The imposition of disciplinary action. This can be a sample reprimand order for absenteeism, a fine, or dismissal.
Act
To confirm the absence of an employee in the workplace, the employer must draw up an act. The form of such a document is not provided for by any regulatory act, therefore it is compiled in a free form. At the same time, the act of absence of an employee at the workplace is compulsorily drawn up and signed by members of a specially appointed commission. It should contain the following information:
- On the whereabouts of truant. If it was not possible to install it, then the activities that were carried out in order to find an employee are recorded.
- The exact date and time of absence of the employee at the workplace.
- Date of compilation of the document, which must coincide with the date of absenteeism.
With the text of the act, the employee should be familiarized with the signature. Although, if he refused, then it does not matter much when imposing a disciplinary sanction. The main thing is that members of the commission put an appropriate mark that the truant refused to put his signature.
A sample of this document looks like this:
"Act on the absence of an employee in the workplace"
Date and place of compilation
The time of drawing up the act ... hours ... minutes
Commission of:
... name of posts ... Full name
The following statement was drawn up:
... date ... position ... full name ... was absent at the workplace, from ... exact time ... until ... time, which totaled ... hours ... minutes ...
... Full name ... it was proposed to provide a written explanation to his immediate superior ... position ... Full name for 2 days.
Positions ... Name ... members of the commission
Familiarized with the act:
Position ... Name ... Signature
If the guilty person refused to sign the act, then an appropriate note should be made about this.
Claim for explanation
But, having drawn up the act, one should not rush into drawing up a model order for reprimanding absenteeism. A written explanation of the reasons for your absence must be required from an employee. First of all, the employee must be given the opportunity to make excuses. Maybe he had really good reasons for being absent or he needed time to collect exculpatory documents. The preparation of the document takes 2 days. If the employee has not submitted an explanatory note, then the corresponding act in free form is drawn up.
Memo
The line manager, if there was a truancy at the work of a subordinate, draws up a memo. The document displays the fact of absenteeism, the essence of the explanation of the subordinate himself and recommendations on disciplinary measures.
AO Director ...
Full name
(from) Head ... name of structural unit ...
Full name
"Note"
I bring to your attention that ... Full name ... position of employee ... date ... was absent from the workplace for ... hours, which is confirmed by an act dated ... date ... refused to provide written explanations.
But since this is an isolated case, and the length of service ... Name ... at the enterprise ... years ..., please limit myself to disciplinary action in the form of a reprimand.
Head of structural unit
Name ... Signature ... Date
Disciplinary action
For absenteeism in the Labor Code of the Russian Federation the following disciplinary measures are envisaged:
- warning;
- rebuke;
- dismissal.
The first two measures are a moral and ethical impact and are most often applied to employees who are highly qualified specialists and have committed misconduct once.
Many enterprises also apply material measures of influence, for example, deprivation of premiums. In fact, the employer is not always in a hurry to dismiss an employee.
Punishment without dismissal
So, we have already examined some samples. An order to reprimand absenteeism is issued on the basis of the explanations of the violator of labor discipline. Absolutely all employees can be held liable, regardless of position. It should be remembered that for one violation you can impose only one penalty. There is no standardized form for the order, but in practice certain requirements have already been formed for this type of local document.
Sample order "Reprimand for absenteeism"
Name and legal form
Order No.
Date and place of compilation
On disciplinary action
Due to the absence at work ... position ... Name ... for ... hours ... date ...
I ORDER:
- ... date ... considered absenteeism ... position ... Full name.
- Impose a disciplinary sanction on ... a position ... Full name ... in the form of a reprimand.
- To familiarize with this order ... position ... Name under signature.
- Control the execution of the order to assign to ... position ... Name.
Reasons:
- The official note of the head of the structural unit ... Full name.
- Explanatory note of the violator of labor discipline.
- Or the act of refusal to provide an explanatory note.
- Act of absenteeism from ... date.
Head of the enterprise ... signature ... Full name
Familiarized with the order:
... position ... signature ... Full name
The order must contain the administrative part with the following information:
- description of violation;
- absenteeism time;
- a full description of the date and time when there was absenteeism;
- the reasons for this behavior, if they were clarified by the employee;
- documents that formed the basis for drawing up the order.
The order to familiarize the violator is necessary within 2 days from the date of its preparation. At the request of the employee, a copy of the order is issued to his hands.
Collection period
As a general rule, the duration of a disciplinary sanction is 1 year from the date that starts from the date of issuance of the relevant order. In the event that during this period the employee did not commit another violation and was not charged with a new disciplinary sanction, it is automatically removed. Removing a penalty in this case does not require the issuance of an additional order.
When an employee has committed a new violation, followed by a disciplinary action, the validity period will already be calculated from the moment the final order was issued.
What to do with malicious violators?
There are two extreme measures that an employer can apply to a violator:
- deprivation of premium, that is, material impact;
- dismissal.
Naturally, the last measure is the most severe, and in certain circumstances it can take place.