Hello! This article talks about the reasons for absenteeism.

Today you will learn:

1. Disrespectful and valid circumstances of absence from work;
2. about absence from production;
3. What penalties apply for unlawful absenteeism and is it possible to impose a penalty for failure to appear for a good reason.

Truancy concept

In simple terms, absenteeism - this is the absence of a person in his place labor activity for some time, with or without reason. According to the Labor Code of the Russian Federation, the term absenteeism is defined as absence from work for more than 4 hours for an unexcused reason and less than 4 hours for a valid reason.

According to this terminology, absence from work can be divided into two types:

1. Without a reason, which may later result in dismissal. But in some cases, management may take other measures to punish their worker.
2. For any reason, that is, absence is justified.

According to labor law, an employee can seek help from the court if the employer neglected a valid reason and decided to resort to.

• For how long did the absence occur, that is? work time or time reserved for rest;
• How long does the absence last?
• How many times during a shift or during a working day a person was absent from performing a production task.

In practice, absenteeism at work is bad, but before you get fired, you need to know basic concepts labor legislation.

Absenteeism is classified as a violation production process, which may result in losses and damage to the organization.

Unexcused reasons for absenteeism

The concept of a disrespectful reason is not defined by the Labor Code of the Russian Federation. It follows from this that the employer himself has the right to assess the legality and importance of absenteeism or absence from work for some time.

The absence of a list of unexcused reasons does not give the employer the right to regard each absence as unauthorized absence. He must take this determination with full responsibility, otherwise the precedent will be considered in court.

As a rule, the court proceeds from legal and disciplinary responsibility, that is, the entire proportionality and legality of the case is taken into account. In this case, the entire galaxy of reasons and motives for the employee’s absence from his place is subject to verification. And if a valid reason for absenteeism is identified, the employer will be punished in this case.

When identifying factors that precede an employee’s failure to appear, the employer must apply a punishment commensurate with the employee’s misconduct, and also take into account previously identified disciplinary measures.

What is a valid reason for absenteeism?

There come times when you cannot be present at your workplace. And in some cases, you don’t try to warn your boss about this. This may cause disagreements between you and management. Therefore, it is better to worry about this in advance and notify about deliberate absence.
What could be the reasons for such a no-show:

Circumstance of non-appearance	Characteristic
	Reasons why it is impossible to get to work. It can be a strong storm, in which case there is a traffic jam, a blizzard. Very coldy are also an obstacle to coming to workplace. As a result, traffic jams and poor visibility occur. For such reasons, you do not have the right to fire if this is stated in advance in the explanatory note.
Late return from vacation	An employee may not return from vacation on time if this is accompanied by weather conditions. The boss must consider such a reason as valid.
Administrative arrest	If an employee is arrested or detained as a witness or accused, this is not a reason for recording absenteeism on the work time sheet.
Malfunction public transport	If you have to get to work by public transport, but a breakdown occurs during the journey, this is regarded as a valid reason.
Leaving work	To care for a sick member of your family, to undergo medical examination or taking tests. In this case, you need to support your care with a certificate from a doctor or a certificate of incapacity for work.
There was an accident at your house	If a plumber or other specialist comes to you to eliminate an accident and your presence is required. But in this case, if you yourself called such an employee to stay at home, then this is not a valid reason
Road accidents while traveling to work	These could be accidents while driving your own car or public transport
Self-exclusion for health reasons	If things get bad at the workplace, the employee can go to the doctor, evidence of which is a discharge or outpatient card with records of a doctor’s visit, as well as a referral to a doctor
Late payment of wages for more than 15 days	A long delay in salary may be the reason for non-attendance at the workplace, but it must be documented in writing, which is regulated by Art. 142 TK
	If at the end of the training session the employee for some reason was unable to show up for work on time, but this will be explained, then these are valid reasons

In any case, you must inform the director in advance of the reason for your late arrival to work. This can be put in writing upon arrival at work, calling mobile phone boss or any other managerial specialist.

According to the above circumstances of absence from work, it can be argued that some of them are beyond the control of the employee and may occur unexpectedly. But still, each of them must be considered independently, taking into account all the nuances of its occurrence.

