Employee absenteeism report: sample 2021 and 2021

How to draw up an act of absence of an employee from the workplace

How to document an employee’s absenteeism sample 2021. An employee’s absenteeism report, the form of which does not have a unified form, but requires compliance with a number of requirements, is drawn up by a commission - the employee’s absence from the workplace must be recorded in the presence of at least two people. In addition, in order to avoid invalidation of the act, it must contain the following information:

details of the commission members, as well as the employee who is absent from work (positions, surnames, initials);
information on the measures taken to establish the location of the absent employee and the reasons for absenteeism, the results of such measures;
the duration of the employee’s absence from the workplace with a note indicating the inclusion of lunch and other breaks during this time;
place (settlement) and date of drawing up the act.

This is also important to know:
What does Article 193 of the Labor Code of the Russian Federation say?

The employee in respect of whom the act has been drawn up must be familiarized with it against receipt. In case of refusal to sign, a corresponding note is made in the act, certified by the members of the commission.

IMPORTANT! Refusal to sign does not prevent the imposition of a disciplinary sanction. Therefore, in case of disagreement with the contents of the document, it is better to record all objections and comments directly in the act itself.

Results

Compared to other documents confirming an employee’s violation of work duties, such as reports and memos, the truancy report is the most serious source of evidence when considering the issue of dismissing an employee. Its main feature is the presence of signatures of several people certifying the fact that the employee failed to show up for work or was absent from work for 4 or more hours .

You can get acquainted with other relevant nuances of personnel management in the articles:

“Nomenclature of affairs of the HR department - sample”;
“What is the retention period for personnel documents in an organization?”.

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

When is absence from work considered absenteeism?

Even a single absence is grounds for dismissal, as it is a gross violation of labor discipline. Taking into account specific circumstances, the manager can apply a more lenient penalty. Dismissal on this basis is provided for in paragraphs. "a" clause 6 of Art. 81 Labor Code of the Russian Federation.

According to the definition given in this legal norm, absenteeism is considered absence from the workplace during the entire working day or shift for more than 4 hours in a row without serious reasons. For example, visiting a doctor for a consultation without opening a sick leave certificate is an unjustified reason for leaving the workplace without the employer’s permission. Employees also do not have the right to visit relatives in the hospital during working hours and go on vacations that are not agreed with their superiors.

A number of circumstances under which absence from work is not considered absenteeism are defined by law. There is no clear list, but they can be identified according to individual articles of the Labor Code and based on judicial practice. This:

disability confirmed by sick leave (Article 81 of the Labor Code of the Russian Federation);
involvement in public and state duties (summons to law enforcement agencies, to court) (Article 170 of the Labor Code of the Russian Federation);
blood donation (Article 186 of the Labor Code of the Russian Federation);
arrest (Appeal ruling of the Altai Regional Court dated December 11, 2013 in case No. 33-9126/2013 and other court decisions);
emergency circumstances, for example, inability to get there due to flight cancellation or extreme weather, emergency work in the apartment, etc. (Decision of the Altai Regional Court dated August 17, 2011 in case No. 33-7208/11);
participation in a strike (Article 414 of the Labor Code of the Russian Federation); suspension of work due to a delay in wages of more than 15 days (Article 142 of the Labor Code of the Russian Federation).

This is also important to know:
Absenteeism from work under the Labor Code of the Russian Federation: punishment

If an employee proves that his coming to work was prevented by insurmountable circumstances or serious reasons, absenteeism will not be counted even if an absence report is drawn up.

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An act of absence from work is an independent document that records the absence of an employee from the workplace from the beginning of the working day. It differs from an absenteeism report in that it documents failure to appear at a time when the reason for the employee’s absence is still unknown. The act will serve as an auxiliary document if, after time, it turns out that absenteeism occurred, and it will not hurt if it turns out that the reason for the absence was illness or some other valid circumstance.

An absence from work report can only be drawn up if the absent employee has not warned his management or colleagues in advance that he will not appear at the workplace on a certain day.

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Form

This document does not have a required form. Accordingly, it is allowed to draw up the act in a free style. A regular landscape sheet of paper will do for this. Although, to further simplify this procedure, many organizations create special templates. Typically, the letterhead already contains all the important information. The responsible person only needs to enter the information in the appropriate fields.

Essentially, there are two stakeholders: the employee and the employer. Each of them should receive one copy. Accordingly, the document is drawn up in two copies, which have equal legal force. It also does not matter whether the document is filled out on a computer or by hand. The main thing is that the “live” signatures of all responsible persons are affixed here.

( Video : “What to do if an employee does not show up and does not answer calls”)

Why is the act needed?

The main purpose of drawing up this act is to use it to document the fact of the employee’s absence.
This document should not be confused with an absenteeism report, which already clearly states that the employee does not have a valid reason. After all, at that moment when an employee does not show up for work in the morning, the reason for his absence is still unknown. Accordingly, this matter must continue. After all, after a certain time it will become clear why the employee did not come. So, if he does not provide evidence of a good reason, he will be issued absenteeism with all the ensuing consequences. If an employee did not show up due to serious illness and was unable to report this to his supervisor, this may be considered a valid reason. Accordingly, the act is not allowed to proceed further.

Instructions for filling out a certificate of absence from work

The act has a standard form from the point of view of office work and should not cause great difficulties when filling out.

The title is written in the center of the top line.
Just below is indicated the locality in which the company issuing the act is registered, as well as the date of its preparation. Then the exact time of execution of the act (usually closer to the end of the working day).

Next, in free form, you need to record the fact of the employee’s absence.

First, the last name, first name, and patronymic of the person on whose behalf the document is being filled out are entered in this part of the act.
Then the witnesses (employees of any departments) are entered, indicating their positions, surnames, first names, patronymics, and the date on which the employee’s absence from the workplace was noted is entered.
After this, information regarding the absent person : his position (according to the staffing table), last name, first name, patronymic, number and date of the employment contract under which he was employed.

Then here you need to certify that the reasons for absence from work are unknown to the absentee’s colleagues.

The last part of the act includes the signatures of the employees included in the commission. They must also be placed opposite the corresponding positions with mandatory decoding. It is not necessary to certify the act with a seal, since it relates to the internal document flow of the company.

How and for how long is a document stored?

The act of absence from work is included in the nomenclature. It refers to temporary storage documents. The paper should be kept in the file on compliance with labor discipline for three years (clause 587 of Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558). Then it is destroyed according to the inventory.

Thus, the employer needs to record the employee’s failure to show up for work in the absence report. The document should be prepared in accordance with the recommendations given in the article. Next, the reasons for absenteeism are established.

If they are found disrespectful, the employer has the right to punish the violator or fire him under the article.

After drawing up the act

In the future, if it turns out that the employee did not have valid reasons for absenteeism, these facts are recognized as absenteeism, which entails punishment through an order of disciplinary action, up to and including dismissal. If an employee, having appeared at work, provides the employer with written evidence of valid circumstances of absence from the workplace, then he is released from any liability and legally begins to perform his official duties.

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Employee absenteeism report.

Form of completion The Act of Absence from Work does not have a clearly regulated form. Let's consider the main provisions that must be indicated in the act.

Full name and position of the person who compiled the act and witnesses to the violation;
description of the violation, time period of the violation, full name of the violator;
registration number, date and place of signing the act,
details of the organization, signature of the head of the organization, the author of the act, witnesses and the employee of the violator.

If the violator himself does not want to sign the act drawn up, a corresponding note is made, next to which the drafters of the act sign.

What is an act and why is it needed?

An employee’s absence from work report is an up-to-date document required by the employer if an employee of an institution violates labor discipline, does not adhere to the norms and rules of the work schedule, or does not show up for work at all. This document gives the employer the opportunity to apply the types of disciplinary penalties established by labor legislation against the person - from reprimand to dismissal.

The truancy document records absence from work without good reason for more than 4 hours in a row. This is paper of any format, since there is no form approved by the legislator. At the same time, the document is important because it is the basis for disciplinary action.

Who can draw up an employee absenteeism report?

The labor legislation of the Russian Federation allows management to resort to holding their employees accountable for missing work time. A document on truancy can be drawn up by the violator’s immediate supervisor. The boss is obliged to indicate the reason for the absenteeism and what punishment the employee will be subjected to. Also, the decision to recognize a violation rests with the commission.

Deadlines for drawing up an employee absenteeism report

If an employee is absent from the workplace for more than 4 hours, then this fact can be considered as absenteeism and a violation report can be drawn up. In this case, it is necessary to record all missed days and document them so that absenteeism can be proven and the employee can be charged for absence from the employee.

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It must be drawn up no later than 30 days, and you should also be aware that execution of the document is impossible if management has not received an explanatory note from the absentee employee.

Management actions in case of employee absence from work

Each enterprise maintains a special journal that records the working time of each employee. If someone does not show up to their workplace, a corresponding note is made in the log. The fact that an employee is absent for unknown reasons is recorded using a special code. If the journal is kept electronically, this code can later be changed. When filling it out manually at this stage, it is recommended to enter the code in pencil. This mark can be changed in the future.

In addition to the mark on the accounting report card, by order of the director, the responsible persons begin to draw up an act of absenteeism. An employee may not go to work for several days. If the employer does not know the exact reason for absence, this act is drawn up every day. On the last day of the working week, you can draw up a general act that will contain information from all previously completed documents.

It is highly advisable that management send the employee a notice in which they can ask for an explanation for their absence. The written notice will serve as additional evidence in legal proceedings. You need to know that the law does not oblige the employer to adhere to a certain algorithm of actions. Accordingly, managers have the right to prescribe rules of conduct in such situations.

( Video : “How to register an employee’s absence from work?”)

Who draws up the employee’s absenteeism report?

Typically, the preparation of such a document is the responsibility of some employees. The following specialists can engage in this process:

lawyer;
personnel officer;
supervisor;
Department head;
secretary.

Although the manager has the right to appoint another employee responsible. In addition, the act must be drawn up in the presence of witnesses. In other words, this is done by a whole commission, the members of which are appointed by other employees. There must be at least two people here who will confirm the accuracy of all the information provided.

Grounds for challenging a truancy report

Any citizen has the right to challenge the legality of a document drawn up on the fact of absenteeism from work.

The act of an employee’s absence from the workplace may be declared invalid if there are the following grounds:

The manager’s evidence was not provided to the truant for review;
If the employee missed work for a good reason and could not report it, but at the same time has all the necessary documents confirming his words;
If there is no evidence that the employee was not at work for more than four hours in a row.

If an employee proves that he was illegally fired, he must be reinstated to his previous job, and he also has the right to demand compensation for moral damage.

What is considered truancy?

The legislation of the Russian Federation regulates that absenteeism is an employee missing work for more than 4 hours in a row without informing the manager. The main difference between absenteeism is the fact that, as a rule, the employee is unable or does not have the desire to write a written reason for missing work. Considering that absenteeism is a disciplinary violation indicated when concluding an employment agreement, there is a need to impose disciplinary punishment, in accordance with Art. 192 of the Labor Code of the Russian Federation (reprimand, reprimand and even dismissal). However, to impose a penalty, a document confirming the fact of absenteeism is required. Therefore, as a result of the absence of an explanatory note, the employee’s direct superior is obliged to draw up a report.

What applies to absenteeism without a good reason?

An employee’s absence from work for a full working day, regardless of its duration.
An employee is late for work for more than 4 hours in a row.
Leaving the enterprise without informing management about the termination of the employment contract at one’s own discretion, or before the end of the work period upon dismissal, or before the end of the contract (in the case of a fixed-term employment agreement).
Self-care on vacation, as well as self-care on main or additional leave.

However, absenteeism does not include the use of rest days by an employee if the manager unlawfully refuses to provide such time off (for example, when donating blood as a donor).

Valid reasons for employee absence

In order for the dismissal to be recognized as legal, in addition to drawing up the act, it is necessary to take into account the following observations derived from judicial practice regarding the validity of the reasons for absence:

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failure by the court to clarify the reasons for absence is grounds for sending the case for a new trial (decision of the Supreme Court of the Russian Federation dated October 9, 2017 No. 9-KG17-10);
undergoing an examination in the absence of a document exempting from work is an unexcused reason for absence (appeal ruling of the Rostov Regional Court dated July 13, 2017 in case No. 33-11733/2017);
Despite the sufficiency of dismissal for one-day absenteeism, if the employer dismisses for absenteeism for several days, the absence must be proven unexcused for all days for which liability in the form of dismissal applies (appeal ruling of the Sverdlovsk Regional Court dated August 10, 2017 in case No. 33-13127 /2017);
a dismissed employee cannot justify his absence from work by leave without pay if the parties to the labor relationship did not properly formalize such leave (appeal ruling of the Perm Regional Court dated March 2, 2016 in case No. 33-2260/2016).

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So, in this article, a sample act of absence from work, corresponding to legislation and law enforcement practice, was presented for downloading. The said act reflects data about the organization, the employee who drew up the act, the persons present during its preparation, information about the absent employee, the duration of absence, the presence/absence of information about the reasons for absence from work at the time of drawing up the act.

Management Actions

The law does not establish a strict procedure for management to act in the event of employee absenteeism.
Each company develops an individual algorithm of actions. Each organization maintains time records. If the employee does not show up for work, the report card is marked “NN” with the digital code “30”. You should contact the person to clarify the reason for the no-show.

Regardless of the reasons, the fact is recorded in the act of absence from service. It is drawn up daily until the circumstances are clarified and supporting documents are provided.

It is recommended to additionally send written notice asking for an explanation of the reason for the absence.

The need to record a violation

Any violations of labor discipline must be documented if the employer wishes to respond to this act. The lack of paperwork does not allow penalties to be applied to the culprit. Moreover, the papers must be recorded and executed within a strictly established time frame; skipping them will also not allow the offender to be punished.

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The employer is obliged to carry out the following steps step by step:

On the day of absence from work, after four hours or earlier, draw up an employee absence report. By itself, it does not entail any penalties.
After the employee appears, obtain a written explanatory note from him, in which he will explain the reasons for his behavior and absenteeism. An explanation is written if there are no documentary reasons for failure to appear.
If the truant refuses to give an explanation for his actions, then the refusal is recorded in another act.
An order is issued to impose penalties on the employee.

Based on the act and the explanatory note from the employee himself, a decision is made on the punishment.

The management of the organization has the right to react differently to absenteeism, even to the point of simply leaving this fact unattended.

The Labor Code establishes that when determining a punitive action, it is necessary to weigh the severity of the offense itself and the penalty applied. So, a person cannot be fired for being late, but for absenteeism, the employer has the right to use extreme measures, but also has the right to mitigate the punishment to a reprimand or warning.

Is it possible to challenge the fact of absenteeism?

An employee has the right to go to court if he believes that his dismissal was illegal. A written document on absenteeism may be considered invalid if it does not have the worker’s signature. This means that he was not allowed to familiarize himself with it. The court must take into account documents confirming a valid reason for absence from work. If the legislation is on the employee’s side, he will be reinstated at the enterprise.

Dismissal for absenteeism - judicial practice

In satisfying the plaintiff's demands for reinstatement, the court took into account the employee's 45 years of work experience at the defendant's enterprise. The plaintiff is a labor veteran and has not previously been subject to disciplinary liability, so the court decided that there was a disciplinary offense on the plaintiff’s part, however, when drawing up the act and terminating the employment contract for absenteeism, the employer did not take into account the provisions of Art. 192 Labor Code of the Russian Federation. The plaintiff was absent from work due to illness (he had a heart attack). The next day he turned for help to a medical institution, where he was given a certificate of incapacity for work. The court ruled that the demands for reinstatement are legal and justified; the demands for recovery of wages during forced absence are also subject to satisfaction (Determination of the Moscow Regional Court dated 04/05/2011 in case No. 33-7511).
The employer decided to fire the absentee. Explanations regarding absenteeism were requested from the employee, but he refused to provide them, about which an additional document was drawn up. The court concluded that the employee was absent from the workplace without permission. But the employer violated the procedure for dismissal established by law, since the dismissal order was issued without complying with the requirements of the Labor Code of the Russian Federation. The truancy document was drawn up 49 days after the violation was committed (as a rule, it is issued on the day of the violation or within a month). As a result, the dismissal was declared illegal (Decision of the Oktyabrsky District Court of Novorossiysk dated September 29, 2016 No. 2-4284/2016).

If the dismissed person does not challenge the decision, then it is recommended to include an additional section in the agreement on termination of the employment contract stating that the employee has no claims against the employer. This document is drawn up in any form, listing possible controversial issues (wages paid, documents issued, agreement with dismissal). A sample no-claims certificate must be signed by both the dismissed employee and the witnesses to its preparation.

How many people must sign the act?

The legislation nowhere establishes the number of witnesses, in whose presence an act of failure to appear or absence of an employee from his place of work must be drawn up.

However, many personnel officers know that there must be at least two witnesses. This rule was developed on the basis of existing practice. This is primarily due to the fact that the presence of several people increases the objectivity of reflecting the fact of a disciplinary offense committed.

It is generally desirable that these employees be brought in from other departments to eliminate the possibility of distortion of the current situation. But at the same time, these people should be able to see the absentee’s empty workplace. For example, the court may consider the testimony of employees of workshop No. 8 unreliable if they confirm the fact that an employee of workshop No. 1 failed to appear.

Truancy: legal interpretation

According to the norms of clause 1, part 6, article 81 of the Labor Code of the Russian Federation, absenteeism is the absence of a citizen at work. It can continue for the following periods of time:

4 hours per working day;
the entire work shift, regardless of its duration.

When considering the issue in court, the employer must prove the fact of absenteeism. The fact is that most employment contracts do not specify a clear connection to a specific workplace (for example, a person works only at this desk and does not have the right to appear in any other room), but indicates the name of the position and the name of the enterprise.

An employee’s workplace means the entire territory of a legal entity. Based on this, no one can prohibit a person, due to production needs, from moving away from his main workbench (drawing board, machine) to another department, to the authorities. Such absence is not considered absenteeism and cannot be grounds for dismissal. In addition, an important feature of the fact is the following: the employer’s representatives have absolutely no information about the employee’s location, since he does not communicate.

Sources:

https://ppt.ru/forms/sluj-akt-ob-otsutstvii
https://assistentus.ru/forma/akt-o-nevyhode-na-rabotu/
https://online-buhuchet.ru/akt-o-progule-rabotnika-obrazec/
https://rabotniky.com/akt-o-progule/
https://russiansu.ru/progul/kak-sostavit-akt-o-progule-sotrudnika.html
https://rusjurist.ru/kadry/kadrovoe_deloproizvodstvo/akt_ob_otsutstvii_na_rabochem_meste_-_obrazec/
https://docinfo.net/akt-ob-otsutstvii-na-rabochem-meste/
https://clubtk.ru/kak-oformit-uvolneniye-za-progul
https://znatoktruda.ru/progul/akt/
https://buhproffi.ru/dokumenty/akt-ob-otsutstvii-na-rabochem-meste.html
https://kadriruem.ru/akt-o-progule/
https://nsovetnik.ru/akt/kak_sostavlyaetsya_akt_o_progule_rabotnika_blank_obrazec/

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Disciplinary measures for absence from work

According to the provisions of Article 192 of the Labor Code of the Russian Federation, the following types of disciplinary influence can be applied to employees:

comment;
rebuke;
dismissal.

Attention! The law does not establish specific criteria for certain types of consequences, leaving the final decision to the employer.

Based on practice, management considers termination of employment as a sanction to be a last resort and is rarely used, but most often it is a reprimand. At the same time, absentees should not delude themselves and hope for the kindness of management, since most enterprises keep records of the total number of reprimands for each employee. Dismissal is ultimately possible due to a combination of violations.