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.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
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.
Important Tips
This is what experts advise if a person does not show up for work, as a result of which the question arises of how to fire him. It is better to wait for his appearance, ask for explanations, and after recognizing them as unsatisfactory, carry out the procedure.
Thus, if you have a question about how to fire an employee if he does not come to work (does not show up), and what to do in such a situation, then the answer is:
- It is necessary to follow the notification and clarification procedure in all its subtleties.
- After this, deal with the procedure for terminating the employment contract.
You should not start the process until you really find out the reasons, as this can be fraught with problems.
Instructions for filling out a certificate of absence from work
There should be no difficulties in filling out such a document.
For greater convenience, this procedure can be considered step by step:
- At the top, the document should contain a title that reflects its essence.
- Below is the date of registration and the city in which the act was drawn up. It is highly advisable to indicate the most accurate time.
- Then comes the main part, where the details of the person who is preparing the document are indicated. The witnesses, their names and positions are listed.
- Information about the employee in respect of whom the document is being drawn up is recorded.
- The very fact of the employee’s absence from the workplace is recorded. In this case, it is necessary to clarify exactly when he did not appear.
- Usually this document is drawn up when there is still no information about why the employee is absent. Therefore, it should be indicated that there is no information about the reason for non-appearance at the time of registration of the document.
- At the final stage, the document must be signed by all responsible persons. Usually this is the head of the personnel department, the secretary and other employees who took part in this procedure.
As for autographs, all witnesses must sign them. This is how they confirm that the information provided is correct and the employee was really absent from his workplace.
As you might guess, the document will not have legal force if at least one of the witnesses indicated in it does not sign. When entering information about this employee, it would be useful to indicate on what basis he holds his position.
If this is an employment contract, its number and date of execution are indicated. You can also report that the reasons for absence are unknown not only to the manager, but also to colleagues.
Sample certificate of absence from work in 2021
and sample
- Form
- Sample
Issuing a notification to clarify the reasons for absence
The document in question is drawn up in two copies: the first is sent to the address at the place of residence of the “truant,” and the second remains with the organization as documentary evidence.
The structure of the letter is as follows:
- name of the organization - indicated in the upper right corner of the document;
- standard details - the inscription “notification”, date, time and place of preparation;
- main text – contains a request to come to work and explain the reason for absence;
- manager's signature.
The absent employee must also sign at the end of the document.
An example of such a notification is shown in the figure:
The legislation does not provide for a form, so an organization has the right to create its own notification letter template in local regulations or regulations.
There are different transfer methods:
- by Russian post by registered mail (the receipt can confirm the date);
- personally (through colleagues or relatives);
- via telecommunication networks;
- via email.
The employee is given a time limit to respond - within two days. If this does not happen, it is advisable for the manager to resend the notification letter until the reason for the absence is clarified.
Is it possible to fire a pregnant woman for absenteeism? This is discussed in our article. How to fire someone for drunkenness? Find out here.
The employee does not show up, what should I do?
If many unsuccessful attempts were made to contact the employee, but it was not possible to obtain an explanation, or the reason for the misconduct turned out to be unjustified, the employer has the right to terminate the employment contract.
In this case, it is necessary to correctly complete all formalities and have irrefutable evidence. Otherwise, the court may reinstate the employee and demand compensation for days of absence.
What should the employer do:
- draw up daily reports on the employee’s absence from the workplace;
- record all absences for unknown reasons in the time sheet;
- keep copies of notices sent with a request to appear at work to clarify the reasons for absence.
Only if the listed actions are performed, judges can agree to the termination of the contract in absentia.
This is when the employer must issue a notice letter of dismissal for absenteeism. When completing the procedure, you must be guided by Article 81 of the Labor Code of the Russian Federation.
Is it possible to challenge the fact of absenteeism?
You need to understand that in most cases this act is drawn up in order to apply some kind of punishment to the employee. It is possible that the employee himself will not agree with this state of affairs, so he may go to court.
It is in court proceedings that the act of absenteeism from work will be considered as evidence of lawful actions on the part of the organization.
But still, the employee has the right to challenge the document in court proceedings. Although you need to be prepared to provide evidence of compelling reasons for your absence.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
In addition, the act may be declared invalid if the employee is not properly familiarized with it. It is highly desirable that these arguments be supported by various information, including documentary evidence.