Another group of factors confirming excused absence during a work shift are force majeure circumstances:

1. Malfunction of the building elevator.
2. Flood, fire, robbery.
3. The sudden onset of an epidemic in the employee’s area of ​​residence and the need for quarantine.
4. Delays of regular transport during vacations, business trips and travel to work.
5. If there are no tickets for the next flight.

Such obstacles to getting a job must be supported by a written explanatory statement indicating the reason. If there is other evidence of the occurrence of a force majeure situation, then they should be attached to it.

There are times when the occurrence of a circumstance is known in advance:

• Severe illness of a relative that ends in death;
• A relative has a child;
• Birthday party;
• Going to a wedding.

Usually such reasons are known, so it will not be difficult to write an explanatory note. ahead of the attack the very reason for the absence. As a rule, such reasons for absence are also accompanied by several unpaid days off, which do not exceed 5 days, as prescribed in Labor Code Art. 128.

Additional days off that occurred with the permission of the manager do not equate to absenteeism.

Registration of an explanatory note

Not every employee knows how to correctly draw up an explanatory note and how to indicate in it the reason for absence from work. It is the correctly formulated reason that is the legal basis for your absence and will protect you from unlawful dismissal.

A written explanation for failure to appear is a document drawn up by the truant in his own hand in any form, but maintaining a business style.

Document writing scheme:

1. In the upper part, in the right corner, write the full or abbreviated name of the organization, the full name of the manager, to whom the employee addresses with explanations.
2. The title of the document is indicated in the center of the sheet. In many organizations, this is an explanatory note about absence from work.
3. Below is a description of the circumstances of absence from work, which is presented arbitrarily.
4. Below is the autograph of the truant and the date of compilation.
5. It is necessary to list the documents confirming the fact of absence, if any, and attach them to the note.

All attributes of the note must be written correctly, without distorting the facts. Must be present business style writing. All facts and reasons are presented directly, without emotional cues.

There are moments that have a dual nature and can be regarded by the employee on the one hand, and by the employer on the other. For example, if an employee was absent from the workplace for more than 4 hours, but was present in another workshop of the enterprise, this is not absenteeism. If the time away from production was exactly 4 hours and not a minute more, this is not absenteeism. If, for some reason, the employee was unable to notify the boss of a valid reason, but there is a reason for this documentary confirmation- this is not a truancy.

The occurrence of such moments should be fully reflected in the note. After drawing up the explanatory note, it must be endorsed in the incoming correspondence journal by the secretary and submitted to the manager for signing.

The deadline for drawing up the document has been established, which is two days from the moment of absenteeism.

Punishment for absenteeism without a good reason

If an employee actually has an unexcused reason for absence, then the employer has the right to hold him accountable, in some cases this ends in dismissal.

Absenteeism is a reason for terminating the labor relationship between an employee and his boss, which will ultimately lead to termination.

On the fact of illegal absence from work, a report is drawn up. It can be written by the manager structural unit, under whose subordination is the truant.

Such an act must be drawn up at the time of absence and contain:

1. Date of compilation.
2. Full name and position of the person preparing the document.
3. Reason for compilation.
4. Full name of the employee who was absent from work.
5. Length of absence.
6. Signature of the director of the company.

If possible, a written explanation must be taken from the absentee employee indicating the reasons for his absence. If it turns out that the absence is illegal, the director writes an order for disciplinary punishment and then dismissal.

An order is drawn up according to, which contains all the necessary points of a regular order, with the exception of a description of the essence of the order. It specifies the reason for dismissal. The dismissed employee must be familiar with the order for absenteeism and can appeal it to local authorities by work.

Another measure may be a reprimand for absenteeism. This is at the discretion of management. The mildest measure is an oral reprimand from the boss. However, sometimes it is in writing, after which a reprimand order is issued.

At some enterprises, a series of several reprimands ends in dismissal. The reprimand has its own validity period, and it is equal to 12 months, after which it is removed from the employee. This may come earlier, but it all depends on the will of the director. A person who has committed truancy is informed of the order within three days.

Is it legal to punish absenteeism for a good reason?

