We write a notice of dismissal for absenteeism (sample to fill out)

Sample letter of notice of dismissal for absenteeism

There is no special form for the notification letter; the document is drawn up in free form in two copies.
One copy is sent to the employee, and the second is stored in the organization. The notification must contain:

1. Document Number.
2. Date of compilation.
3. The title of the document is “Notification”.
4. Information about the employer including name, actual address, contact phone number.
5. Information about the employee to whom the letter is sent (full name, position, address).
6. The main text of the letter, which states:

   
   The fact of absence from work, documented.

7. Absenteeism time (number of hours or days). Example: “Due to absence from work during the period from March 15, 2021 from 10.00 to 16.00 without providing reasons...”.
8. The requirement to provide comprehensive information about the reasons for absenteeism.
9. Deadline for providing explanations (2 days). Example: “... we ask you to come to the HR department of Rabota LLC at the address Moscow, st., within two working days. Petrova 23 to provide explanations."
10. A warning that if an employee fails to appear to explain a disciplinary violation, the employer reserves the right to begin the procedure for terminating the employment contract in accordance with clause 6.1 of Article 81 of the Labor Code of the Russian Federation.
11. Signature and seal of the manager.

A unified sample notice of dismissal for absenteeism has not been approved (nor is there a requirement to send it to the employee in principle). Therefore, the employer can draw it up in free form and, at his discretion, choose the communication channel through which he will send this notification (postal mail, e-mail or the use of other means of correspondence).

The following letter structure can be suggested:

• outgoing number and date of notification;
• information about the sender: the name of the employer, his data as a legal entity, contact information (another option is to place the notice on the organization’s letterhead);
• information about the addressee: full name and position of the dismissed employee, his postal address, telephone numbers;
• text of the notice of dismissal: reasons, reference to the rule of law, date of termination of the employment contract;
• signature of the authorized person, his position and name;
• a note indicating that the employee has read this notice (it is assumed that the employee will put his signature on the second copy of the notice and send it to the employer).

But even if the employer complies with the entire procedure, the court has the right to declare the dismissal illegal (for example, because the reasons for absenteeism were valid, which the employer did not take into account), see the explanations in paragraph 53 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2. We also recommend that you read in addition to our article Compensation for forced absence due to illegal dismissal.

So, you can notify an employee who does not show up at work for some time and does not get in touch by sending a special letter. However, sending such a notice is not provided for by law and is done only at the initiative of the employer. The employer draws up a sample notice of dismissal for absenteeism in free form.

If an employee does not show up for work without good reason, he can be fired for absenteeism. However, before doing this, the subordinate should be informed of the decision made. To do this, a special written notice of dismissal for absenteeism is sent.

Employee absenteeism

Absenteeism is considered to be the absence of an employee from the workplace without a valid reason for 4 hours in one working day, according to paragraphs. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation .

Also, absenteeism is the absence of an employee from work without good reason during the entire working day (shift), regardless of its duration.

It is important for the employer to understand that in court it is possible to check whether the employer’s decision is lawful, according to the Constitutional Court of the Russian Federation of January 26, 2017 N 33-O .

Those. recognition of the reason for the employee’s absence from work as unjustified dismissal may be challenged.

According to the Labor Code, absenteeism is classified into categories:

1. Classic truancy . In this case, the employee can be found or he himself appears at the workplace and also contacts his superiors. Sometimes in this case, the administration simply offers to write a statement of your own free will, so as not to spoil your reputation.
2. Long walk . The employee is absent, he cannot be found, there is no contact with him, and there is no information about his whereabouts. In this case, you can fire someone for absenteeism, or you can fire a person if the court recognizes him as missing.

You should act differently in such situations.

Classic truancy

If the employee shows up after absenteeism or you know exactly his whereabouts, you should request an explanation in writing.

The offender has a deadline of 2 days .

If during this time he does not write the paper, the employer is obliged to draw up an act that indicates the refusal to write an explanatory note.

There must also be a document confirming that the employee was absent from the workplace.

