Absenteeism: absence from work for how many hours?

What is considered absenteeism under the Labor Code

One of the types of disciplinary violation is truancy.
The Labor Code states that absenteeism is absence from work during the entire shift, regardless of its duration, or absence for four hours. Important! The following factors are of great importance:

fact of absence. The employee performs his duties in accordance with job descriptions. They determine the specific place of work at which the fact of absence must be recorded. The Labor Code, in the content of Article 209, states that the entire territory of the employing organization is considered a workplace;
the period of absence and the start of its countdown. Absence from work is punishable by dismissal for absenteeism. Labor legislation stipulates absence from work for four hours or more. However, the lunch break is not included in this period. If an employee was absent continuously for 4.5 hours, which included the established lunch time, then you cannot be fired for absenteeism. For such a violation, the employer issues a reprimand. To record the time of arrival, institutions introduce access control, fingerprint marks or written recording of arrival and departure.

A note in the work book about absenteeism is the final action in the dismissal procedure.

Put:

record number;
the date of the fact of dismissal, which coincides with the day of the order;
indicating Article 81 of the Labor Code as a basis for dismissal;
signature of the HR employee and company seal.

Note! The book must be issued on the last working day. If the dismissed employee fails to appear, he is sent a notification about receipt of the work book. If they don’t come for the book, it is kept by the employer.

You can also send written permission to send the work book to your place of registration, which will allow the manager to avoid sanctions for withholding the document.

Upon dismissal due to absenteeism, an employee may qualify for payment of the following financial resources in the general manner:

calculation for fully worked days;
financial compensation for unused vacation days;
compensation for time spent on sick leave (if the employee was sick and had sick leave before the fact of dismissal).

When dismissed for absenteeism, an employee has the right to claim compensation for travel and other expenses that he incurred before the publication of the dismissal order. To avoid delays, the employee should take care to provide documentation that will confirm the expenses.

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Types of truancy:

Short-term – the location of the employee is known, it is possible to contact him.
Long-term - location is unknown and communication with him is impossible.

In the first case, everything is much simpler: a memorandum and a certificate of the employee’s absence from the workplace are drawn up in the name of the manager. An explanatory note is requested from the employee, which must be submitted within 2 working days (Article 193 of the Labor Code of the Russian Federation). Failure to provide an explanatory note does not prevent the imposition of a penalty; an act of refusal to provide written explanations is simply drawn up, which must be signed by the employee himself and 3 witnesses. Next, an order is drawn up to impose a disciplinary sanction, and the day the employee is not at work is recorded in the report card as absenteeism.

In the second case, the difficulty is that it is necessary to wait for the person to go to work in order to request an explanation from him, since all formalities must be observed.

The reasons may be valid, then, if the case goes to court, the employee will be reinstated at work. Therefore, absenteeism should be recorded in strict accordance with labor legislation, observing all formalities.

Absenteeism is punished very strictly, including dismissal. This differs from the banal being late for work. The fact of absenteeism must be documented - an entry must be made in the working time log, recorded by CCTV cameras. According to labor law, dismissal for absenteeism is possible within a month from the day the misconduct was discovered, not counting the employee’s time on sick leave or vacation.

An entry in the labor record upon dismissal for absenteeism completes the dismissal procedure. Entered:

Record serial number;
The date of dismissal coinciding with the day of the order;
Record of dismissal for absenteeism and a link to Article 81 of the Labor Code of the Russian Federation;
Signature of the personnel officer and seal of the organization.

The book is issued on the last day of work. If the dismissed person fails to appear, a notification is sent to receive a work permit. If they don’t show up for the book, it continues to be stored at the last place of work. It is also possible to send written permission to forward the work report to the place of registration, which will relieve the boss of a fine for withholding the document.

Payments include all salary debts, sick leave, and unspent vacation.

By the way, it’s useful to know how to restore a work book if it’s lost?

Good reasons

As can be seen from the above formulations, absenteeism is an absence from work without valid reasons. It is important for the HR officer to understand which reasons can be considered valid and which cannot. However, the Labor Code of the Russian Federation does not disclose an exhaustive list of valid reasons for an employee’s absence from work. Therefore, I turned to judicial practice and individual articles of the Labor Code of the Russian Federation to determine such reasons. For more information about this, see “Good Reasons for Absenteeism: List.” Not filled yet

What is considered absenteeism according to the Labor Code of the Russian Federation?