If a person does not show up at work for any reason and does not answer the phone, then this is not a reason to consider his absence as absenteeism, until all the circumstances are clarified. Punishment is imposed if the reasons are classified as disrespectful.

According to the Labor Code, the employee is not obliged to report to his superiors in advance about forced absence, but after which he must give a written explanation. If, after the next appearance at work, it turns out that the circumstances are of an important nature and are due to non-appearance, then the boss should not subject his subordinate disciplinary measures. Otherwise, this may be appealed in court.

Valid reasons for absence from workare not clearly defined by law. Therefore, the question posed in the title of the article is asked by every working person at least once in his life. Let's try to find the answer.

What is truancy

You cannot come to work without good reason. Every employee knows this. Absenteeism from work is fraught with: at a minimum, an explanation with your superiors, and at maximum, dismissal for absenteeism “under the article.” Absenteeism, the Labor Code of the Russian Federation tells us (Article 81, Part 1, Clause 6, Sub. “a”), is an absence from the workplace without good reason for more than 4 hours in a row. Moreover, if your employment contract does not stipulate a specific workplace, then it is impossible to assume that you are absent from work, being not where you usually work, but on the territory of the organization.

Dismissal for absenteeism must be preceded by a written explanation from the employee. If the employer considers the reasons for absence from work that the employee provides to be disrespectful, he may fire him. If the latter does not agree with such dismissal, he can go to court. The court will decide whether the reasons for absence from work were valid or not. This means whether there was absenteeism on the part of the employee or not.

The catch is that the law does not contain a clear list of valid reasons for absence from work. Analysis of labor legislation allows us to identify several groups of such reasons.

Subjective good reasons

Subjective reasons are inextricably linked with the personality of the employee.

First of all, it is a disease. In this case, evidence of justified absence from work will be:

• a doctor's certificate confirming the visit;
• entry to outpatient card about admission;
• sick leave.

Periodic medical examinations of certain categories of workers (Article 213 of the Labor Code of the Russian Federation) are a valid reason. A valid reason is the child’s illness. Here everything is exactly the same as with an adult’s illness, only the sick leave will be issued not in an adult, but in a children’s clinic.

An employee cannot be fired for absence from work in connection with participation in court hearing as a plaintiff, juror, witness, victim, defendant in a case. The same applies to failure to appear for work due to being in the investigative authorities in order to participate in investigative actions. The supporting document in this case is a subpoena to the court or to the investigator (interrogator). Calls to the police and work as a member of the election commission also fall into this category of valid reasons.

Absence from work in connection with the elimination of any utility accident at the employee’s place of residence is justified. However, scheduled inspections of housing and communal services organizations are not a sufficient reason for absenteeism.

Objective good reasons

Objective reasons that make it impossible to appear at work are circumstances of various force majeure. These could be weather conditions, road emergencies, man-made accidents or catastrophes, and military operations.

If the employer in these cases does not agree that the absence from work occurred due to circumstances beyond the employee’s control, and the matter comes to dismissal, then, as an analysis of judicial practice in such cases shows, the case for reinstatement at work will most likely be considered in benefit of the employee.

The main thing is not to delay going to court. Labor legislation allows a month to file a claim for reinstatement at work (Article 392 of the Labor Code of the Russian Federation).

Valid reasons for the application

There are a number of circumstances under which an employee has the right not to show up for work. But the employer must be warned about this. Therefore, the employee must write an application to be granted days off.

In accordance with Article 128 of the Labor Code of the Russian Federation, at the request of an employee, the employer is obliged to provide up to 5 unpaid days in the event of the death of a loved one, the birth of a child, or a wedding.

You will learn:

• What does the concept of “truancy” include and what are the measures to prevent losses from absenteeism
• How to correctly record an employee’s absence from work
• What measures can an employer take in relation to a truant worker?

In any organization, it happens that employees do not go to work. Sometimes, even if there are good reasons (for example, illness), the employee not only does not report his absence to the employer, but also does not confirm his absence from work with supporting documents. In this case, failure to appear is considered absenteeism.