Only after drawing up such papers, as well as receiving an explanatory note, the employer has the right to dismiss the employee. It is important that the reason indicated in the note cannot be considered a valid reason for absenteeism.

If the employer considers it necessary to dismiss an employee, he must prepare a corresponding decree, on the basis of which an entry is made in the work book.

A situation cannot be considered absenteeism if the employee does not show up for the following reasons:

1. Disease. The only condition is that you must have a doctor’s certificate on hand.
2. Execution of public actions.
3. Blood donation or medical commission.
4. Death of a close relative.
5. Car accident.

For all of the above reasons for absence from work, there must be documentary evidence, otherwise the employer has the right to apply disciplinary sanctions in accordance with the Labor Code of the Russian Federation.

They also have the right to dismiss an employee if after some time the administration can prove that the documents for a valid reason were forged, and the employee rested during his absence.

Long absence

If an employee is absent from work for a long time, the law clearly defines the procedure.

It is clear that the employee will not provide any explanations for his absence. The only option to obtain such a paper is to request it by mail, sending a letter to the place of residence of the offender.

The employee has 2 days (plus the time it takes for the letter or telegram to arrive) to explain his absence from the workplace.

If he does not respond, the employer is obliged to draw up a corresponding report. After this, you should issue a notice of dismissal for absenteeism.

How to convey to an employee?

Absenteeism, by law, is the absence of an employee from the workplace for more than four hours in a row or during the entire shift, regardless of its duration, without good reason and prior warning to management.

Such behavior is considered a violation of labor discipline. The possibility of terminating a contract with an employee for absenteeism is provided for in subparagraph “a” of the sixth paragraph of Article No. 81 of the Labor Code of Russia.

The law does not specify how many days of absence from the workplace without a valid reason may result in dismissal. The employer has every right to terminate the employment relationship with the employee even if there is one absenteeism.

But as a rule, for a one-time violation of the work schedule, the head of an enterprise punishes a subordinate with a reprimand and deprivation of a bonus. In case of regular absenteeism, employers terminate the employment contract with the employee. This procedure is carried out according to a specific algorithm.

Labor legislation does not oblige the employer to notify the employee of the upcoming dismissal for absenteeism. But the manager is still recommended to inform the subordinate about the decision made.

This will help avoid misunderstandings with dismissal in the future. It is the responsibility of the HR department to notify the employee.

If a subordinate is absent from work for an unexcused reason and it is not possible to notify him personally, then a letter is drawn up and sent to the violator of labor discipline by mail.

Expert opinion

Irina Vasilyeva

Civil law expert

Dismissal for absenteeism must be applied to a subordinate no later than one month from the date of violation of labor discipline. It is better to warn about the severance of the employment relationship in advance, at least three days in advance.

The letter must be received as soon as possible after the violation is recorded, so sending it by regular mail is impossible. Most often, a registered telegram or a valuable letter is sent with a signature confirming receipt and reading.

If the notification is not received by the employee, then the organization is obliged to take all possible measures to find him through relatives, friends or medical institutions.

If it was not possible to find the employee, then the dismissal procedure is carried out without his explanation. However, dismissal may be canceled if the employee appears and provides evidence of valid reasons for absence.

Why an employee might disappear and how to find out the reason

An employee's sudden absence or a long period of time does not always mean that he does not come to work without a good reason. For example, he could have an accident and be in intensive care, end up under arrest for an offense, and be forced to urgently fly to a sick relative without having time to notify the employer.

Therefore, if he subsequently appears with an explanation of the reason for his absence and it is valid, the dismissal will be considered illegal , and the employee will have to be reinstated.

IMPORTANT!

Even if the reason for the employee’s absence is unjustified, it does not give the employer grounds for the dismissal option he has chosen. The termination of the employment relationship is considered illegal. For example, when an employee was under investigation and sentenced to prison, and he had previously been fired for absenteeism.