If the employee proves that he is right, all charges against him will be dropped by a court decision. If failure to appear is the reason for dismissal, the court will oblige the employer to return the employee to work.
Although there are other situations. For example, an employee understands perfectly well that the blame lies entirely with him.
Accordingly, after drawing up the act, he cannot prove that he was absent for valid reasons. After this, the employee’s absence is considered absenteeism with all the ensuing consequences.
In such situations, the punishment is chosen by the employer himself. In most cases, this is a disciplinary sanction in the form of a reprimand, oral or written warning.
In special cases, for example, if this is not the first absence, or the employee has other serious violations of the employment contract, the employee may be dismissed.
It happens that the reason for failure to appear is a valid reason, and there is documentary evidence of this. In such situations, the employer drops all charges against the subordinate, and he continues to perform his job duties. In this case, the parties do not have any claims against each other, so the matter does not come to trial.
In general, the heads of organizations try in every possible way to avoid such serious conflicts that are resolved in court. After all, additional checks are often carried out during proceedings in organizations.
This is clearly not good for employers. Accordingly, in most cases, such proceedings begin precisely on the initiative of the employee, in whose opinion the punishment was imposed unfairly.
An application for temporary absence from work is a document that an employee sends to the employer if it is necessary to be absent for personal matters while working. The manager has the right to approve it or refuse it.
Definition according to the Labor Code of the Russian Federation
According to the Labor Code, absenteeism falls into the category of gross violations of their functional duties by a subordinate. The employer has the right to dismiss the violator on the following grounds :
- For missing 1 working day;
- For leaving service for 4 hours in a row;
- For leaving a job “for good”, without prior warning to management (if the employment contract is for an indefinite period);
- For leaving work before the end of the employment agreement or the expiration of the notice period for leaving (if the agreement was concluded for a specific period of time);
- For going on vacation or a day off without the employer's request.
It is possible to dismiss a subordinate for one of the above reasons only if it is proven that he did not have good reasons for this.
Reasons for absence from work
Workers are asked to take time off in most cases for several hours, sometimes for a day. The situation is not regulated in the Labor Code of the Russian Federation or other regulations, including labor law norms.
This means that they decide on the possibility of asking for time off and on how to write a statement for absence from work, taking into account specific circumstances. There are different reasons for taking time off from work; the employee receives permission from the employer in any case.
The boss is obliged (Article 128 of the Labor Code of the Russian Federation) to allow leaving the place of work if:
- you need to take time off for medical care;
- an emergency situation has arisen, including an emergency;
- the employee is invited to participate in the court hearing;
- registration of marriage or birth;
- death of a close family member;
- the employee belongs to the category of WWII veterans, disabled people, military family members, old-age pensioners who continue to work.
The employer should not, but has the opportunity to give the employee the opportunity to take time off from work due to family circumstances and other valid reasons - this is what Part 1 of Art. 128 Labor Code of the Russian Federation.
Truancy or not?
Absenteeism involves a prolonged absence of an employee without a valid reason. If an employee does not show up for work, how to fire him legally? After all, in case of absenteeism, unilateral termination of the contract is possible. But here it is necessary to correctly follow the entire procedure, which is prescribed in the Labor Code of the Russian Federation.
How to properly take time off from work
The basic rule that an employee must adhere to in order to take time off is not to go AWOL, but to write an application for temporary absence from work. This position provokes the boss to take disciplinary action. Here are the right ways to take time off from work.
Base | A comment |
Agreement | The simplest thing is to tell the truth at work. Concessions from the employer are possible if the employee is conscientious and shows good work results. If there are none, but you need to take time off from work, you cannot do without communicating with your manager. As compensation, the employee offers the boss to work out the missed time (at the end of the working day, on weekends). The more time a person compensates for absence, the fewer complaints the boss has. You should ask for time off in advance, not by phone, but in person. |
Statement | An employee sometimes needs several hours of work. In this case, you should ask for time off by writing an application addressed to the employer. If the boss does not mind, he will put an approving visa on the application. For the employee, this option will give him confidence that his action will not be classified at work as a violation of discipline. The administrative document is not published. |
Set lunch time | If necessary, the employee solves personal problems during the lunch period. There is no need to register an absence. Break for rest and food, in accordance with Art. Expert opinion Semenov Alexander Vladimirovich Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association. 106 of the Labor Code of the Russian Federation is the time when a person is free from performing work duties. He resolves issues without coordinating actions with his boss. |
If it is necessary to be absent for one or more days, the employee takes leave:
- without maintaining salary;
- annual (paid).