But there are situations in which it is difficult to understand immediately: for a good reason, the employee stopped going to work or not, in which situations he can be fired, and in which - absolutely not. Often, a situation that is clear at first glance turns out to be far from being so simple upon further examination.

How to correctly assess the situation? What documents should be completed and within what time frame? How to prevent violations of labor laws? We will consider these and other questions in this article.

MEASURES TO PREVENT LOSSES FROM ABSENTANCE

The absence of an employee from work, even for a short time, disrupts the work process. To minimize damage, the organization must take a number of measures:

• The internal labor regulations must contain a clause obliging the employee to warn his immediate supervisor in advance about the inability to go to work, the reasons for absence and the expected period of absence. Fulfillment by the employee of the relevant obligations will help the manager make timely decisions on the distribution of the responsibilities of the absent employee among his colleagues;
• The head of a structural unit must have a list of employees whom he can entrust to perform the functions of an absent employee. The employees themselves, in turn, must be aware of the colleague’s affairs, which they will need to carry out in the event of his absence (not only unexpected, but also planned (for example, during a vacation or business trip));
• the manager must have specific instructions regulating his actions in the event of an employee’s absence without warning (example 1).

The instructions are of an auxiliary nature; they do not have to be issued on the organization’s letterhead and certified by the signature of the manager. The main condition is that they must contain specific algorithm actions.

Example 1

Memo to the head of the department on actions in case of employee absence

1. Call the employee at all telephone numbers known to you (home, mobile, etc.) and find out the reason and possible deadline his absence.
2. Ask your subordinates whether the employee talked about possible absence At work. If one of the employees is aware of the reasons for a colleague’s absence, ask them to state them in a memo addressed to the head of the organization.
3. Draw up a report on the absence of the employee, the measures taken to find him and their results.
4. Take all documents to the HR department and receive instructions there on further actions regarding the absent employee.

Specify in the documents as clearly as possible the employee’s workplace (workshop, machine, office number. If you have a chain of stores and regularly rotate staff, such specificity, on the one hand, will complicate the work of personnel services, increasing the document flow, and on the other hand, will protect the interests of the employer.

A workplace is a place where an employee must be or arrive in connection with his work and which is directly or indirectly under the control of the employer. According to Part 4 of Art. 57 of the Labor Code of the Russian Federation, the condition of the employment contract about the workplace is an optional (that is, optional) clarification of the condition about the place of work. We recommend (if necessary) that the employee be assigned to a workplace not by an employment contract (in order to avoid subsequent problems with changing this condition of the employment contract), but by a unilateral document (an order for the organization, an order for the division, a notification, etc.).

When registering an employee - part-time worker focus his attention on the fact that part-time work (as opposed to freelancing) is being done regularly, he is entitled to leave, as at his main place of work, but it is prohibited to go on it without permission. As practice shows, many workers perceive part-time work as additional income if they have free time, not realizing that a second job is same obligations, as when performing the main one.

THE EMPLOYEE DIDN'T GO TO WORK: WE FIX A NO-SEE

On the first day of an employee’s absence from work, we cannot be sure that he is absent (or even absent) and not sick.

A clear record of absence will help if the fact of absenteeism is confirmed over time, and will not hurt if the employee brings a certificate of incapacity for work. The failure to appear report must be drawn up in the presence of two witnesses. It is better if employees from related departments act in their capacity - if an employee challenges his dismissal in court, he will not be able to refer to the alleged pressure exerted on witnesses by the manager.

The Labor Code of the Russian Federation does not oblige the employer to immediately begin an active search. But if the missing employee is a responsible person, lives alone, and his phone does not answer, we recommend going to his home - perhaps the employee needs urgent help.

For example, dentist N. did not come to work on time. None of the colleagues heard the doctor planning to leave urgently or complaining about feeling unwell. The head of the department called him throughout the day, but the phone was silent. Concerned about N.'s absence, she went to his house. Nobody opened the door. When the local police officer was called and opened the apartment, it turned out that the 45-year-old man was dead (as it turned out, due to a stroke).

If an employee does not show up for work, the letter code “NN” or the number 30 is entered in the time sheet (failure to appear for unknown reasons (until the circumstances are clarified)). If the timesheet is maintained:

If the organization is large, with a complex structure, for uniformity of document flow, the procedure for recording working time in the absence of an employee should be clearly stated in the local regulatory act.