The law says: dismissal under an article for gross violation of Labor Code norms is formalized at the initiative of the employer, on the basis of a corresponding written order (in the T-8 form). One of the disciplinary offenses is absenteeism. The Labor Code of the Russian Federation defines absenteeism as absence from the workplace without good reason throughout the entire shift, regardless of its duration, or for 4 hours in a row without good reason. That is, the duration is from 4 hours to one day. This is recorded in the timesheet. The report card will become indisputable evidence.

The fact that the employee is absent from the workplace.

The worker performs his duties in accordance with the job description. It determines the specific place where the fact of absence during the working day is recorded. The Labor Code of the Russian Federation refers to Article 209, where the workplace is the entire territory of the employing company.

The time of absence of the employee and the beginning of its countdown (in the time sheet).

Absence from work is a gross violation of the employment contract and entails sanctions in the form of termination of the relationship and dismissal for absenteeism. An article of labor legislation indicates absence from the workplace for more than 4 hours in a row during the working day. In this case, the lunch break does not count.

If the employee was not at the workplace without valid reasons and circumstances for a continuous 4.5 hours, which included a regulated lunch, then it is impossible to dismiss the employee under the article for absenteeism on the initiative of the employer. Violated? For this reason, the manager issues warnings, and if these warnings are ignored, a reprimand is issued. To record the moment of arrival, enterprises introduce passes, fingerprint marks or written recording of the actions of arrival and departure.

Dismissal procedure

If absenteeism is correctly recorded, the company owner has the right to dismiss the employee under the article. To do this, follow the following steps:

a memorandum is drawn up by the head of the department in which the employee who did not come to work works;
an act of absence of a citizen from the place of work is formed, and this document is signed by two witnesses;
absenteeism is recorded in the accounting report card;
the employee is requested to provide an explanatory note stating the reasons for his absence;
if a citizen cannot prove the existence of good reasons, then a dismissal order is issued;
the order is recorded in the journal and also transferred to the employee for study and signature;
the relevant information is entered into the citizen’s work book;
a payslip is drawn up and a note is made in the employee’s personal file.

Attention! If a citizen believes that he was fired illegally, then he can challenge such actions in court.

In what cases can you be fired for absenteeism?

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

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

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FILESAct of absence from work (sample) in DOC Memo (sample) in DOC Explanatory note (sample) in DOC ALSO: Completed sample and blank form T-8

Upon dismissal, the entire evidence base falls on the shoulders of the employer. The fact of absenteeism must be documented, for example, there must be reports of absence, memos. Documents can be processed both on the first day of the employee’s absence and on subsequent working days. Dismissal is permissible when an employee does not show up for work without a valid reason and is absent from the workplace for 4 consecutive hours or more.

It is also permissible in the following cases:

The employee left his workplace without a valid reason, without notifying the employer of the termination of the employment contract, as well as of the upcoming dismissal.
Absenteeism of an employee working under a fixed-term employment contract before the end of the contract.
Going on vacation or taking time off on your own.

If you would like to read a step-by-step guide to redundancy, check out this article. The rules for calculating severance pay upon dismissal by agreement of the parties are given here.

In accordance with Article 81 of the Labor Code, absenteeism will serve as a legal basis for terminating an employment agreement with an employee. At the same time, the legislation does not establish prerequisites for the application of the strictest disciplinary punishment, which is dismissal (for example, the existence of an outstanding penalty, repetition, etc.).

That is, dismissal for absenteeism is carried out even if the employee commits such a violation of discipline once.

However, judicial practice in cases of reinstatement contains precedents for recognizing dismissal as unlawful due to the fact that, when making a decision, the manager did not take into account the severity of the violation, the employee’s previous work reputation and his behavior before committing absenteeism.

There is no list of valid reasons, that is, this issue is decided by the head of the organization. However, there are a number of situations that are considered respectful by default, and they can be documented.

