Compliance with the rules of labor discipline is the key to the successful work of the organization, therefore the employer’s sharply negative attitude to the arbitrary leaving of the workplace, lateness and other violations is absolutely fair.
Absenteeism is the absence of an organization employee at his workplace for four or more consecutive hours in the absence of a valid reason. Absenteeism, documented and in accordance with all the rules, entails the dismissal. The record that the employee was fired precisely for absenteeism is recorded in the work book, and this record often negatively affects success in finding a new job. Dismissal for absenteeism is recognized as legal in the following cases:
- The employee did not appear at the workplace without any good reason during the shift, and its duration is not taken into account.
- The employee (also regardless of the length of the period that the employee should work) was not at the workplace.
- The employee, without warning the employer, left the workplace without permission.
- Dismissal for absenteeism can take place if the employee has not agreed with the employer on the use of days off or voluntarily went on vacation (primary or secondary).
However, there are situations where absence from work is not considered a reason for dismissal. For example, a situation where the employer refused to provide rest days, days off (but was obliged to do this), and the employee still did not go to work, is not considered absenteeism. It is also impossible to fire a person who, without his consent, was transferred to another job, and he did not appear there for medical reasons. Dismissal for absenteeism is considered unlawful if the employee is required to do something that is not part of his duties, and therefore he did not go to work. Refusal to attend or participate in any social event is also not a reason for dismissal.
The procedure for dismissal for absenteeism requires you to document the absence of an employee at work. This is done by drawing up an act that witnesses must sign. Usually two or three eyewitnesses are enough. If the absent employee submits to the head of the department, section, master, then the immediate supervisor can draw up a memo to the head of the company. The text of such a note should contain a message that the subordinate did not go to work and a list of measures that were taken to find him (these are phone calls, conversations with neighbors, a survey of relatives, an official check, etc.). After drawing up an act of absenteeism or a memorandum, the head of the organization must send a written notice describing the situation to the address where the employee lives - the possibility of dismissal.
Dismissal for absenteeism is one of the disciplinary measures, therefore it must be carried out in accordance with article 193 of the Labor Code of Russia. As soon as the employee arrives at work, you need to ask him to explain in writing what caused the failure to go to work. If the employee ignores the requirement to explain the reason for absenteeism during two working days, then with two or three witnesses an act of refusal of explanations is again drawn up, and the head issues a dismissal order - in the form of T-8. The order must be issued no later than one month after drawing up the act of refusal to give explanations or after recognizing the reason for the absence as disrespectful. The dismissed employee must sign the order within three days from the date of publication. It happens that an employee refuses to sign such an order. Then it is necessary to send the order by mail with a notification of delivery at the place of residence of the employee. The procedure for dismissal for truancy involves making an appropriate entry in the work book.