If you are not sure that the employee is sick, for the first week it makes sense to draw up reports of his absence every day; in the future, you can limit yourself to a report of the employee’s absence during the week, drawn up on Fridays. This issue is not regulated by law, so you need to be guided common sense and judicial practice.

The legislation also does not establish a fixed list of documents that mandatory must be issued when walking. In the courts as evidence more often admit:

• time sheet with appropriate marks;
• acts or memos about the employee’s absence from the workplace;

SCIENTIFIC EDITOR'S NOTE

As well as certified printouts from electronic system accounting for the entry and exit of workers (paragraph 5 of clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the work of women, persons with family responsibilities and minors”).

• notifications to the employee with a request to inform about the reasons for absence from work (Appeal ruling of the Moscow City Court dated August 2, 2013 No. 11-15221).

SCIENTIFIC EDITOR'S NOTE

In addition, if written explanations are not received from the employee, in accordance with Art. 193 of the Labor Code of the Russian Federation, an act of failure to provide explanations must be drawn up. In their practice, courts in most cases are of the opinion that the employer lawfully applied a disciplinary sanction, including dismissal for absenteeism, if the employee did not receive a notice to provide written explanations requested by telegram (or letter), for reasons beyond the control of the employer (Appeal ruling of the Moscow City Court dated July 28 .2014 No. 33-29793/14).

WE FIND OUT THE REASON FOR NO APPEARANCE

If an employee brings a certificate of incapacity for work or a certificate of seeing a doctor, all documents about his absence should be filed in the appropriate file. Destroy them absolutely not possible!

If the employee does not present supporting documents, in accordance with Art. 193 of the Labor Code of the Russian Federation, the employer is obliged to request from him written explanation. The Labor Code of the Russian Federation does not oblige the employer to draw up a request (notification) in writing (example 2 ® ), but in court a document is always a more powerful argument than words. Therefore, it is better to make a request in two copies, give one to the employee, and ask him to sign on the second.

Example 2

Notice of the need to explain the reasons for non-appearance

If within two workers days the employee does not provide written explanations, an appropriate report should be drawn up.

Failure by the employee to provide explanations is not an obstacle to applying disciplinary action(including dismissals) (Part 2 of Article 193 of the Labor Code of the Russian Federation).

If an employee does not come to work for a month or more and does not answer phone calls, the search should be intensified. You can call him at home after work - there is a high probability that his relatives (and perhaps the employee himself) will be able to clarify the situation. Since it is difficult to attract witnesses to a telephone conversation in the evening, try to record the conversation on a voice recorder, and state the results of the call the next day in a memo addressed to the manager. Recording a telephone conversation by itself is not a sufficient reason for dismissal for absenteeism, but will be additional evidence that the employer is right.

It is also necessary to send registered letters with acknowledgment of receipt to all known addresses where the employee may be, with a requirement to explain the reasons for non-appearance in writing within 2 days, and if this is not possible, contact the HR department or immediate supervisor by phone.

SCIENTIFIC EDITOR'S NOTE

It's better if there are letters valuable With inventory of the attachment(to exclude speculation on the part of the employee) and, of course, with notification of delivery.

WHAT IS CONSIDERED A SHALKING?

Dictionary

Absenteeism— absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift) (subparagraph “a” "Clause 6, Part 1, Article 81 of the Labor Code of the Russian Federation).

There is no exhaustive list of valid reasons for an employee’s absence from work. To assess an offense, one should be guided by judicial practice:

1. Good reasons absence from work, courts in some cases consider:

• visiting a lawyer to get advice about a violation labor rights(Decision of the Moscow Regional Court dated November 24, 2011 in case No. 33-26558);
• being on leave without pay when the employee is entitled to such leave by law in accordance with Part 2 of Art. 128 of the Labor Code of the Russian Federation (Appeal ruling of the Kemerovo Regional Court dated August 17, 2012 in case No. 33-7790);
• illness of an employee, including in the absence of a certificate of incapacity for work (Appeal determination Supreme Court Republic of Mordovia dated February 21, 2013 in case No. 33-426/2013);

SCIENTIFIC EDITOR'S NOTE

Note that there is also the opposite arbitrage practice, for example, Resolution of the Chelyabinsk Regional Court dated July 10, 2014 No. 11-7179/2014 recognizing the abuse of the right of an employee not notifying the employer of his temporary disability and the absence in this case of obstacles to dismissing the employee at the employer’s initiative.