Why does the employer need an explanatory note?
For committing a disciplinary offense, that is, for culpable failure or improper performance by an employee of his labor duties, three types of disciplinary sanctions can be applied to him (Part 1 of Article 192 of the Labor Code of the Russian Federation):
- remark (the mildest measure of responsibility);
- reprimand (a more severe measure of responsibility);
- dismissal (the most unfavorable option for the employee).
The basic rights and responsibilities of an employee are named in Article 21 of the Labor Code of the Russian Federation. So, for example, he must conscientiously fulfill the labor duties assigned to him by the employment contract, comply with internal labor regulations, and labor discipline. Accordingly, if an employee is absent from the workplace, this may be regarded as a violation of internal labor regulations. If so, then for absence from the workplace (even just a few hours), the employer has the right to take disciplinary action against the employee.
Before issuing an order to apply a disciplinary sanction, a written explanation must be requested from the employee (Article 193 of the Labor Code of the Russian Federation). If there are no explanations, then disciplinary action cannot be taken. Indeed, on the basis of the received explanatory note about absence from the workplace, the employer must, in particular, establish the fact of the employee’s guilt and understand the circumstances of the incident.
How to make an application
There is no established application template. The document execution algorithm is as follows:
- In the header of the application, indicate the full name, position of the addressee, name of the institution, data of the originator.
- After the header, indicate the title of the document reflecting the essence.
- In the main part of the application, state the appeal, starting with the words, for example, I ask you to agree on absence from work, indicate the required date.
- Complete the document with the signature of the employee with a transcript, indicate the date of formation.
- If you have documents confirming the need to take time off from work, please attach them.
How to apply if there is a good reason?
It is necessary to inform your superiors about your planned absence from work, otherwise it may be perceived as absenteeism.
In order to notify the employer of the need to be absent from the workplace for a valid reason, it is necessary to draw up a special statement.
It is drawn up in free form; there is no need to use any generally accepted forms.
Exceptions are situations when the company has developed special sample statements of this nature.
The header of the application contains standard information - full name and position of the addressee, originator, name of the organization.
In some companies, documentation is issued in the name of the general director, in others - in the name of the employee’s immediate supervisor.
After the header, the full name of the application is indicated, reflecting its essence.
The main part of the paper includes the employee’s address, which usually begins with the words “I ask you.” The essence of the request is stated below.
If there is documentation confirming the need for absence from the workplace, a corresponding note is made in the application, and the paper is attached to the application.
In such a situation, the likelihood of its approval increases significantly. Such papers can be a referral from a medical specialist, an extract from an outpatient card, etc.
The application must also indicate the date of the expected absence. At the end, the employee puts his personal signature and its transcript.
Download sample for family reasons
statements of absence from work for family reasons – word.
Example if an employee needs to leave for a few hours
A statement of absence from work can also be drawn up if an employee needs not a day, but several hours of time off.
In such cases, documentation is prepared in a standard manner.
Changes are made only to its main part.
It is important to accurately reflect in it what hours the employee needs to be absent.
This period can occur either at the beginning or at the end of the working day.
If such a need arises, the application should indicate not only the date, but also the time of absence. For example, from 12.00 to 15.00.
statements about the need to be absent from work for 2 hours – word.
What to do if the employer refuses to accept the application
It is possible that a situation may arise in which the manager does not accept an application for absence from work. In this case, the employee can take several measures.
An employee is required to be given time off if he takes it out for the purpose of donating blood.
This is not only a noble act, but also an opportunity to get 2 additional days off, which the employer has no right to refuse.
These are the day of blood donation itself and the day following it. This period is subject to mandatory payment.
Also, Article 128 of the Labor Code of the Russian Federation establishes that the manager is obliged to remove an employee from performing official duties if such a need is related to:
- marriage registration;
- the birth of a child;
- the death of loved ones.
In addition, the following categories of workers have the right to be absent from work:
- working pensioners;
- WWII veterans and combatants;
- spouses and parents of law enforcement officials.