Important! Cases when an employee cannot be accused of absenteeism and dismissed:

a disease that is confirmed by a certificate of incapacity for work;
short-term disability;
blood and plasma donation;
participation in a rally;
the occurrence of force majeure, for example, fire or accidents;
performance of public functions assigned by relevant government bodies;
presence in court, internal affairs bodies, military registration and enlistment office;
when payment of wages is delayed for more than fifteen days. In order not to work legally, you should warn management in writing;
detention by law enforcement agencies;
weather or natural disaster.

After receiving the relevant documents, the employer must check their authenticity to establish the veracity of the basis for absenteeism. If the document turns out to be forged, the manager has the right to immediately terminate the employment relationship with the negligent employee. The reasons for absenteeism must be valid.

You should know! It is not allowed to fire:

pregnant women (Article 261 of the Labor Code);
minors - without the consent of the labor inspectorate and the commission for minors (Article 269);
employees during illness or vacation period (Article 81 of the Labor Code of the Russian Federation).

An employee has the right to appeal the manager’s decision if he proves the presence of illegal actions. It is necessary to challenge the manager’s decision within a month from the date of familiarization with the dismissal order.

This can be done by creating an application and sending it to the following institutions:

Labor Inspectorate;
bodies of the Prosecutor's Office;
Judicial authority.

Reasons for absence from work

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

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

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

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

Circumstances vary. A worker may not appear due to both significant and insignificant reasons for absence during the working day and must make an explanation.

Valid grounds for absence from work for more than 4 hours in a row (they are documented):

Illness of an employee or a close relative, such as a child;
Death of relatives;
Utility accidents and accidents;
Force Majeure.

Unexcused reasons for absence from work are other events that are not valid for obtaining leniency from superiors. A specific case of absenteeism without valid reasons and circumstances remains at the discretion of the manager, based on the value and personal characteristics of the employee. A number of reasons for absence during a shift can be forgiven for a good employee. After all, one order can ruin a person’s life.

What it is

In 2014, the Government established situations that employers should consider absenteeism:

absence from the workplace for more than 4 hours in a row without good reason (or evidence);
unauthorized leave at your own expense;
use of rest days without agreement with the employer.

The employee is required to explain the absence, and in most cases, document the reason for the absence. If a person does not answer phone calls and does not show up for work, the entrepreneur can fire him.

Employer's procedure

An absence from work report is drawn up. The act is drawn up in any form and must be certified by at least 3 witnesses. Each day of absenteeism is documented in a separate document.
Requesting an explanation from an employee for the fact of absenteeism - on the day he returns to work, give a notice requesting a written explanation for the fact of absence from work. According to the Labor Code, the employee is given 2 working days to give explanations indicating good reasons for the offense committed. In case of failure to provide an explanatory note, an act is drawn up, which is signed by the compiler himself and at least 3 witnesses.
A memo is drawn up about the fact of absence from the workplace - written in any form. An explanation for the fact of absence from one's place is attached to the note.
An order of dismissal for absenteeism is issued - it has a unified form and must be executed properly.
The order is recorded in the personnel order log.
A payslip is drawn up with the employee, which has a unified form. Full payment is made on the last day of dismissal.
The HR department informs the employee of the dismissal order within 3 working days against signature. To be on the safe side, it is important to draw up, along with the order, an act of refusal to sign in order to familiarize yourself with this order. The act is signed in the presence of the employee by the compiler himself and 3 witnesses.
A record of termination of the employment contract is made in the personal card. This document is signed by the HR officer and the employee. If he refuses to sign, a corresponding entry is made on the card.
Making an entry about the termination of the employment contract in the employee’s work book.
Issuance of a work book - the employer is obliged to issue a work book on the day of dismissal with an entry about the dismissal. The issuance is confirmed by an entry in the work book movement book. If delivery is not possible, then the employer sends it to the postal address with notification of delivery to the addressee.
The employee is paid in full for work on the last day of dismissal, and days of unused vacation are also paid.

The dismissal procedure can be divided into three stages:

documenting the fact of the employee’s absence from work;
finding out the reasons for non-appearance;
making a decision and issuing an order of dismissal.

