Sample entries on the dismissal of an employee for absenteeism in the work book, Topic No. 749972

Absenteeism, unfortunately, is a fairly common occurrence not only in educational institutions; it also happens in the workplace. Employers who are dissatisfied with the unjustified absence of an employee may refuse to continue to cooperate with the truant, dismissing him under the relevant article of the Labor Code. At the same time, in order for such a dismissal not to be challenged in the future, it is necessary to strictly comply with the administrative “regulations”, and most importantly, to correctly qualify absenteeism from the point of view of labor legislation.

Question: Is it legal to dismiss an employee who does not go to work during a period of downtime if the employer’s LNA does not indicate the employee’s right not to go to work during such a period? View answer

The absentee does not agree with the dismissal: can it be challenged?

Absenteeism is a violation so serious that even a single proven case is sufficient by law to dismiss the offender. After all, sometimes employee absenteeism can be fraught with serious unpleasant or even fatal consequences for the entire activity of the enterprise.

However, when dismissing on the basis of absenteeism, the employer must strive to avoid mistakes that could lead to challenging the dismissal in court. If the decision is positive, the plaintiff’s dismissal for absenteeism will be considered illegal.

Question: The employee presented the employer with a sick leave certificate for payment. When checking the authenticity of the sick leave certificate presented, it turned out that it was fake. Is it possible to fire an employee for absenteeism in this case? View answer

This entails the reinstatement of the dismissed person in his previous position with payment of salary for the entire period, from unfair dismissal to the end of the trial, and in some cases, compensation for moral damage. This, unfortunately for the employer, is possible if:

• the reason for dismissal for absenteeism was a fact that is not absenteeism as defined by legislative documents;
• the algorithm of actions during the dismissal procedure due to absenteeism was violated;
• There were errors and inaccuracies in the preparation of relevant documents.

Let's consider how to maintain accuracy in each of these points so that everything is flawless from the point of view of current legislation.

Question: An employee submitted a written application for three days of leave at his own expense in connection with the death and funeral of his brother. The General Director, who accepted the application, verbally authorized the granting of leave. However, the application does not contain a visa for the general director, and no order was issued to grant leave. The employee did not show up for work. Is an employee subject to dismissal for absenteeism? View answer

What to write if an employee is fired for absenteeism?

Not all personnel workers know what to write in the book if dismissal is carried out for absenteeism. In the third column of the table of information about the employee, it is necessary to indicate that the termination of the employment relationship is carried out for violation of official duties or labor discipline.

You should refer to subparagraph “a” of paragraph 6 of the first part of Article No. 81 of the Labor Code of Russia. Columns No. 1, 2 and 4 are filled in in the standard order.

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Truancy through the eyes of the law

The Labor Code of the Russian Federation in subparagraph a 6 of paragraph 1 of article 81 clearly defines this disciplinary violation and describes the possible actions of the employer provided for in legislative acts.

Question: Is it possible to fire an employee for absenteeism who did not notify the organization of his absence from work in connection with participation in elections as a member of the election commission, if the election commission received a proposal from the employee 3 days after the elections? View answer

According to the Labor Code, absenteeism is an employee being outside the workplace during the working day or shift (regardless of its duration) or being absent during working hours for more than 4 hours in a row or cumulatively for a shift for reasons considered disrespectful by the employer.

NOTE! Exactly 4 hours of absence is not absenteeism! Lunch break is not included in the time calculation.

Question: Can an organization fire an employee for absenteeism if, when transferred to remote work, but in the absence of a written agreement for the transfer, the employee does not appear in the office, considering the terms of the employment contract to be changed? View answer

Summary

1. Being late for work is a violation of labor discipline, but you cannot be fired for it.
2. More serious reasons are needed for dismissal. It is required to record that the person was absent from the office for four hours. If all the documents are drawn up correctly, then he can be fired under the article.
3. The procedure must be strictly followed to ensure that the employee cannot challenge the dismissal.
4. Entries in the work book are made in full, and a link to the relevant paragraph and article of the Labor Code is indicated.
5. The essence is in the details. You need to draw up the act correctly and ask the person for an explanation. Supporting documents must be checked. Certificates from doctors or documents about transport delays exclude the possibility of dismissal under the article.

What else will be considered absenteeism?

The legislation also includes absenteeism as absenteeism in the following cases:

• unauthorized termination of work before the expiration of the employment contract;
• time off that was not agreed upon with management (the employee’s right to rest for reasons provided for by law, for example, after donating blood, is not considered time off);
• did not work the required two weeks after submitting the resignation letter (or 3 days if the outgoing employee is on a probationary period);
• unauthorized departure on vacation not included in the schedule.