Useful video
In what cases does an employer have no right to refuse to provide leave without pay and what are the terms of provision according to the law, are described in detail in this video:
At your own expense
The employee has the opportunity to claim absence from work at his own expense. He fills out an application for 1 hour of absence, for several hours or for the whole day (Part.
1 tbsp. 128 Labor Code of the Russian Federation).
The duration is determined by mutual agreement between the employer and employee. The legislator does not establish a minimum and maximum duration of absence.
This means that the employee has the right to take time off for any period agreed upon by the parties.
This format is the right, not the responsibility of the manager. If the latter considers the reason not sufficiently valid, he has the right to refuse. At the same time, the Labor Code of the Russian Federation has identified a number of categories of employees whom, upon application, the manager is obliged to release for a period of established duration (Article 128 of the Labor Code of the Russian Federation).
The algorithm of actions is as follows:
- The employee fills out an appeal addressed to the boss. The document indicates the reason and date.
- The employer imposes a resolution.
- If management agrees, an administrative document on time off at one’s own expense is approved.
- The personnel service enters information into the T-2 card and into the time sheet.
How to properly issue a notice of dismissal for absenteeism in 2020?
The legislation does not oblige the “truant” worker to be warned in advance about the consequences of violating labor discipline. If the employer wishes to notify of the termination of the employment contract, a corresponding notice can be sent.
The legislation does not provide for a sample notice of dismissal for absenteeism. The document is drawn up on a blank A4 sheet.
The structure is like this:
- name of the organization in which the employee works;
- Full name, position and personal data of the employee;
- structural subdivision;
- title of the document – the inscription “notification”;
- Date of preparation;
- Full name of the addressee;
- main text informing the reason and date of dismissal;
- Date of preparation.
The text indicates the date of the last working day, the reason for termination of cooperation and a request to pick up the work book.
The document is certified by the head of the structural unit or the head of the company. The period for provision is 14 days.
You can download the standard document form here:
Form for notice of dismissal for absenteeism
The completed version is shown below:
You can record a notification letter requesting the reason for absence or dismissal for absenteeism in local regulations. For example, in the log book.
What is forced absenteeism? How to register an employee's absenteeism without dismissal? Find out here.
What is a lump sum pension payment? See here.
What should you pay special attention to?
The employer must remember that under a fixed-term contract it is impossible to dismiss certain categories of citizens, except in cases of liquidation of the company:
- pregnant employees;
- single mothers;
- guardians;
- women caring for children under 3 years of age.
If the organization has such employees, it is highly advisable to receive a written explanation of the disciplinary offense, try to find relatives, etc. If labor disputes arise, the court may come to their defense and demand compensation for days counted as absenteeism.
What else does a business manager need to know:
If a “truant” worker is dismissed in absentia, the trade union committee must be notified about the incident. When such a decision turned out to be a forced measure, they cannot challenge or prohibit the procedure for terminating the contract.
It is important to observe the 30-day period, after which it is too late to formalize the dismissal (if the employee has returned to duty). And if a disciplinary offense was discovered 6 months after the return of the dishonest employee, the incident is cancelled.
Application for time off for a previously worked day
The Labor Code of the Russian Federation does not contain the concept of “time off”. In practice, this period is defined as rest time, which is compensation for previously worked time or duty during non-working hours. Provided as compensation. It should not be confused with leave without pay, which is given due to personal reasons.
The procedure for obtaining permission to be absent from work is as follows:
- An employee makes a request to management.
- Indicates in the document the reasons for the need for absence.
- The employer issues an administrative document and familiarizes the employee with it.
What do you mean by truancy?
In practice, it happens that employees do not come to work or leave the workplace without permission. If there are no valid reasons for absence from the workplace, then this is considered absenteeism (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation). So, for example, absenteeism is absence from work:
- throughout the entire working day (shift), regardless of its duration;
- more than four consecutive hours during a work day or shift.
Absenteeism is a gross violation of labor discipline, which is punishable by dismissal. Moreover, you can fire an employee even for a single fact of absenteeism (“Dismissal for absenteeism: sample order for 2017”). An exception to this rule is absenteeism during pregnancy. A pregnant woman cannot be fired on this basis under any circumstances (“Pregnant Absenteeism”).