You can make a procedural error at any of these stages, but every minor violation can cost the company dearly! Do not forget that an employee who is outraged by what he considers to be an unjustified dismissal has the right to go to court. If he also uses the services of a good lawyer, the matter will probably turn out not in your favor.

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Preparation of the act

A correctly drawn up act is the main evidence of an employee’s violation of labor laws. The act has the following structure:

name (act of absence from work, absenteeism, absence from work - different name options are acceptable);
date, place and time of compilation;
Full name of the official drawing up the act (such a person can be either the head of the company or the head of a structural unit);
Full name of the employee who did not show up for work;
the circumstances of the employee’s absence (this part should be filled out in as much detail as possible, indicating the exact time of absence and the actions taken by the employer - attempts to reach the truant or contact him in some other way);
date and duration of the employee’s absence (indicating the exact time, “minute to minute”);
the date of drawing up the act and the signature of the manager (for greater confidence, you can ask witnesses to sign - for example, colleagues of the truant).

It is advisable to draw up the act on the same day, without putting it off “until tomorrow.”

Before signing an order to dismiss an employee for absenteeism under the article, you need to require an explanatory note from him. At this stage, it is important to document every action, so it is better to send the request for an explanatory note to the employee in writing (even if in the end he did come to work).

After requesting an explanation for failure to appear, you must wait two days. By the way, this rule applies even if the employee refuses to “give evidence” immediately - what if he changes his mind? If after two days the answer still does not come, you can move on to the final stage and draw up an order.

Let's assume that the employee nevertheless provided an explanatory note. There are three possible options:

The reason for absence indicated by the employee can be classified as valid, and the stated arguments are supported by documents. In this case, the person cannot be fired.
The truant is clearly making things up: the explanations are unconvincing and there is no evidence. Feel free to write an order.
The situation is ambiguous. There are no supporting documents or they are insufficient, but the arguments look convincing. Or vice versa - there is a certificate from the medical center. institutions, but probably “fake”. What should an employer do? It is impossible to give a definite answer to this question. Try to assess the situation as a whole, taking into account all possible motives of the employee, his previous behavior, attitude towards his duties and the work process in general. Don’t forget – the law gives you the right to draw a conclusion and make a decision.

An order to dismiss an employee for absenteeism without good reason is drawn up and issued according to the unified form No. T-8. The law establishes the following deadlines for issuing an order:

no earlier than two days from the moment the request for an explanatory note is sent to the truant;
no later than 30 days from the date of absence.

Structure of the order according to form No. T-8:

Name;
date, place of compilation;
grounds for publication (absenteeism act, details of reports and explanatory notes, etc.);
Full name and position of the employee;
a detailed description of the offense;
justification of why the reasons for absenteeism cannot be recognized as valid;
clarification of the employee’s right to appeal the dismissal decision;
date of compilation and signature of the employer.

The employee must read the order and confirm with his signature that he is aware of its contents. If he refuses to do this, another act will have to be drawn up. After this, you should make an entry about the dismissal in the work book of the negligent specialist and send him to the accounting department for this book. This completes the dismissal procedure.

Statute of limitations for absenteeism

Any type of disciplinary measures, including dismissal for absenteeism, cannot be applied to an employee if more than six months have passed since the fact of absenteeism (Article 193 of the Labor Code).

Also, no more than a month must pass from the date of discovery of the fact of absence from work without a valid reason. This time period does not include the period when an employee is on sick leave or vacation, as well as the time during which, if necessary, permission from the trade union body is sought to take disciplinary measures. One fact of absenteeism is punishable by only one type of punishment.

The dismissal of a truant will only be valid within a month from the date of recording this unfortunate fact. Older violations cannot be punished by dismissal under the “truancy” clause.

So, it is in the employer’s interests to carefully approach the issue of maintaining documentation, especially regarding recording the presence of employees at the workplace. In this case, responsibility for truancy will rightly fall on the shoulders of the truants themselves.

Truancy concept

It is considered a serious offense, represented by the intentional absence of a specialist from the workplace for a minimum of 4 hours. To correctly register such an offense, the following conditions must be met:

the employee does not appear on the organization’s premises for more than four hours;
the person leaves without the manager’s permission before the end of the work shift;
a citizen goes on vacation without filing a vacation application;
the employee has no valid reasons for such actions;
the employer correctly prepares official documentation documenting the misconduct.