Although the Labor Code of the Russian Federation does not establish the employer’s obligation to look for an employee who did not come to the workplace, before dismissing the missing person, you need to:

1. Make calls to all known employee numbers.
2. Pay a visit to his residence address.
3. If possible, talk to your neighbors.
4. Talk to his colleagues.
5. Send notifications to all known postal addresses of the employee about the need to provide explanations in connection with absence from the workplace, warning about the possibility of dismissal for absenteeism in case of failure to appear (documents are sent by registered mail with acknowledgment of delivery).
6. If you are unable to contact the employee using any of the above methods, you can write a wanted report to the police.

It is in the employer’s interests to wait for the absent employee to appear and receive written explanations from him about the reasons for his absence. If they turn out to be valid, the dismissal may not take place. Otherwise, termination of the employment contract is applied under clause 6, part 1, art. 81 of the Labor Code of the Russian Federation as a disciplinary sanction for absenteeism. In this case, it is necessary to strictly observe the rules for bringing this disciplinary action.

IMPORTANT!

If an employee does not appear for more than 1 year and if there are sufficient grounds for this, the employer has the right to apply to the court to declare him missing or dead (Articles 42 and 43 of the Civil Code of the Russian Federation). If an appropriate decision is made, the citizen may be dismissed under clause 6, part 1 of Art. 83 Labor Code of the Russian Federation.

In practice, the employer makes the decision whether to wait such a long period of time independently based on the moral qualities of the absent person, his characteristics from his immediate superiors, all the circumstances of the disappearance and available documents indicating the citizen’s dishonesty.

Further actions

To establish all the circumstances of absenteeism and ensure the legality of the dismissal procedure, management must carry out the following set of actions:

• on the basis of the act of absence from work, an administrative act is issued to conduct an internal investigation;
• the order determines the grounds for the inspection, the composition of the commission and other responsible persons, and the timing of the investigation;

Sample order to conduct an internal investigation

• the citizen is invited to submit written explanations, including providing evidence of valid reasons for absence from work - the Labor Code of the Russian Federation allocates no more than two days for this;
• if the employee was unable to confirm the validity of the reasons for absence, or avoided giving explanations, the commission records this point in the investigation materials;
• Based on the results of the inspection, the commission’s conclusion and the investigation material are transferred to the head of the enterprise - he must decide on the possibility of using dismissal as a disciplinary measure.

When conducting an investigation, difficulties may arise with giving the citizen notification of the commenced investigation and the need to provide explanations. If an employee files a lawsuit for illegal dismissal, the manager will have to prove that the right to defense was not violated. If a specialist refuses to sign the notification or avoids receiving it, a commission act can be drawn up with the participation of representatives of the enterprise. If a citizen is on vacation or sick leave, the document can be sent by mail.

The text of the notification must indicate the following points:

• employer's name;
• information about the employee, indicating his position and structural unit;
• the basis for the investigation is an order from the manager;
• the reasons why the citizen is asked for explanations - the identified fact of absence from work, indicating the date and time period during the day;
• the period within which explanations must be submitted (at least two days).

Dismissal for absenteeism is made on the grounds specified in subparagraph. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

The general scheme of the employer’s actions in this case can be outlined as follows:

• Recording the fact that an employee has committed a disciplinary offense (drawing a report, act, memo). The article Act on the commission of a disciplinary offense by an employee - a sample will allow you to understand all the intricacies of drawing up such a document.
• Requesting written explanations from the employee (Article 193 of the Labor Code of the Russian Federation).
• Conducting an internal investigation and making a decision by the employer on the application/non-application of disciplinary measures to the employee. Articles What is the period for conducting an internal investigation? and a sample report of an internal investigation at an enterprise will allow this stage to be carried out without errors.
• Issuance by the employer of a dismissal order (if a corresponding decision has been made). The employee must familiarize himself with the order and sign this in the order (otherwise, an act of refusal to familiarize himself with the order is drawn up).
• Making an entry about dismissal for the appropriate reason in the employee’s work book (how to do this correctly, see the article Dismissal for absenteeism - a sample entry in the work record), final settlement with the dismissed person.