ATTENTION! If the employer has not provided the leave required by law, the time of which is not left at his discretion, then even unauthorized rest in this case cannot be considered absenteeism.

Sample order

An order of dismissal, like other administrative documents, is issued only if there are grounds recorded in writing. So, issuing an order is possible if:

• certificate of absence of a person from the office;
• exit sheet;
• memorandum;
• explanatory note.

Only if this documentation package is available, the head of the organization can make a decision to hold a person accountable, including with subsequent dismissal.

The dismissal order is drawn up on a regular A4 sheet. To prevent errors, it is recommended to use the T-8 form, which ceased to be mandatory in 2013, or a form specially developed by the organization. Despite the absence of a unified template, the document must contain information:

• about the name of the organization. It can be indicated in either full or abbreviated form;
• about OKPO code;
• about the number assigned to the order, as well as the date of its preparation;
• about the exact name of the document - “Order ...”;
• on termination of the employment contract, indicating the date of its conclusion and number;
• about the exact date of the person’s dismissal;
• about the full name and personnel number of the employee being dismissed for absenteeism;
• about the structural unit and position that the truant occupies at the time of drawing up the order;
• on the grounds for dismissal with reference to the relevant article of the Labor Code;
• about the document on the basis of which the dismissal is carried out - a complete list of the above documents with the date of their preparation, as well as the full names of the compilers, is indicated.

At the end of the document, the position of the manager - “Director” must be indicated, as well as his signature with a transcript. If the head of the enterprise for some reason cannot sign the document, then these obligations are assigned to his deputy.

Sample letter of dismissal for absenteeism

After the order is issued and registered, the employee must be familiarized with it against his signature. Without the employee's signature, dismissal will be considered illegal.

It is important to know! If the employer cannot familiarize the person with the order for good reasons, for example, due to lack of information about his whereabouts or the employee’s direct refusal to sign the order, then a corresponding act is drawn up, which must be attached to the document. In such a situation, termination of the employment contract is considered completely legal. To prevent the occurrence of controversial situations, it is recommended to additionally send a copy of the order using a registered letter with notification to the employee’s residence address.

What reason for absence will be approved?

The Labor Code does not provide a list of valid reasons for absence from work; usually these are considered to be events supported by documentary evidence. In the event of an appeal against dismissal, the court will not consider the following to be absenteeism:

• temporary loss of ability to work due to health reasons - a certificate from the treating organization is required;
• emergency situations (natural disasters, communal troubles, misfortune that happened to loved ones);
• transport problems (disruption of public transport, flight delays or cancellations, etc.) - it is better to obtain a certificate from the transport company;
• performance during working hours of public or state duties provided for in Art. 170 Labor Code of the Russian Federation;
• donation;
• strike of company employees;
• the employee being in custody;
• absenteeism from work overtime;
• disagreement to interrupt a planned vacation;
• absence from performing activities prohibited to the employee for medical reasons;
• refusal to transfer to work in another location.

IMPORTANT INFORMATION ! If an enterprise delays employees’ salaries for more than 15 days, then employees can suspend work activities by notifying their superiors in writing, and this cannot be regarded as absenteeism.

If the manager voluntarily released the employee at his request, of course, his absence is not absenteeism. But if the boss wants to fire a person for some reason, he may take advantage of this situation in bad faith if permission to leave the job was given privately. If the employee is not on the best terms with the employer, then in such circumstances it is better to record the permission in writing or talk to the manager in the presence of several people.

Proof of truancy

A common mistake made by managers is to immediately issue an order for dismissal without properly investigating the circumstances. This can lead to punishment for illegal dismissal, if the dismissed person decides to contact the supervisory authorities - he will have to pay a fine or reinstate the absentee at work.

1. The optimal solution in case of absence from work is to record the fact of absence and stop the accrual of wages. To do this, an o is immediately placed on the report card, meaning that the reasons for the absence are unknown.
2. If the absentee then brings a documentary explanation for the absence, the mark changes in accordance with it (for example, to “B” - illness).
3. If there are no certificates or other documents, the mark is corrected to “PR”, which means absenteeism.

But even in this case, it is too early to issue and sign an order to cancel the contract. The next step is to require an explanatory note, which will be used to assess whether missing a working day is justified.

This is also important to know:
How to write a resignation letter of your own free will

If the truant refuses to give written explanations, it is necessary to document the fact of their request. To do this you can:

• hand over the notice in person against signature (which is not always successful);
• send a notification by registered mail with a description of the attachment and a receipt.

How to properly fire a truant worker

If the employer has decided to fire, and not to use other measures of influence permitted by law on the absentee employee (reprimand, deprivation of bonus, etc.), then he must adhere to the procedure prescribed by Art. 193 Labor Code of the Russian Federation.