Absenteeism can be short-term or long-term. In the first case, a person is absent from work for one day, but he does not have good reasons for this. In the second situation, the employer cannot contact the hired specialist in any way for several days in a row.

Illegal dismissal

A competent personnel employee knows how to fire someone for absenteeism so that the procedure is not declared invalid in the future. However, violations of labor laws are common. Common cases include:

Failure to recognize or request valid reasons explaining the employee’s absence;
The norms for documenting the fact of dismissal were violated;
Absence of absenteeism (for example, the person was on vacation and could not provide any excuses);
Order regarding a pregnant employee;
An existing fact of absenteeism, for example, due to a long delay in wages.

One of the violations may serve as grounds for filing a lawsuit against the former employer, up to and including reinstatement of the employee in his position.

The worker goes to appeal against dismissal or other punishment, and he must provide evidence in court.

By the way, if you want to voluntarily leave your job, find out how to write a resignation letter?

Filing a claim for termination of a contract for absenteeism due to illness requires not only the provision of a certificate of incapacity for work, but also proof of notification to superiors. If the employee provided a certificate of temporary incapacity for work to the manager, then the court will side with the dismissed person. In this case, not only reinstatement can be assigned, but also compensation for each missed day of work. Deliberate concealment of sick leave will leave dismissal for absenteeism unchanged.

Pregnancy

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Absence from work during pregnancy is not uncommon, but is it possible to fire a pregnant woman for absenteeism? The Labor Code is on the woman’s side here; it prohibits the application of Article 81 in relation to a female employee. Exceptions would be violations in educational institutions or liquidation of an enterprise. However, the wording of the reason in the work book will be different.

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(Osm x 12 months / Krd) x Kvp,

Where Osm is the average monthly salary,

Krd – number of working days in a year,

Kvp - the number of non-working, involuntarily missed days.

Compensation is denied if the employee received unemployment benefits during this period.

Dismissal

Dismissal for absenteeism is a disciplinary measure of last resort. With this procedure, there are several mandatory steps that are considered necessary for the full legality of dismissal. The main stages are determined by several facts - misconduct - collection - registration of dismissal - calculation and entry into the labor record.

Important! In addition to reinstating the employee at work, the court may order compensation for the unworked period, as well as for moral damage. The employer may also receive penalties from supervisory authorities. For this reason, it is necessary to comply with all basic rules, as well as documentation standards.

Step-by-step instruction:

the fact of absenteeism is documented. The act must be drawn up in the presence of two or three witnesses. If necessary, the immediate supervisor must write a memo addressed to higher authorities about the absence of a certain person, indicating all the points, that is, the duration. It is possible to attach video recordings if the work site has video surveillance;
the employee writes an explanatory note. The written form must be submitted within two days of the request;
if there were good reasons, then the official investigation should be closed. In the opposite case, a secondary act is drawn up about the presence of an explanatory note and absenteeism without a good reason. If there is no explanation from the employee, then a corresponding act is drawn up under Article 193. In the absence of an explanation from the employee, absenteeism is considered justified for imposing a disciplinary sanction;
a decision to impose a disciplinary sanction of any nature. Here, much depends on the desire of the employer, as well as on the systematic nature of the violations. For minor violations, the employer may limit himself to even a written or verbal warning. The last resort is dismissal;
an order is issued to dismiss the person who violated discipline;
the employee must familiarize himself with the order;
The employer can either assign work, but not more than 2 weeks according to labor legislation, or exclude it;
dismissal is issued. An entry is made in the labor report indicating the justification for paragraph 6 of Article 81.

Sample of an employment record of dismissal for absenteeism

For the legality of the procedure, you will have to take into account all the points and fully carry out all stages of dismissal for absenteeism.

The process has many features regarding the dating of events, as well as the preparation of documentation.

Read on the topic: Dismissal of one’s own free will instead of dismissal for absenteeism

Read on the topic: What punishments are provided by the labor code for absenteeism at work?

Typical mistakes of HR specialists

As stated earlier, any procedural violation may be grounds for appealing the dismissal order. What mistakes do employers make most often?

