How to fire for absenteeism: step by step guide
His Work Educational Program / / December 19, 2019
Terminate the employment contract with the employee canArticle 81 of the LC RFIf the order without good reason has not been at work all day or shift. Enough even four hours of absence in a row.
But it should be done properly, so that the employee was not able to challenge the dismissal in court.
1. Secure the absence of the employee
To subsequently no one had any doubt that absenteeism is necessary to issue the document. Make the act. In it fix the day and the absence of the employee as well as the date of the document. It is important that the date coincided. Act signed retroactively, cause doubts judgesWhen slacker decides to challenge the dismissal.
It is essential that the document was signed by three people who can confirm that the employee does not come to work - for example, working with him in the same office. If the absence lasts for several days, the act need to be on a daily basis.
It is important to familiarize truant with the contents of the act under the signature, when he will appear.
act on the absence β Sample
2. Wait for an explanation from the truant
The law does not accidentally eat the wording about the good reasons. Therefore it is important to know because of what the employee does not come to work. Perhaps he got to the emergency surgery and has not departed from the anesthesia, so do not get in touch. Writing the explanatory memorandum the employee has twoArticle 193 of the Labor Code days from the date when it demanded.
Precise list of valid reasons for absence in no law. If there was, it could look something like this:
- Temporary disability, confirmed by the hospital.
- Detention, administrative arrest.
- Force majeure situations, eg road accident or utility failure, confirmed by documents.
- Participation in a strikeThe Labor Code, article 414.
- donationThe Labor Code, article 186 blood and its components.
- executionThe Labor Code, article 170 public or public duties, such as participation in the proceedings as a juror, witness, or military training.
- Delay salary by more than 15 daysThe Labor Code, article 142If the employee has notified the employer of the absence in writing.
If an employee refuses to give explanations, it is also necessary to fix in the act signed by three witnesses.
It happens that the worker disappears and contact with him is impossible or through relatives or by phone or carrier pigeon. The reason for the lack of remains unknown. In this case, the official investigation is conducted. Order of head creates a commission that will find out all the circumstances and fix them in the relevant act.
Do not approach the issue of negligent: try to contact with the employee and prepares documents carefully.
Otherwise, the court proceedings in the case can stand on the side of the offender, even though he is clearly guilty. It is the employer mustResolution of the Plenum of the Supreme Court of 17.03.2004 number 2 (ed. from 24.11.2015) "On application by the courts of the Russian Federation Labor Code of the Russian Federation" prove the truancy.
If an employee does not get in touch, it does not take the phone, you can send him a request to explain the registered letter with acknowledgment of receipt. So you get one more proof to the court case, which made every effort to clarify the situation.
Sample order on the establishment of a service commission β
A sample of the act of the official investigation β
3. dismiss the offender
If valid reasons for absence from work was not, you can choose any kind of disciplinary sanctions: reprimand or remark sacking. Lead sentence in the action must be within a monthThe Labor Code, article 193 from the date of the offense or within six months from the date of its discovery. The term will be considered from the moment when you made it clear that it is absenteeism.
If the decision to part with the employee, to issue the order for dismissal. In the line of "Reason" must list all of the documents you have received: acts, explanations and so on.
Sample order β
The need to familiarize the employee with the content of an order under the signature for three days. If quitter refuses to sign, you have all the same effective option - drawing up an act with the participation of three witnesses. The last working day before the day the employee is considered absenteeism.
In the workbook record of dismissal would look like this:
The employment contract terminated by the employer due to absenteeism, subparagraph "a" of paragraph 6 of Part 1 of Article 81 of the Labor Code of the Russian Federation.
If the employee continues to ignore you, send him a notice with a request to pick up the work book or in writing to let you forward it by mail. Before people will react, keep the document at home.
see alsoπΌππ
- What you need to know about probation, to defend their rights
- Can dismiss for delay
- Unfair dismissal: how to take revenge on his former
- How to pay for a hired employee and how to reduce these costs
- Why the employee an employment contract and that it should be