After receiving the explanatory note, you must take the following actions:

1. Based on the reasons indicated by the employee, his immediate superior must draw up a memo addressed to the general director of the company. In this note, the manager expresses his opinion as to whether the reasons for absence from work that the employee wrote in his explanatory note are valid.
2. Based on the report, as well as the explanations of the “truant,” the organization’s top management makes the final decision.
3. Execution of the decision made.

If the employee has not responded in any way to the request to explain the reason for his absence, and also continues to not show up for work, then the employer has the right to proceed with the process of removing him from his position.

In this case, a notice of dismissal for absenteeism must be sent to the employee, which is drawn up in any form. It is prepared in two copies, one of which remains with the employer, and the second is handed over to the dismissed person.

So, such a letter should include the following information:

1. Information about the organization (name, address, etc.), as well as information about the addressee.
2. Registration data (No. and date).
3. Document's name.
4. Grounds for dismissal with appropriate reference to the legislative norm.
5. The date from which the employment contract will be considered terminated.
6. Signature of the General Director.

In addition, the notification must also contain a note from the violator that he/she has read the document.

Making an order

Regardless of the grounds for dismissal, it must be formalized by an order issued on behalf of the organization’s senior management. This condition is specified in Part 1 of Art. 84.1 Labor Code of the Russian Federation.

The order is prepared in form T-8, which includes the following items:

1. “Document header” - here the name of the company, number according to OKUD, OKPO, registration data of the paper are indicated.
2. Full name of the order.
3. The number and date of conclusion of the employment contract, as well as the date from which it will be considered terminated.
4. Full name, position and department in which the offender worked.
5. Reason for termination of the employment contract (must contain a reference to the legislative act).
6. Grounds (here the date and number of the explanatory letter, absence from work report, memo from the head of the department, etc. are sequentially indicated).
7. Signature of the general director and the dismissed employee indicating that he has read the order.

Please note that at the very bottom of the document the details of the union’s written opinion are also indicated.

There are cases when an employee does not show up at the workplace without a good reason. And then the acute question is whether to fire him or not. When a decision is made, it is necessary to send the employee a sample notice of dismissal for absenteeism. In rare cases, such an alert may need to be sent multiple times.

How to write a notification correctly?

Notice of dismissal for absenteeism is drawn up in any form. It is possible to design by hand or using a computer and printer. Be sure to adhere to a certain structure and indicate all the necessary information.

1. a cap. Information is provided about who and from whom the notification is sent, the date and place of preparation. The name of the organization is located at the top of the sheet in the center. To whom the document is addressed is indicated in the upper right corner of the sheet. The date and place of compilation are written just below in a row;
2. Name. It should be in the center of the sheet with a slight indent from the header. There is no period at the end of the name;
3. main text. Located under the title, on a new line. The employee is notified of dismissal, reasons, grounds;
4. conclusion. Date and signature, surname and initials of the head of the organization. The conclusion is placed below the main text on one line in a row. There is also a space provided for the employee’s signature.

The following information must be provided:

• surname and initials of the company director;
• name of company;
• last name, first name, patronymic in full of the employee to whom the notification is sent;
• Title of the document;
• date and place of document preparation;
• the name of the unit, department in which the person works, position;
• reason for dismissal;
• reference to labor legislation;
• a list of documents that confirm the fact of absenteeism;
• number and date of execution of the employment contract;
• please pick up your work book and cash payments or agree to send them by mail;
• company seal (if available);
• number of terminations of employment;
• personal signature of the head of the company.

The notification is sent to the employee by mail or courier in an envelope, indicating on it the information of the addressee and addressee. The letter can be written directly by the head of the enterprise or by his secretary or HR department employee. The document must be sent within two weeks from the date of its execution.

Let's consider the algorithm of actions of the organization's management when dismissing an employee for absenteeism:

1. 
   Proof of the employee's absence must be taken care of. For this purpose, an act is drawn up, which is certified by several witnesses. Other employees may be witnesses.