Often, an absenteeism report is simply not drawn up. This is terrible - if the case goes to court, the employee will probably achieve reinstatement (and even compensation for wrongful dismissal). Always fill out a document.
Serious shortcomings in the execution of the act - first of all, incorrect indication of the time of drawing up the act and the period of absence of the employee. The wording “in the morning”, “at lunchtime”, “in the evening” is unacceptable. Always indicate the exact time - “the employee was absent from 8.00 to 14.18”, “the report was drawn up at 14.58”.
Inconsistency of factual circumstances with the data contained in the act. Sometimes it happens that an employee pisses off the employer with his impudence. In order to guarantee getting rid of the absentee, the employer artificially aggravates the situation - for example, he writes in the act and order that the employee showed up only the next day and insulted him in obscene terms. If at trial it turns out that everything was a little wrong, the boss will have to bear responsibility for such “attacks.”
Dismissal of an employee without requiring an explanatory note from him.
Violation of the deadlines for issuing an order, dismissal of an employee for absenteeism without a corresponding entry in the labor record.

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Even if you have indisputable evidence that the dismissed employee is an undisciplined and irresponsible truant, the court will still be able to reinstate him at work. It is enough to commit at least one of the listed violations.

More and more employees are becoming “savvy” in matters of labor relations. This point is often underestimated by personnel officers who cannot formulate it correctly and make mistakes in their work. It's connected with:

Lack of all necessary papers;
Inconsistency of dates;
Lack of timeliness in drawing up the first acts of admission;
We included vacation and illness during the period of absenteeism.

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Typical HR mistakes

When dismissing an employee for absenteeism, HR specialists may make a number of mistakes:

Incorrectly or incompletely draw up a contract of documents confirming the fact of absenteeism.
The employee is not familiar with the dismissal order, as evidenced by the absence of a confirming inscription on the order form.
The employment contract does not specify the place where job duties will be performed, and therefore it is impossible to assert that the employee is absent from the workplace.
Failure to issue compensation for unused vacation, which is a gross violation of the Labor Code of the Russian Federation.

You will find a sample notice of dismissal for absenteeism in our article. How to register absenteeism for a civil servant? Find out here.

How to determine the period of forced absence? See here.

The procedure for dismissing an employee for absenteeism

When dismissing certain categories of workers for absenteeism, in practice, nuances or prohibitions on certain actions appear.

According to labor legislation, an employer is not allowed to fire for absenteeism:

pregnant women;
single mothers raising a child (children) under fourteen years of age;
fathers or mothers with many children with children under three years of age;
parent or sole breadwinner of a child with a disability who is under 18 years of age.

Employees who work part-time or young workers can be fired for absenteeism on a general basis. If a part-time employee documents the employer three working days in advance about the refusal to perform additional work, this cannot be considered absenteeism.

Preparation of the act

Another option is dismissal by agreement of the parties. Here the initiative to end the relationship lies with both the employee and the employer. But even here, in order to be on the safe side, it is necessary to draw up a separate act, in which you need to write down an agreement on termination of the employment contract, which indicates the date of termination and its basis.

This dismissal is distinguished by its versatility. After all, in this case, the employee can be fired, even if he is on a certificate of incapacity for work. The nuance here is that it is impossible to cancel such an agreement unilaterally.

Dismissal of a pregnant woman at the initiative of the employer, that is, under Art. 261 of the Labor Code of the Russian Federation, impossible. In this case, it will be legal to reinstate her at work after presenting a certificate of pregnancy.

Dismissal of an employee during a probationary period is possible as a result of dissatisfaction with the results of the trial. In this case, the employer is required to notify him of the results of the test at least 3 working days in advance and dismiss him as having failed the test before the end of the probationary period.

By virtue of Art. 81 of the Labor Code of the Russian Federation, the employer, on his own initiative, issues an order to terminate the employment contract with an employee on a probationary period, indicating the reasons for its termination. The reasons can be attached as a separate document to the order (you need to specify which tasks it failed to complete). Records that an employee worked poorly are considered illegal. An employee can resign of his own free will during the probationary period by notifying the employer 3 days in advance and writing a statement.