Let us remind you that the following situations are considered absenteeism:
- the employee went on vacation without permission or used his available days off without permission from the employer;
- the employee did not warn the employer about his voluntary dismissal.
Sample to leave for family reasons
Please give me time off on November 28, 2021 to attend my sister’s funeral.
In large enterprises where a large number of people work, it is difficult to control the process verbally. Therefore, when working with a team, special internal documentation is used. This includes all kinds of internal memos.
The reason for drawing up such a document may be the employee’s absence from the workplace. What is it for? How is it compiled? And who draws it up? We will answer all questions in this article.
Who draws up the document?
An official or report on absenteeism must be drawn up by a person who, by virtue of his position, exercises direct control over the work process and employees:
- Production workshop foreman.
- Senior nurse in a medical institution.
- Senior manager.
- Secretary who keeps time sheets.
- Manager of a store, warehouse.
- Head of department.
- And other similar officials.
In a large enterprise, it is unacceptable to simply tell the boss that such and such an employee was not there yesterday. Everything related to overtime, time off, absenteeism, sick leave must be reflected in the reporting documentation. Therefore, absenteeism must also be documented .
You can find out more about what a memo is and how this document is drawn up according to GOST here.
Is it necessary to issue a notice if an employee is absent?
If an employee is dismissed by the employer for absenteeism, this procedure is regulated by several provisions of the Labor Code of the Russian Federation.
pp. and clause 6, part 1, art. 81 of the Labor Code of the Russian Federation determines the appropriate grounds for dismissal. The departure of an employee occurs at the initiative of his employer.
Absenteeism is the absence of a working citizen from his workplace without any valid (valid) reasons. Moreover, this absence is stated in the following typical situations:
- The employee was absent from the place of his professional activities throughout the entire work shift or day. In this case, the length of the work shift or day does not matter. The reasons for such absence are not valid.
- The citizen was not at his workplace for more than 4 hours in a row during one work shift (one work day). This absence has no compelling reason.
Art. 192 of the Labor Code of the Russian Federation regulates the application of disciplinary sanctions in labor relations. So, part 3 of Art. 192 of the Labor Code stipulates that an employer has the right to fire an employee for absenteeism.
In addition to dismissal, disciplinary action may also include a reprimand or reprimand. However, a specific disciplinary offense committed by an employee can be punished with only one disciplinary sanction (Part 5 of Article 193 of the Labor Code of the Russian Federation).
Art. 193 of the Labor Code of the Russian Federation stipulates the procedure according to which an employer can dismiss an employee for absence from work:
- The fact that the employee committed this disciplinary offense is recorded.
- Within 2 working days, counted from the date of recording absenteeism, the guilty employee provides the employer with a written explanation of the fact of this offense. If such an explanation was not provided within two days, the fact of the absence of this explanatory note is formalized by an appropriate act. If a citizen does not explain his absence in writing, the employer can still fire him. These rules are established by Parts 1-2 of Art. 193 Labor Code of the Russian Federation.
- Management is conducting an internal investigation at the enterprise into the violation.
- The director of the organization issues an order to apply appropriate penalties against the guilty employee. We are talking about dismissing an employee for absenteeism. The dismissed employee himself must familiarize himself with this order against signature within 3 working days, counted from the day of its publication (in this case, the time the individual is absent from work is not taken into account). A citizen’s refusal to properly familiarize himself with this order is documented in an appropriate act. Such requirements are specified in Part 6 of Art. 193 Labor Code of the Russian Federation.
- The relevant information is clearly recorded in the work book of the dismissed employee.
Part 3 art. 193 of the Labor Code of the Russian Federation provides that, as a disciplinary sanction, the employer has the right to dismiss an employee for absenteeism within 1 month, counted from the day the violation was recorded.
When calculating the monthly period, days on vacation and sick leave are not taken into account. And part 7 art. 193 of the Labor Code of the Russian Federation determines that a citizen dismissed by an employer for absenteeism has the right to challenge such a penalty through the labor inspectorate or other authorized bodies.
The legislation does not force the employer to provide advance notice to the violator of his upcoming dismissal due to absenteeism.
Accordingly, this notice may be sent to the employee at the discretion of management. If the director of the organization refrains from giving advance notice, this will not be considered a violation.