• fire, short circuit, emergencies, natural disasters (Appeal ruling of the Khabarovsk Regional Court dated March 1, 2013 in case No. 33-1372/2013).

2. For unjust reasons clearly admit:

• unauthorized termination of work before the expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation) or notice of dismissal (Part 1 of Article 80, Article 280, Part 1 of Article 292 and Part 1 of Article 296 of the Labor Code of the Russian Federation);
• unauthorized use of days off or unauthorized going on vacation (subparagraph “d”, paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation" (as amended on September 28, 2010).

The lists given are not exhaustive - anticipate everything life situations impossible, but by focusing on them, you will be able to more objectively assess the degree of guilt of the employee.

HOW TO DEAL WITH A SHUTTER

According to the Labor Code of the Russian Federation, the employer has the right to dismiss an employee for absenteeism (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation), but is not necessarily obliged to do this. Moreover, in accordance with Part 5 of Art. 192 of the Labor Code of the Russian Federation, when imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Extraction

from the Labor Code of the Russian Federation

Article 193. Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

ADVICE

If you are not sure that the employee is absent without good reason, we recommend periodically calling him in the presence of witnesses, drawing up reports on the results of negotiations, and also periodically (for example, once a month) sending registered letters demanding an explanation for absences.

If the employee is actually absenteeism, you should write a memo addressed to the head of the organization detailing all the circumstances that qualify the employee’s absence as absenteeism, and attach to it all available documents (absence certificates, notifications of delivery of registered letters or returned letters, employee memos , clarifying the circumstances of non-appearance, etc.). These documents are the grounds for dismissing an employee for absenteeism, and All of them must be listed in the dismissal order. The date of dismissal of the employee will be the date the head of the organization signs the order to dismiss the absentee (Parts 3 and 6 of Article 84.1 of the Labor Code of the Russian Federation). In the order (as in the work book and personal card), the entry about the reason and basis for dismissal must exactly repeat the wording set out in Labor Code RF (“fired/fired for absenteeism”).

The situation with missing workers is ambiguous:

NOTE

It is prohibited to fire pregnant women, even if the fact of absenteeism is confirmed!

THE EMPLOYEE IS FIRED. WHAT'S NEXT?

Part 2 Art. 84.1 of the Labor Code of the Russian Federation obliges the employer to familiarize the employee with the dismissal order against signature, and part 4 of the same article - to issue it on the day of dismissal work book.

According to Part 6 of Art. 84.1 of the Labor Code of the Russian Federation, if an employee is fired for absenteeism, the employer is relieved of responsibility for storing the work book, but there is an obligation to issue it no later than three days from the date of receipt of the employee’s written request.

On the dismissal order, a note should be made about the impossibility of bringing its contents to the attention of the employee due to his absence from work (Part 2 of Article 84.1 of the Labor Code of the Russian Federation). We recommend making a similar entry in your personal card.

Regardless of the reason for dismissal, on the day of dismissal you must make a full settlement with the employee: pay all due wages, as well as compensation for unused vacation. If the employee does not have bank card, the accrued amounts are deposited.

Strict adherence to all the measures described in this article will help you avoid mistakes when parting with truants and prove your case in court.

Conclusions:

1. A clear record of absence will help if the fact of absenteeism is confirmed over time, and will not hurt if the employee brings a certificate of incapacity for work.
2. Failure by an employee to provide explanations is not an obstacle to applying disciplinary action. When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.
3. Regardless of the penalty applied, it is necessary to strictly observe the procedure prescribed in Art. 193 Labor Code of the Russian Federation.

Accordingly: temporary disability with benefits, temporary disability without pay or absenteeism.