2. The immediate supervisor of the dismissed person draws up a report addressed to the main head of the organization with an attached certificate of the employee’s absence from the workplace.
3. In some cases, on the day of absenteeism, an order may be issued to schedule an official check, which is aimed at finding the absent person (calling relatives and friends).
4. A notification letter is sent to the employee's address with a requirement to provide a written explanation within two days from the date of absence (excluding weekends).
5. If there is no response to the notification, then a report on the lack of explanations on the part of the violator is drawn up, which is also certified by witnesses (Article 247 of the Labor Code of the Russian Federation).
6. An order to apply a disciplinary sanction is issued (no later than a month), which is also sent to the employee against signature.
7. A dismissal order is issued.

Article 247 of the Labor Code of the Russian Federation. The employer's obligation to establish the amount of damage caused to him and the cause of its occurrence

Before making a decision on compensation for damage by specific employees, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence. To conduct such a check, the employer has the right to create a commission with the participation of relevant specialists.

Requiring a written explanation from the employee to establish the cause of the damage is mandatory. In case of refusal or evasion of the employee from providing the specified explanation, a corresponding act is drawn up.

The employee and (or) his representative have the right to familiarize himself with all inspection materials and appeal them in the manner established by this Code.

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.

This is interesting: Legal advice on wages online. Free assistance from a lawyer on wages and non-payments

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.

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.

Writing example

If the manager is faced with the situation for the first time of the need to notify an employee about the termination of his employment relationship for a long absence from the workplace for unexcused reasons, then it is better for him to use an example when drawing up the document. A sample notice of dismissal of an employee for absenteeism is given below.

Limited Liability Company "Vector"

Sales Manager

Vasiliev Evgeniy Olegovich

October 22, 2019 Moscow

Notice of dismissal

Evgeniy Olegovich, we inform you that due to your absence from work in the period from 10/16/2019 to 10/21/2019 and failure to provide an explanation of the reasons for absence from work, labor contract No. 255-td, concluded on 10/15/2018 will be terminated on 10/25/2018. 2019 in accordance with subparagraph “a”, paragraph six of Article No. 81 of the Labor Code of the Russian Federation.

General Director of Vector LLC (signature, seal) Simakin A.D.

This notice has been reviewed by (date, signature) Vasiliev E.O.

When you can’t fire someone for absenteeism

Photos of an employee who was supposed to be at work at the time of the shooting were published on social networks. The organization conducted an inspection. The employee claimed that his supervisor allowed him to leave before the end of his shift that day. The employee filled out the leave application form at his own expense and left it on the boss’s desk, as was customary at the enterprise. Since the HR department did not receive an application, he was fired for absenteeism. He challenged the punishment.

The first and second instances supported the organization. The employee's leave has not been formalized. He left his workplace without good reason for more than 4 hours. But the RF Armed Forces did not agree with them. The courts had to take into account and verify the employee’s arguments that the manager verbally agreed to provide leave upon application. Under such circumstances, you cannot be fired for absenteeism.

The case has been sent for a new trial; for more details, see the ruling of the Supreme Court of the Russian Federation dated August 24, 2020 No. 18-KG20-37 at the link above.

Safety net when sending a letter

A letter of dismissal for absenteeism can be sent to an employee in different ways. Today, more and more managers are resorting to sending via email. This is not the best option for notifying an employee.

It is important to obtain confirmation that the employee is familiar with the decision of the company administration. To do this, the employee must personally sign the notice.

Therefore, it would be more logical to use registered mail or courier. Also, insurance is possible by handing the notice personally to the violating employee by an employee of the HR department against signature.

To be on the safe side, you can send the employee two copies of the notice and ask him to sign on one of them as confirmation of familiarization and send it back to the company.

It is important to register the document being sent in the outgoing correspondence journal. It is recommended to draw up the notice in two copies: one for the employee, and the second for the enterprise.

Thus, a notice of dismissal of an employee for absenteeism is drawn up in any form on sheet A4. It is recommended to adhere to a certain structure and writing rules. The document is issued to the employee personally against signature.

