Dismissal for absenteeism

Compliance with labor discipline rules - pledgesuccessful work of the organization, therefore, it is absolutely fair that the employer's attitude towards arbitrary abandonment of the workplace, delays and other violations is sharply negative.

Walking - This is the absence of an employee of the organization at hisworkplace for four or more hours in a row in the absence of a valid reason. A walk, documented and according to all rules, entails dismissal. The record that the employee was dismissed for absenteeism is entered in the work record book, and this record often adversely affects the success in finding a new job. Legal dismissal for absenteeism is recognized in the following cases:

1. The employee did not appear in the workplace without any valid reason during the work shift, and its duration is not taken into account.
2. The employee (also regardless of the length of the period that the employee must work) was not in the workplace.
3. The employee, without warning the employer, left the workplace by himself.
4. Dismissal for absenteeism may take place if the employee has not agreed with the employer the use of days off time or has voluntarily gone on vacation (basic or additional).

However, there are situations where the absence ofworkplace is not considered a reason for dismissal. For example, the situation when the employer refused to provide days of rest, days off (but was obliged to do so), and the employee still did not go to work, is not considered a walk. Also, you can not dismiss a person who was transferred to another job without his consent, and he did not appear there for medical reasons. Illegal dismissal for absenteeism, if the employee is required to perform something that is not part of his responsibilities, and in this regard, he did not go to work. Refusal to attend or participate in any public event is also not a reason for dismissal.

The procedure for dismissal for absenteeism requiresbe sure to document the absence of an employee at work. This is done by drafting an act that witnesses must sign. Usually two or three eyewitnesses are enough. If the absent employee is subordinate to the head of the department, the site, the master - then the immediate supervisor can draw up a memorandum to the head of the firm. The text of such a note should contain a message stating 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, interviewing relatives, service check, etc.). After registration of the 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 measuresdisciplinary punishment, so it must be carried out in accordance with Article 193 of the Labor Code of Russia. As soon as the employee comes to work, you need to ask him to explain in writing what became the reason for not going 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 an order for dismissal - in the form of T-8. The order must be issued no later than one month after drawing up the act on refusal to give explanations or after recognizing the reason for the absence of disrespect. The dismissed employee must sign the order within three days of publication. It happens that the employee refuses to sign such an order. Then it is necessary to send the order by mail with a letter with the notification of delivery at the place of residence of the employee. The order of dismissal for absenteeism involves the introduction of an appropriate entry in the work book.