Accordingly, there is no need to send an employee fired for absenteeism a notice of the need to pick up his work book - Note scientific editor.

Maria Soboleva

How to skip work without unpleasant consequences?

How to skip work - well, admit it, this question arises at least sometimes even for the most disciplined employee. We understand that this is not good, but we are not robots and we can afford to not show up to the workplace just once. You just have to come up with a valid and convincing reason.

How to skip work and not get fired

If you are lucky and have loyal management, then almost any excuse will do as an explanation for the reasons for missing a day of work.

In general, for absenteeism under strict management, any employee may well face dismissal. At best, a reprimand or fine. This means you will have to think in advance about how to skip work without consequences.

Absence from work — the most valid reasons

You can ask your boss in advance for an additional day of rest, or time off, for working overtime or on weekends. It won’t be paid, but it’s relatively legal to skip the boat – it’s quite possible. You must notify your intention to take time off in writing.

Another option for not showing up to work for a valid reason is to donate blood. Do a good deed in the morning and the whole day is at your disposal. This, of course, is not suitable for everyone. Not everyone can become a donor due to health reasons, and many of us are afraid of the procedure.

If you still decide on this option, fill out a certificate at the donor point and an official explanation of your reluctance to work today will be provided.

An alibi will be provided by a certificate stating that you visited a doctor, an entry in the outpatient card. You might feel bad and decide to urgently visit a doctor. But about your intention to apply for medical care You should notify your superiors on the day of absence from work.

A certificate of illness of a child or relative who needs your help - escort to the hospital, care, supervision - will also save you from trouble.

How else to skip work and not be fired: in case of an urgent call for a repair team to eliminate an emergency situation - problems with gas supply, a burst pipe, a clogged sewer.

And here is the installation plastic windows or installation entrance doors Those who forced you to skip work will clearly anger your strict manager. If you can talk convincingly with your boss, you are lucky.

If you have the opportunity to get fake certificates, don't expect to get away with it. The number may work once or twice, but when you abuse it, management can check the authenticity of the documents.

Reason for no-show - what to say

Truancy, of course, is not good. But since this happens to almost everyone, let’s look at the most popular reasons for not showing up for work.

Most often, employees refer to poor health, and then there is a chance to take a day or two off from work.

For example, you caught a cold, and in order not to infect the team, you decided to get treatment at home. Look for the cause of a cold depending on the season - in winter - infection (infected from Yulia from the accounting department, picked up on a crowded trolleybus), in summer - air conditioning or draft.

Or you have a terrible migraine that will not give you the opportunity to work fully. Or you have a toothache - you will urgently need to visit the dentist.

Your version sounds convincing food poisoning, this could easily happen to anyone. We ate something like this at a party or in a cafe - and this is the result. Just sit at home for a day.

Call to complain about your feeling unwell you need to do it early in the morning - it’s more convincing, your sleepy voice will sound more like a patient. In addition, you are very worried about your absence and warn about it in advance.

You can simulate a cold by sniffing water through your nose, which will create the illusion of a runny nose. When you return to work, continue to feign weakness and take some pills. Play the role until the end.

I missed work - what to do?

What to do if you missed work - write an explanatory note, and even before you are asked to present it. Describe more convincingly the reasons and circumstances of your absenteeism; it is better if the note is supported by some papers (certificates, telegrams, letters).

For example, a telegram about the urgent arrival of relatives, you must meet and accommodate them.

Those who work with clients can come up with a meeting with one of the respectable people as an excuse for their absenteeism: they played bowling (billiards, squash) and discussed the details of the future contract.

Sometimes a trivial fiction that your husband (child, mother) took both sets of keys and you couldn’t lock the apartment helps you get away with it.

Women have a completely natural reason for missing work - critical days.

Lack of transport, accident, disaster- these are completely valid reasons for not showing up to your place of work. In order not to be late for work as a result of such force majeure, you decided not to come at all and work this day fully at another time.

Each person may have a personal need to miss a day of work, but it is always better to negotiate with management and work out your hours later. Then there will be no need to rack your brains about how to skip work. A short break will help you work with more enthusiasm later.

Take it for yourself and tell your friends!

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