If a subordinate is absent from work, then the notification is sent by registered mail, courier, or transmitted through colleagues in the workshop or a representative of the human resources department. It is important to obtain confirmation that the employee is familiar with the document. To do this, he must put his signature on the notification letter.

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.

Recording employee absenteeism

Immediately after detecting absenteeism, the subordinate should be contacted and, if possible, the reason for the absence should be clarified. If the employee does not get in touch or the arguments he gives are not convincing enough, then the fact of the violation should be recorded.

As a rule, absenteeism is recorded by the head of the department in which the absentee works. To do this, a corresponding act is drawn up, which must include the following information:

1. Name of the employing organization.
2. Date and registration number.
3. Document's name.
4. Full name and position of the person who discovered absence from work.
5. Full name and position of persons who are witnesses to the violation.
6. Full name and position of the offender, as well as the date and duration of absence from work.

At the end of the document there must be signatures of witnesses to absence from work, as well as the person who drew up the act. In addition, the “truant” himself must also be familiarized with this document against signature. This should be done immediately after its appearance.

Sample letter

The next step after drawing up the report is to require the employee to submit a written explanatory note about the reasons for failure to appear. To do this, it is recommended to send a special notice to him. Today there is no official example of such a letter. As a rule, the employer approves it independently.

So, the notice of provision of an explanatory note includes the following blocks of information:

1. The “header” of the document contains the name of the organization, addressee data (full name, position, structural unit), date and registration number in the outgoing correspondence journal.
2. Notification title.
3. Main text - here a request for clarification is expressed, the period allotted for this, and also indicates the period of time during which the subordinate was absent from work. In addition, the employee should be warned that if he does not tell about the reasons for his absence, he will be fired under the article for absenteeism.
4. Signature of the head of the department in which the offender works.

Carrying out the operation

When an employee's absenteeism is revealed, management must carefully consider the decision to dismiss. First you need to find out the reason why the employee is absent from work. If there is no good reason, an administrative penalty can be imposed on him for failure to comply with labor obligations.

In such a situation, management must refer to Article 81, which states that the employment contract can be terminated at the request of the employer. Article 193 talks about rights, about recovery, and Article 172 of the Labor Code of the Russian Federation indicates unilateral termination of the contract. In this case, everything needs to be documented, namely, draw up a report with the signatures of witnesses, demand an explanation for absenteeism; in case of refusal, a notice of dismissal is provided.

It is necessary to send by mail or hand in a notice of an employee's layoff in order to avoid controversial situations. There are reasons for dismissal for absenteeism. These include:

• The employee is absent from the workplace for more than four hours.
• The employee leaves the workplace before the set time without warning.
• The employee categorically refuses to work.

Good reason

If an employee is absent from the workplace, then this, according to the Labor Code of the Russian Federation, is considered a disciplinary violation. In judicial practice, it is considered that if an employee is absent for reasons of illness, performing government duties and undergoing a medical examination, then this is legal. In this case, the employee is credited with average earnings.

The dismissal of an employee for absenteeism is a serious reason that can develop into a conflict, and that is why, before making such a serious decision, the manager is obliged to demand an explanation in writing. In case of controversial situations, the employee has the right to file a complaint with the labor inspectorate or file a lawsuit in court.

general information

When an employee ignores job responsibilities and is absent from the workplace at the required time, it is important for management not to rush to make hasty decisions, but to figure out whether the disciplinary offense occurs on the initiative of the employee or due to circumstances beyond the control of the parties.

If an incident occurs, the procedure is as follows:

• Document the fact of absenteeism (a report is drawn up in the presence of witnesses or a report from the head of the unit).
• Request to provide an explanatory note in writing.
• If the reason for absence is valid, the internal investigation is closed. Otherwise (and also in the absence of explanations), an appropriate act is drawn up and a decision on punishment is made.
• If the employer decides to terminate the employment relationship due to absenteeism, an order is prepared and an entry is made in the work book.
• A notification is sent (optional procedure).

This is important to know: What to do if the date of the dismissal order is later than the date of dismissal

A notice letter of dismissal is a document sent to an employee to inform them of the termination of an employment contract.