Step-by-step algorithm for the employer:

1. Documentary recording of absenteeism by an act of absence from the workplace with signatures of witnesses or a memo in which the immediate supervisor notifies the superior about the absence of his subordinate from the workplace.
2. Requiring an explanatory note from a potential truant. It must be submitted within 2 days, otherwise the reason for absence will be considered unsatisfactory. If such a note is not received, an act of refusal of the employee to explain is drawn up.
3. Issuance of an order for the enterprise on dismissal according to subclause a, clause 6, part 1, article 81 of the Labor Code of the Russian Federation (form T-8, T-8a).
4. Familiarization of the dismissed employee with the order against signature within 3 days, drawing up a report in case of refusal to sign.
5. Making a corresponding entry in the work book and handing it over to the person being dismissed. If an employee does not show up for a work book, he is sent a notice of this possibility (by a notification letter or by courier to the address specified in the contract). It is strictly not allowed to send the work itself in this way.
6. Payment to the employee on the day of dismissal. Payment of wages for hours worked, calculation of compensation for vacation days if they are not used, and, if necessary, payment for sick leave.

FILES Act on absence from work (sample) in DOC Memo (sample) in DOC Explanatory note (sample) in DOC

See also: Completed sample and blank form of the T-8 form.

How to apply for a work book

The manager can record information in the work book.
You can't just transfer authority like that. An order is issued to assign duties to another specialist. Practice shows that dismissal under an article is not so easy. The procedure established by law must be followed. Any mistakes are undesirable when dismissal for absenteeism occurs. In court, errors in dismissal are regarded as a violation of the employee’s rights.

Important! Even if a person worked poorly, records of reprimands cannot be made. Information about penalties is entered upon dismissal under the relevant article. When it comes to absenteeism, the information is indicated on the form.

Records of dismissed employees must be made carefully. Mistakes lead to the person being reinstated at work and receiving compensation for days of forced absence from the office.

Procedure for dismissal for absenteeism

Compliance with all established requirements will protect the employer from subsequent problems with challenging the termination of the employment contract. The design of each document has its own characteristics:

1. A mark on the timesheet that tracks working hours and employees’ compliance with the requirements of the regulations. On the day of absence, there should be an o next to the truant's last name, which will later be replaced, depending on the reasons for the absence. The report card is one of the documents that will be reviewed in the event of a trial, so filling it out correctly is important. Attention, look at the completed sample report card with the required marks.
2. Recording the fact of absence by a special act. It is of paramount importance and is issued immediately on the day the employee fails to show up for work. If an employee is absent for several days, a separate report is drawn up for each of them.
3. Notifying the employee of the planned termination of the contract and requesting an explanation of the reasons for absence in writing. It is issued to the employee personally against signature or sent to him by registered mail to his registration address.
4. Receiving an explanatory note from the truant. It is compiled in free form in compliance with the requirements of business correspondence. The deadline for drawing up and submitting an explanatory note is 2 working days. Its presence or the employee’s written refusal to provide it is mandatory as evidence of compliance with the requirements for the dismissal procedure for absenteeism.
5. If the truant refuses to provide an explanation, an act of refusal is drawn up in the presence of 2 witnesses who sign.
6. Memo to the manager from the head of the department (division). This step is optional for small companies, but for organizations with several departments and branches it is a necessity.
7. Issuing an order of dismissal for absenteeism, a sample of which is given below. Its main feature is that it does not require the issuance of a separate order on disciplinary action; it is enough to indicate in the text the basis for termination of the employment relationship - Article 81 of the Labor Code. You must attach the required attachments: an act and an explanatory note. For large companies, an additional report from the head of the department is required.
8. Registration of orders in the order book.
9. Drawing up a pay slip and familiarizing the dismissed person with the order. The order must contain the signatures of both parties to the labor relationship. If an employee refuses to sign an autograph, a certificate of refusal is drawn up in the presence of 2 witnesses who certify it with their signatures.
10. Filling out the personal file and work book of the person being dismissed upon termination of the contract for absenteeism, a sample of which can be seen below.
11. Issuing a work book to the dismissed person and making all due payments.

Explanatory – features of compilation

The explanatory note does not have a set form and is filled out randomly by the employee in compliance with the requirements of business correspondence. After identifying the fact of absenteeism, this is the employee’s response to management’s request.

The explanatory note must include the following information:

• About company;
• about the offender;
• about the reasons for absence from work.

At the end there must be a date and signature of the violator. It is necessary to attach documents confirming the reasons for missing a working day.

The explanatory notice for absenteeism, sample 2022, can be viewed below: