We issue an order for an employee to take absenteeism without dismissal

Concept and types

The term absenteeism in the Labor Code of the Russian Federation is interpreted as an unjustified absence from the workplace for 4 or more hours. It refers to situations where an employee did not show up to the place of work or left it without permission, without the consent of management. The fact of absence must be confirmed by eyewitness accounts compiled in writing.

Types of absenteeism are divided into two categories:

• The main one, that is, when an employee is absent, but the employer can still contact him and knows why he did not come and when he will appear at the workplace. In such situations, the reason is usually good.
• Long absence. In such a situation, the employee cannot be contacted, and he may not be at work for several days or even weeks. These are the most difficult cases when dismissing and punishing for absenteeism.

Consequences of employee absenteeism

The absence of an employee leads to various negative consequences - from lost benefits in the form of unproduced goods or specified services, to the loss of a customer, penalties, losses and bankruptcy of the enterprise. The staff thinks little about this; their frivolous actions can cause the liquidation of the company.

However, not any employee absence is considered absenteeism . This includes his absence from work:

• During the entire working day, even if the shift is less than 8 hours;
• For four hours, but continuously;
• Without an official notification of intention to terminate the employment contract;
• After submitting a letter of resignation, but without working the two weeks required by law;
• Due to time off or vacation, but without receiving official permission from the employer.

All these legal grounds fit into the order for absenteeism without dismissal. The type of punishment chosen by the employer is also indicated here.

Choice of sanction

Labor legislation stipulates that for absenteeism, the person responsible may be reprimanded or reprimanded and entered into his personal file. The last resort is dismissal. For officials - civil servants and military - other types of punishment are provided - from warnings and severe reprimands, to deprivation of bonuses and insignia, as well as termination of contracts.

But even if the employee is guilty of absenteeism, he does not have mitigating circumstances, when choosing a sanction that fits into the order for absenteeism without dismissal, it is necessary to take into account:

• Degree of guilt;
• Reputation as a truant;
• Absent from work for the first time or such violations are systematic;
• The attitude of the perpetrator towards the offense.

Conscientious employees will find a reasonable explanation for the incident. In this case, you can do without dismissal, limit yourself to a verbal remark, or conduct a preventive conversation.

With the rest of the subordinates, you need to make a decision based on economic feasibility . It is possible that hiring and training a new employee will cost time and money, leading to financial losses. It is better to find a compromise option, limit yourself to a reprimand and enter it in your personal file, but think about a replacement in the future.

“Legal” truancy

The reasons for absenteeism can also be valid. You cannot fire a person if he provided medical assistance to another person and applied for it himself. It is not necessary that force majeure or an emergency situation occur. In this case, even calling an ambulance for a stranger and waiting for doctors is equivalent to providing assistance. However, you should be on the safe side and request a supporting document from doctors.

Absence from work due to the need to participate in investigative activities, interrogations or legal proceedings also cannot be interpreted as absenteeism without good reason. Typically, in such cases, the person has a subpoena or court order stating the date, address and time of arrival. If he does not have such a document, then he needs to request a certificate that will confirm the reason for absence from work. For example, an employee may become a participant or witness of an accident. Or he is detained until his identity is clarified. The main thing is that the date and time on the certificate coincide with the period of absence from work.

Refusal of “free” work cannot be interpreted as absence from work without a good reason. The legislation clearly establishes payment deadlines. If the employer delays payment for more than 15 days, then the employee has the right not to fulfill his job duties, but under one condition. The employee is obliged to inform the employer about his decision by submitting an appropriate application. In this case, it will be impossible to accuse him of absenteeism. In this case, if the case goes to court, the employee, who has a copy of the application with a mark of acceptance by the enterprise administration, will be able to prove that refusal to work is forced absenteeism.

Refusal to perform work in dangerous or harmful conditions cannot be considered absenteeism unless this is stipulated in the employment contract. An employee is not obliged to start work that clearly poses a threat to his life or health. Absence from work in this case may be regarded by the court as forced absenteeism.

How to properly document the fact of absenteeism?

After it becomes known about the absence of an employee, it is necessary first of all to document the absence. The presence of official paper is necessary for the lawful imposition of a disciplinary sanction. That is, before issuing an order for dismissal for absenteeism, you will need to draw up an act or memorandum, which will be the basis for imposing such a penalty.

Drawing up an employee absenteeism report

As a rule, such documents are drawn up according to the requirements of a particular enterprise. The format of the act and its content varies greatly among different organizations. However, even in the absence of a generally accepted template, the act always indicates information such as:

• Details of the manager who compiled the document;
• Last name, first name, patronymic and position of the employee who committed the violation;
• Date of absence from shift;
• The time the offender was absent from the designated workplace. If he did appear, then the time of arrival and departure is indicated. If you are not on shift at all, then the total time of absence is indicated;
• Date and time of drawing up the act. It can be drawn up either on the day of the violation or the next day;
• Signatures of three employees who certified the act. The details of each of the signing employees, as well as the details of the violator, are indicated along with their positions.

In addition to the points described above, the act may contain a separate column to indicate the reason for absence. As a standard, it indicates “failure to appear for an unknown reason,” abbreviated as “NN.”

Verification of information on the fact of violation

Before drawing up an order for truancy, it is necessary to obtain a response from the offender or take action to receive it. If an employee gets in touch and independently expresses a desire to justify his absence, he will need to write an explanatory note indicating the reasons. Supporting documents may also be attached to it. The period for providing an explanatory note is on average about two days.

If during this time the employee who violated the order did not provide his manager or organization with an explanation on his own, it is necessary to ask him for the reason. That is, even if the employee does not get in touch or does not want to answer, the organization must send a telegram with a request to his place of registration. It must contain a request to justify the absence (failure to appear) of the employee at the workplace at the appointed time.

Order on disciplinary action for absenteeism

After finding out the information and filling it out in the required form, an order for disciplinary action for absenteeism is drawn up. It must be issued no later than a month from the date of the violation itself. In most cases, as a punishment for this gross violation, a disciplinary sanction is imposed in the form of dismissal of the employee, however, an order for absenteeism can be given without dismissal.

This is important to know: What to do and where to go if you are not paid upon dismissal

In this case, the following may be applied as punishment for violation of labor discipline:

• Comment;
• Rebuke;
• Deprivation of the right to an additional bonus (remuneration for length of service, bonus, other payment not guaranteed by law) or reduction in the amount of a one-time remuneration to the norms established by law.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

In addition, after the order is issued, incentive measures cannot be applied to this employee. A similar rule, including deprivation of both part and the full amount of the bonus, is valid during the established period of punishment.

Graduated from the Russian State University of Justice (RSUP). Postgraduate student at the Moscow Institute of Public Administration and Law (MGIUP). Since the beginning of 2007, judicial practice, specialization Labor law and labor disputes.

When can you not be fired for absenteeism?

It is impossible to fire a pregnant woman, even if she often does not consider it necessary to come to work. She may be subject to other disciplinary measures.

It cannot be recognized as absence from work without a valid reason if the employee refused to leave the vacation early. A day of rest after donating blood or its components is not considered absenteeism, even if the employer refused to provide it.

Good and bad reasons

However, sometimes failure to appear is not considered absenteeism. A person will be able to avoid consequences for not attending work in the following situations:

1. He was engaged in the performance of government duties. This includes a visit to the police, participation in court proceedings or a visit to the military registration and enlistment office.
2. The employee was unaware that he had to report for his shift due to a schedule change. The reason can be cited if the person was not notified in writing of the adjustments. Oral communication has no legal force.
3. The employee was arrested or taken into custody.
4. The person refused to go out on a legal day off or during vacation, even if an order was issued. A similar rule applies if the employee was not familiarized with the document in advance.
5. The person went to donate blood on the day prescribed by health workers or needs rest after the procedure. The above rule applies if a person acts as a donor.
6. The citizen fell ill. This fact will need to be confirmed by providing a medical certificate.

The above list can be supplemented. Other reasons are recorded in the local regulations of the organization. If a conflict occurs, it is recommended that you familiarize yourself in detail not only with the employment contract, but also with the internal regulations of the institution.

The exact list of valid reasons is not fixed in the legislation. The boss will decide to what extent the available grounds justify the citizen’s actions. He makes a verdict and determines the punishment.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Sometimes finding out where a subordinate was was problematic. In this case, dismissal is carried out. Companies do not want to work with irresponsible people.

While a person is not at work, the boss records the absence and does not pay for working hours.

Employer's actions

Before issuing an order to issue a reprimand for absenteeism, the employer must follow a certain procedure:

• Draw up a truancy report. This step may be preceded by a memorandum from the truant’s immediate supervisor if the enterprise structure is large.
• Obtain an explanation from the truant and establish the reasons. If an employee refuses to explain the reasons for absenteeism, especially in writing, then a report must be drawn up about this. The request for clarification may be handled by the personnel department or the truant’s immediate supervisor, again depending on the structure. If the procedure is entrusted to the head of a structural unit, then he draws up a memo addressed to senior management about the proposed disciplinary measures and the explanations received.
• Issuance of disciplinary action. This could be a sample order of reprimand for absenteeism, imposition of a fine or dismissal.

Reprimand and sample order of reprimand

Despite the fact that a reprimand and a reprimand do not have very serious differences, the latter turns out to be a more effective means.

It has a particularly negative impact on the employee in cases where the organization has introduced a system for recording such punishments, and if several reprimands accumulate, the citizen may be fired.

Of course, being reprimanded is not the most serious consequence of an absence, especially considering that information about it is not entered into the work book.

However, the HR employee will most likely enter this data into his personal card, and this will negatively affect the citizen’s reputation.

A reprimand is issued in the same manner as a reprimand; there are no fundamental differences in the procedures:

• drafting a report;
• writing an explanatory note;
• issuing an order;
• familiarization.

It is not surprising that the employer is forced to carry out the dismissal procedure in relation to citizens who maliciously miss work, while issuing comments and reprimands does not have the necessary impact on them, since in accordance with the law such workers cannot be punished financially, although, in the opinion of the majority , such a measure would be the most effective. In practice, it is still used, but not officially.

Request for an explanation

But, having drawn up the act, you should not rush to draw up a sample order of reprimand for absenteeism. The employee must be required to provide a written explanation of the reasons for his absence. First of all, the employee must be given the opportunity to justify himself. Maybe he had really good reasons for his absence or he needed time to collect supporting documents. It takes 2 days to prepare the document. If the employee has not submitted an explanatory note, then a corresponding act in free form is drawn up.

Registration procedure without debarment

If the employer decides to formalize the punishment, he will have to issue an order for absenteeism without dismissal. In this case, it is necessary to take into account the time frame, namely:

• Upon the fact of a violation, an explanatory note is taken from the truant;
• If the culprit refuses to explain his actions in writing within two days, an act must be drawn up;
• Only one penalty can be imposed for a misdemeanor.

The punishment is applied no later than 1 month from the moment it became known . The maximum period during which a penalty can be imposed is 6 months from the date of violation. If the absence lasted more than 1 day, the countdown starts from the last day.

Sample order

In addition to the heading, signature and date, the document must indicate the circumstances of the violation, what it was expressed in and what documentary evidence is confirmed. To make it easier to navigate how an order for absenteeism without dismissal is issued.

Filling Features

You must enter information accurately, namely:

1. “V.V. Aleksandrov, 1st category storekeeper of Housing Department No. 3 of the Repair and Operations Department branch, was absent from the workplace on May 03, 2021 from 08:00 to 17:00. He did not provide documents confirming a valid reason for absence.
2. Alexandrov V.V. grossly violated labor discipline, failed to fulfill the duties provided for in Article 21 of the Labor Code of the Russian Federation, as well as the internal labor regulations of the enterprise.”

Next you need to indicate other reasons:

1. Internal notes from employees and the immediate superior of the offending person.
2. Acts of absence from work.
3. Written explanation from the employee.
4. Working time schedule.
5. Other documents, for example, orders on previously imposed penalties.

If you are interested in the issue related to the date of dismissal for absenteeism, we recommend that you familiarize yourself with this material.

Next, in the middle, the word “Order” is written, after which the sanction for the truant and instructions to officials are indicated. For example, a personnel employee must prepare an order, send copies of it to interested parties, and the violator’s immediate supervisor must make changes to the work time sheet and familiarize the employee with the order.

Memorandum

The line manager, if a subordinate was absent from work, draws up a memo. The document displays the fact of absenteeism, the essence of the subordinate’s explanation and recommendations for disciplinary measures.

To the director of JSC...

Full name

(from) Head...name of structural unit...

Full name

"Memo"

I would like to bring to your attention that ... full name ... position of the employee ... date ... was absent from the workplace for ... hours, which is confirmed by the act dated ... date ... refused written explanations.

But since this is an isolated case, and the work experience is ... Full name ... at the enterprise ... years ..., I ask you to limit yourself to disciplinary action in the form of a reprimand.

Head of structural unit

Full name... signature... date

Fines and depreciation

If an organization practices a fine as a form of punishment for absences, its officials are thereby breaking the law. The Labor Code of the Russian Federation does not contain any indication of this type of punishment. This must be remembered by all people who find themselves in similar circumstances.

Events will develop differently if workers are deprived of bonuses for absences. Most companies use bonuses not only to reward citizens for good work, but also as a way of financial punishment for various violations, including failure to show up for work.

Based on established practice, it can be judged that issuing comments and reprimands does not have the desired effect on irresponsible employees.

Remember! Actions to deprive citizens of bonus money comply with the law, since the main condition for the payment of bonuses is the absence of violations on the part of the worker.

In this case, simultaneously with the deprivation of bonuses to the violator, the citizen may be sentenced in the form of a reprimand or reprimand.

Disciplinary action

For absenteeism, the Labor Code of the Russian Federation provides for the following disciplinary measures:

• warning;
• rebuke;
• dismissal.