Reasons for referral may be:

• the employee is absent from the workplace for more than four hours in a row without a valid reason;
• unauthorized leaving work earlier than expected;
• refusal to work.

The legislation does not establish a list of valid reasons, so the manager makes the decision independently.

Judicial practice shows that these include:

• days of illness (a certificate of incapacity for work is required);
• performance of state or public duties (served as a juror, attesting witness, etc.);
• days of medical examination and blood donation (for donor).

In some cases, average earnings for days of absence are provided.

Dismissal for absenteeism is a serious conflict, so the management of the organization should not rush to formalize the termination of the employment contract. If the decision turns out to be unfair or the formalities are not completed correctly, the employee has the right to contact the labor inspectorate.

Therefore, first of all, a notification is issued with a request to provide the reason for the offense.

Drawing up an act

Documentation of the request for absenteeism is drawn up in two copies. One must be sent to the offending employee, and the second must be at the company. It confirms that the act was actually drawn up.

When completing the act, you must provide complete information, for example:

• Name of the enterprise.
• Corresponding inscriptions.
• Date, date and address.
• The text of the letter, which contains a request to appear at the workplace and indicate the reason for absenteeism.
• Employer's signature.

After proper drafting, it is necessary to provide this act to the witnesses, where they must put their signature.

In order for the employee to be notified, you can use several methods, for example, send the document by registered mail, pass it through friends or send it by email, if available.

Employee absence

If, after many attempts, the employee still does not dare to show up at the workplace, the employer can terminate the employment contract. In order for this to be legal, it is necessary to follow all formalities and have indisputable evidence. If these requirements are not met, the employee can sue and be reinstated to his or her position at any time.

The main actions of the employer during the period of absenteeism are: daily drawing up of reports, marking absences in the report card, and also saving copies of sent notifications.

If all these conditions are met, the court will side with the employer during the trial.

Then, on the last working day, the employee is given a work book with the relevant entries, and settlement funds are paid. For the fact that the employee personally received the work book, he must sign in the accounting book. If the employee does not show up to receive the work book, management writes an appeal asking for permission to send it by mail.

As a rule, after creating a document, it is certified by the manager and provided to the employee within two weeks.

But it is worth remembering that the management of the enterprise does not have the right to fire some employees, these include: pregnant women, single mothers, sole guardians and women on maternity leave. If there are such employees at the company, before dismissing them, it is best to request an explanation for absenteeism, since when going to court, it will take their side.

If dismissal occurs in accordance with the law, the trade union committee must first be notified about this. It is also worth observing time limits. And it is better to formalize the dismissal within one month. Since, if the employee returns to his duties after this period, it is impossible to terminate the employment relationship.

As for foreign employees, they do not have any privileges. And the same penalties apply to them. If the dismissal does take place, the employer is obliged to notify the migration service, the employment center and the tax office within five working days. If an employer ignores these rules, an administrative fine may be imposed on him.

Dismissal procedure

To terminate a previously signed contract between an employee and an employer, a number of sequential actions should be taken:

Attention

Any discrepancy in dismissing an employee for absenteeism with the laws of the Russian Federation, expressed in incorrect documentation or failure to comply with the stages of termination of an employment contract, will become the basis for recognizing the dismissal as an unlawful act.

Is it necessary to inform the employee?

Despite the fact that the employer has the right to dismiss an employee for a gross one-time violation of labor discipline, the dismissal procedure is somewhat different from the usual (read about how to document the procedure for terminating an employment contract for absenteeism, and from this article you will learn how leave a record of the employee’s dismissal in the work book).

An employee can be fired for absenteeism only if the employment contract specifies working hours.

conclusions

Notice of dismissal is a document that does not belong to the group of mandatory ones. This paper is sent at the initiative of the employer in order to inform the employee about the termination of the employment contract.

There is no unified form to fill out, as well as an exact deadline for sending the notification. To make it easier to fill out, it is best to send the notification on the company’s letterhead.

In such a situation, you will not have to indicate information about the company on it, because it is reflected on each of these papers.