As a rule, such a notification is sent to an absentee employee if he does not come to work for a long time for unknown reasons, and it is also not possible to establish remote communication with him (for example, by phone). Under such circumstances, it will be difficult to obtain the required explanation from the culprit.
Therefore, the purpose of sending such a notice is to notify the person about the termination of the employment relationship with him.
How to issue a letter of dismissal for absenteeism?
Considering the optional nature of such notification, the letter is drawn up without following clear rules. It is enough to take into account the general principles of document flow.
To issue a notice of dismissal, you must provide the following information:
- Employer information. The name and address of the company, full name of the director, and official contacts are indicated here.
- Details of the paper itself (outgoing number, date of preparation).
- The name of the document, which reflects its semantic meaning.
- Details of the dismissed employee (full name, previous position, contacts, address).
- Clear wording of the notice. It must be indicated that the recipient of this notice was fired due to absenteeism. In this case, it is necessary to indicate the legal basis for termination of the employment relationship (clause a, clause 6, part 1, article 81 of the Labor Code of the Russian Federation).
- Date of dismissal.
- Decrypted signature of the director.
It is recommended that such notice be sent to the truant in two copies. One is for the addressee. The second is for return to the employer with a signature for familiarization.
.
Primary requirements
The explanatory note about absenteeism must include the following information:
- The name of the department, division in which the paper is compiled.
- The title is “Official (report) note.”
- Date of preparation and document number.
- Full name and position of the person being addressed.
- Full name and position of the absentee worker.
- Full name and position of the compiler.
- Date and time of the employee's absence. If the employee was absent for the entire working day, indicate the time from which and until what time he should have been in his place.
- Measures taken. For example, calling an employee to find out the reason for absence.
- The conclusion includes conclusions about the incident and a proposal for disciplinary action.
The presentation must adhere to a strict business style.
Who should write the report?
The law does not determine which employee is given the right to draw up a report on the absenteeism of another. In theory, anyone can do this. In practice, it is necessary to observe the principle of subordination.
In this regard, reports are usually drawn up by the truant’s immediate supervisor. He knows his subordinates best, and it is he who should, first of all, try to find out why one of the employees did not show up for work.
If the manager is inactive, then any other employee can write a note. For example, the absence of an intruder affected the performance of another department (the adjuster did not show up, and because of this, the work of the workshop or machine stopped). In this situation, the “injured” party may submit a report to the manager.
If the enterprise is small and there is no division into departments, then a personnel officer or a specialist responsible for maintaining time sheets can draw up a report - after all, by the nature of his duties, he must record the appearance or absence of each employee in the documents drawn up.
How to compose?
In content and form, a memo resembles a statement . Therefore, its structure is similar.
In the upper right corner you need to create a “header” indicating the data to whom and from whom.
Example:
“To the Director of OJSC “Kvadrat” Kondratyev Kondrat Kondratovich From the senior manager Nikolaev Nikolay Nikolaevich.”
The name of the structural unit is written in the upper left corner.
Example : “Sales department”.
Expert opinion
Semenov Alexander Vladimirovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
Heading in the middle. The top line is a memo, the bottom line is about the employee’s absence from the workplace. Both lines must be capitalized .
After the heading “Official (report) note” write the date and document number. Next, the fact of absence is stated, with a clear time period, and the clarified reasons for the absence.
Example: “I would like to bring to your attention that an employee of the sales department, Petrov Petrovich, was absent from the workplace on May 5, 2017, for the entire working day from 8 a.m. to 6 p.m. I took measures to find out the reason for the absence in the form of a call to Petrov’s mobile phone.
When he answered, he said that there was a water supply failure in his apartment, due to which he was forced to stay at home.”
Example : “Please take the stated facts into account and reprimand the sales department manager P.P. Petrov.”
Mitigating circumstances - the employee explained the reason for his absence with a valid reason, and also, if this happens for the first time, there are no other complaints. In this case, the originator may request that no disciplinary action be taken.
Example : “I ask you not to take disciplinary measures against the sales manager Petrov P.P., since such an incident happened for the first time, and the authenticity of the stated reason for absence is confirmed by a certificate from the Housing Office about the breakdown of the water supply system at Petrov’s residence address during the specified time of his absence.”