The first two measures are moral and ethical influence and are most often applied to employees who are highly qualified specialists and have committed an offense only once.

Many enterprises also use material sanctions, for example, deprivation of bonuses. In fact, an employer is not always in a hurry to fire an employee.

What can you be punished for?

Disciplinary punishment is applied as a response to a disciplinary offense committed by an employee, which is Art. 192 of the Labor Code of the Russian Federation defines it as “non-fulfillment or improper fulfillment by an employee, through his fault, of the labor duties assigned to him.” In other words, any violation of an employee’s obligations set forth in an employment contract, job description or local regulations adopted by the organization can be considered a misdemeanor. The most common offenses are:

• violation of work schedule (lateness, absenteeism, premature departure from work);
• reporting to work in an altered state of consciousness (under the influence of alcohol, drugs and other substances);
• failure to comply with direct instructions from management;
• neglect of labor safety rules;
• inconsistency of work results with fixed quality criteria.

In fact, each company has its own list of typical violations, determined by its specifics.

Punishment without dismissal

So we've already looked at some samples. An order to reprimand for absenteeism is issued based on the explanations of the labor discipline violator. Absolutely all employees, regardless of position, can be held accountable. It should be remembered that only one penalty can be imposed for one violation. There is no standardized form for an order, but in practice certain requirements for this type of local document have already been formed.

Sample order “Reprimand for absenteeism”

Name and legal form

Order No.

Date and place of compilation

On imposing a disciplinary sanction

Due to absence from work... position... full name... for... hours... date...

I ORDER:

1. ... date ... considered absenteeism ... position ... full name.
2. Impose a disciplinary sanction on ... position ... full name ... in the form of a reprimand.
3. Please familiarize yourself with this order... position... full name for signature.
4. Control over the execution of the order is assigned to ... position ... Full name.

Reasons:

1. Job description of the head of the structural unit... Full name.
2. Explanatory note from the violator of labor discipline.
3. Or an act of refusal to provide an explanatory note.
4. Act on absence from work from ... date.

Head of the enterprise ... signature ... full name

I have read the order:

... position ... signature ... full name

The order must necessarily contain an administrative part with the following information:

• description of the violation;
• time off;
• a full description of the date and time when the absence occurred;
• the reasons for such behavior, if they were clarified from the employee;
• documents that formed the basis for drawing up the order.

The violator must be familiarized with the order within 2 days from the date of its preparation. At the employee’s request, he is given a copy of the order.

What is a remark and how is it issued?

By decision of the employer, a measure in the form of a reprimand may be applied to an employee who has missed a working day in whole or in part for the first time.

This is the mildest punishment, since even written recording is not necessary. Typically, a remark is made in the form of a conversation with the employer.

But for this procedure, appropriate design is provided:

• drawing up an act and memo about the absence of a worker;
• receiving an explanatory note from someone who missed work;
• issuing an order to reprimand;
• familiarization of the citizen with the text of the order.

Often, unscrupulous workers do not draw conclusions from the actions of the employer, who did not take serious measures against them and limited himself to a remark.

They regard his condescension as a sign of weakness and continue to practice regular tardiness and absences. In such cases, it would be reasonable to impose more severe sanctions on them.

Validity period of foreclosure

As a general rule, the validity period of a disciplinary sanction is 1 year from the date counted from the date of issuance of the relevant order. If during this period the employee has not committed another violation and a new disciplinary sanction has not been imposed on him, then it is automatically removed. Removal of the penalty in this case does not require the issuance of an additional order.

When an employee has committed a new violation, which is followed by disciplinary action, the validity period will already be calculated from the moment the last order was issued.

Based on what documents

The following may serve as grounds for issuing an order of dismissal for absenteeism:

• memo - this document is drawn up by the employee supervising the truant or his immediate superior addressed to the head of the organization and notifies of absence from the workplace;
• working time sheet - an appropriate mark is placed on it;
• an absence report from the workplace - on the first day of absenteeism is drawn up for both halves of the day, then - one for each day of absence of the employee;
• explanatory letter from the employee about the reasons for absenteeism;
• act of refusal to give explanations.

These documents are usually used as a set. The order of dismissal for absenteeism must be justified; it is necessary to have confirmation of the legality of the decision to terminate the employment relationship.

It is recommended to always draw up a report on the investigation of an incident or absence from the workplace, even if there is data from an automated system for recording attendance at the workplace, control of passes, a system for registering the arrival and departure of workers in a log, etc. Such systems due to the lack of the human factor do not allow you to hide the fact of absenteeism, however, they are also subject to malfunctions. In addition, failure to appear must be recorded on the working time sheet; entries therein are additional evidence of absence from the workplace.