Aggravating facts - repeated or multiple absences from work, complaints about the performance of duties, etc. Such circumstances may become the basis for a reprimand, penalties, and even dismissal.
Example : “A similar situation has happened for the 4th time in the last six months, the previously indicated reasons for absence were not confirmed, and such behavior of P.P. Petrov. leads to disruption of work plans and losses.
In this regard, I ask you to fire sales manager P.P. Petrov. in accordance with paragraph.
6 tbsp. 81 of the Labor Code of the Russian Federation for absenteeism.”
At the end, the compiler indicates the position, personal data and signs . Between the statement of the fact of absenteeism and the request for the application of measures, there may be a paragraph with an analysis of the situation.
Example: “In the last 3 months Petrov P.P. I was often late for work and arrived with traces of a hangover.
From which I can conclude that Petrov’s absence from work is associated with excessive alcohol consumption and has no valid reasons.”
You can find out about the rules by which an official memo is drawn up, as well as see a sample document, in a separate material, and in detail about the rules for preparing official memos according to GOST, as well as what requirements apply to their writing, read here. .
Features of dismissal of a truant
Unlike dismissal on personal initiative, parting with a truant worker requires compliance with regulations and going through stages that involve an attempt to communicate with the absentee and obtain an explanation.
Before dismissing a truant worker, you must make sure that his actions qualify as a violation of labor discipline and there is no reason to assume that there are objective valid reasons that forced the employee to be absent from the workplace.
The documentary basis for terminating a contract with a truant worker will be an official request for an explanation of the reasons for non-appearance, sent to the employee the day before. In the absence of feedback or provision of unclear explanations, management reserves the right to terminate the employment contract on the basis of Art. 81 labor legislation.
Despite the lack of clear explanations under what circumstances an employee has the right to be absent without prior agreement with the employer, there are clear indications of what is considered absenteeism, giving the right to unilateral termination of the contract:
- absence from work for the whole day;
- 4-hour absence, excluding lunch time;
- violation of the working day regime established at the enterprise more than 3 times during the year.
The violator is dismissed with an entry in the work book with reference to clause 6, part 1 of Art. 81 Labor Code of the Russian Federation.
Sequencing
The procedure is presented in several stages:
- After absence from work, the administration records the fact of violation by drawing up an act, memo, or report.
- Based on the submitted document, management initiates proceedings and sends an official request to the absent person about the reasons for absence (according to Article 193 of the Labor Code of the Russian Federation).
- When receiving feedback, the explanations provided are reviewed to determine if the reason is valid. If they are considered disrespectful, or if no explanation is received from the employee, management decides to impose a penalty. An employee cannot be fired for a single absence from work; usually, they are limited to a reprimand. In case of systematic violations (3 times or more in the last year), the administration has the right, on its own initiative, to dismiss the truant.
- The manager orders the issuance of an order to terminate the contract with the offender and sends it to the employee for review.
- When an employee hides or refuses to sign a document, the relevant services of the enterprise draw up a statement of refusal.
- Next, they make the last entry in the employment record with reference to dismissal under the article, prepare payroll and documents for transmission to the employee.
Request for explanatory note
- How to write an explanatory note about being late
When the offense has already been committed, the employer needs to make sure that the failure to appear is not related to illness or other important circumstances in which the person is physically unable to attend work and perform duties.
To do this, a letter is sent to the employee requesting an official explanatory note.
The structure of the request letter requires the indication of all important parameters and circumstances, but there is no separate form for such a document.
As a rule, the request is written in the following sequence:
- The number assigned during document registration.
- Date of preparation.
- Name of the form.
- Information about the organization (including addresses and contacts).
- Information about the recipient (position, full name, address).
- The main part with a statement of the fact of absence, recorded in the act, the duration of the absence, the wording “without specifying the reasons.”
- Next, they formulate a requirement to appear to give explanations within 2 days.
- In order to have grounds for subsequent dismissal, further in the text they warn about the consequences of ignoring the employer’s requirements.
- The document is signed by the head of the enterprise, indicating the position and decoding.
After drawing up the paper, a problem arises with conveying information to the attention of the absent employee. Since notice of dismissal for absenteeism requires urgent communication, a telegram or valuable letter of notification is sent to the absentee, or transmitted by e-mail or other means of telecommunication.
If it is impossible to find a person at the address indicated in the documents, they look for relatives or friends and send a request to medical institutions. After unsuccessful attempts, the administration has the right to initiate dismissal with the condition of possible cancellation if the person appears at a later date, providing evidence of good reasons.
It is in the interests of the employer to find out the reason for the absence, since otherwise there is a risk of challenging the dismissal and filing a lawsuit demanding reinstatement and payment of compensation for the period of absence.
How is a document about an employee’s absence from work prepared?
The organization can stock up on specially designed printed forms for filling out, but you can write a memo on an A4 sheet, adhering to the necessary rules. The document is signed by the originator himself; a seal is not required unless otherwise stated in the charter of the enterprise.
However, such documentation is recorded in the register of the secretary or the department itself.
Deadlines
A memo about absenteeism is not drawn up on the day of absenteeism ; first, absenteeism is recorded in the time sheet. The employee is notified of this and given 2 days to provide an explanation for his absence.
During this time, a citizen can prepare supporting documents, for example, a certificate from the housing office stating that there was an accident in his apartment, and work was carried out to eliminate it (for details on how to write a memo to the director, as well as how to correctly draw up an explanatory note, read this article).
The certificate must indicate the time of the incident. If after 2 days the employee has not provided explanations and evidence, then a memo is issued indicating all the facts.
Example
Nothing explains it better than a clear example . For this purpose, a form for such a document was drawn up in compliance with all rules and appropriate content.
Repair shop To the head of the repair shop Borisov Boris Borisovich From the shift foreman Egor Egor Egorovich
Service memo No. 123 dated December 15, 2017 On the absence of an employee from the workplace
I would like to bring to your attention that the mechanic of the repair shop, Sergey Sergeevich Sergeev, was absent from work on December 12, 2017, for the entire work shift from 7:00 to 15:00.
When trying to contact him by phone, Sergeev did not pick up the phone. The next day, Sergeev went to work on time and provided a certificate from the traffic police stating that he was involved in an accident and was detained until the circumstances were clarified until 13:00.
Since there was little time left until the end of the shift, Sergeev decided not to go to work at all.
Due to the fact that the repair shop mechanic Sergeev S.S. did not answer calls, and also did not take measures to warn me about the reason for his absence, I ask you to reprimand him.
Shift foreman Egorkin E.E. (signature)
Examples of explanatory notes
There is no form of explanatory note about absence from work. Explanatory notes are drawn up by the employee in a free format. Moreover, it is impossible to talk about some kind of universal explanatory text, since it is formed in each specific case at the discretion of the employee. Let's just give a few samples based on specific examples.
An employee can write an explanatory note “by hand” or print it on a computer. In any case, his handwritten signature is required.
The worker got into an accident
Let's assume that an employee was absent from work due to a traffic accident. Here is an example of his explanatory note:
General Director of Lobzik LLC K.V. Lobzikov
from sales manager V.B. Stolyarov Explanatory note about absence from work In accordance with notification dated 04/14/2017 No. 2 about providing written explanations for the fact of my absence from work for more than four hours, I report the following: 04/13/2017 from 9.00 to 14.00 I was absent from the workplace due to traffic transport accident.
I am attaching a copy of the accident report. Sales Manager____________Signature____________Stolyarov V.B.
Family circumstances
Many employees are absent from work due to family circumstances. Here is an example of such an explanatory note:
General Director of Lobzik LLC K.V. Lobzikov
from sales manager V.B. Stolyarov Explanatory note about absence from work I, Stolyarov Viktor Borisovich, on April 13, 2021, in the morning, could not come to work on time, because my school friend called me and asked me to babysit her child.
She urgently needed to go to the hospital, and there was no one to look after her fourteen-year-old child. My childhood friend returned home only at 11 o'clock. When I got to work, I decided to go straight to lunch so that I wouldn’t have to leave my workplace until the evening. I couldn’t call work or write to my boss on Whatsup and notify him that I would be late, since I had lost my iPhone the day before. I believe that I did not commit absenteeism, since I was absent from work for a good reason. Helping close friends is important! Sales Manager____________Signature____________Stolyarov V.B.
Cool explanatory
Some employees are not afraid to appear creative and, even under the threat of disciplinary action, write rather funny and unusual explanatory notes. Here are a couple of samples: