Order on absenteeism of an employee: sample 2021

Truancy - what is it

The definition of this concept is given in clause 6, part 1 of Art. 81 Labor Code of the Russian Federation. In accordance with it, if the time of absence from the workplace is more than 4 hours in a row, this is absenteeism.

To issue a dismissal order on this basis, the following conditions must be met:

• the period of absence from service is not less than that established by the legislator (4 hours or a full working day);
• a contract has been concluded with the employee, which specifies the length of the working day and the place where official duties will be performed;
• the reason for absence is unjustified;
• the circumstances of the employee’s non-appearance were checked with documentary evidence.

The law does not specify the division of truancy into types, but in practice they can be divided into:

• short-term - when the employee is away for a short period of time, while maintaining the possibility of maintaining contact with him;
• repeated - when 2 or more cases of absence are recorded during a calendar year, while the employee who committed absenteeism cannot give valid reasons for this;
• long - absence from place for a long period of time (several days/weeks/months in a row), while the director has no way to contact him.

Depending on the reasons, duration and regularity of absences from work, a decision is made to terminate the employment relationship with the employee who committed absenteeism.

How to register correctly

The fact of absenteeism is documented in an act.
The first step in registering a violation of discipline is for the head of the department/unit to write a memo/memorandum stating that the employee is absent from the workplace. This is done at the beginning of the working day, as soon as it is established that the employee did not go to work at the appointed time. Even if the employee arrives at work before 4 hours, lateness is recorded, since it is also a disciplinary offense and may affect the amount of the bonus.

Based on the note, the employee, whose responsibilities include personnel records, draws up an absence from work report.

It reflects the following aspects:

• date and time of compilation;
• place of work, which must coincide with the workplace specified in the employee’s employment contract;
• Full name, position and structural unit of the violator of discipline;
• the amount of time in hours and minutes during which the employee was not present at the workplace;
• the reason why the employee did not come to work (to fill out this part, attempts are made to contact the employee and/or his immediate environment; any information is recorded in the report; if the reason is not specified or is not valid, then the procedure for preparing documents for imposing a disciplinary sanction continues);
• the information must be recorded by a commission consisting of at least three people, one of whom is the chairman;
• A line must be entered to familiarize yourself with the employee’s report.

Commissions and their composition are appointed by order of the organization for the current calendar year. The composition of the commissions varies depending on the case that needs to be investigated.

The act is printed in one copy. Members of the commission sign.

The next act is drawn up 4 hours after the start of the working day/shift. The final act is drawn up at the end of the working day and confirms the absence of the employee throughout the entire shift or normal working day.

If the employee does not go to work in the following days, reports are drawn up daily, in the evening, at the end of the working day.

When an employee returns to work, he must be required to provide an explanatory note regarding the fact of absenteeism (the registration period is 2 days) and familiarize himself with the reports against signature. If the violator of discipline does not provide an explanatory note, an act on this matter is also drawn up.

If an employee refuses to sign the act, the date and time when the employee was given the documents to sign is written on it, and the signature of two colleagues present during the familiarization procedure is placed under the phrase “the employee’s full name has been familiarized with the acts, but refused to sign.”

The next step will be the issuance of a truancy order.

You can learn how to properly punish an employee for absenteeism from this video.

Reasons for no-show

It is not always possible for an employee to be relieved of duty by signing an order in case of absence from duty. To terminate a contract, the boss must prove that the employee’s absence has no valid reason.

The legislator does not establish which circumstances are considered valid, but according to the general principle, a number of life circumstances are considered such.

So, dismissal of an employee who has committed absenteeism is impossible if he did not show up for work for one of the following reasons:

1. Unsatisfactory health condition requiring seeking medical help. As well as accompanying the patient and/or providing him with first aid or opening a certificate of incapacity for work (both based on the health problems of the employee himself and the illness of his minor child).
2. Contacting a medical institution for examination, examination or vaccination.
3. Involvement in investigative activities, participation in trials, performance of government tasks.
4. Taking part in a strike/meeting or failing to show up for work due to non-receipt of wages.
5. Emergency incidents (traffic accident, flight or other transport delay, problems with utility systems).
6. Natural disasters (floods, landslides, avalanches, etc.).

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To ensure that absenteeism in the listed cases does not become grounds for dismissal, it is necessary to provide evidence of a valid reason:

• in case of a visit to medical institutions or law enforcement agencies, you must bring a certificate confirming your visit to the appropriate institution.
• In case of an accident, you can also request a supporting certificate from the inspectors of the State Traffic Inspectorate who draw up the report.
• A flight delay can be proven by presenting an amended schedule or a ticket (passport) with an arrival stamp.
• The director can learn about participation in rallies or the occurrence of global force majeure circumstances (for example, natural disasters) from the media.

Termination of the contract in any of the listed cases upon presentation of supporting documents will be considered illegal, which will entail consequences for management.

Features of dismissal for absenteeism

The basis for unilateral cancellation of an employment contract by an employer may be absenteeism (Article 81 of the Labor Code). But for legal dismissal, the following features must be taken into account:

1. The employee must be absent from exactly the place designated as his official position in the contract.
2. Absenteeism must be documented - it is documented in a report card, memo/act from the head of the department.
3. A separate report must be issued for each day of absence.
4. After the employee appears, you must request an explanatory note. Only if it is determined that the reason for absenteeism is unjustified, the contract can be terminated.
5. If an employee does not appear for work for a long period of time and does not communicate, the manager must take independent measures to establish the reasons for his absence from work. An order to cancel a contract can be signed only after investigative measures have been completed and they have been declared ineffective.

note

Absenteeism is sufficient grounds for termination of employment only at the discretion of management. For failure to appear for work, another disciplinary measure may be applied if the boss takes into account the employee’s length of service, as well as his services to the company.

Limitation periods

The employer retains the right to unilaterally terminate the employment contract for 1 calendar month from the date of discovery of the fact of absence from service.

This period is calculated without taking into account being on vacation and also the duration of an open sick leave.

When you get fired due to absenteeism

The basis for dismissal for absenteeism will be the long-term (more than 4 hours in a row or for a full work shift or day) absence of an employee without good reason from the place designated for him by the worker in the employment contract (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code RF).

IMPORTANT! Pregnant women and persons on vacation or sick leave are not allowed to be dismissed for this reason.

The fact of absence from work must be recorded in a report from the head of the department or in an act and noted in the working time sheet. If an employee is absent for several days, then a separate document about this is drawn up every day. When a truant employee appears, he is required to provide a written explanation. If the reason for absence is not valid or is not confirmed, you can fire him for absenteeism. This must be done before the end of the month from the date the violation was established, but no later than 6 months from the date it was committed. From this period, the time spent on sick leave, on vacation, time off and the period during which the criminal case against the dismissed person is being investigated is subtracted.

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On this basis, you can also dismiss an employee who has not returned from absenteeism. In this case, the employer tries to find out the reasons for his absence on his own. If an explanation for the absence cannot be found, dismissal is carried out after completion of inconclusive clarifications.

Having considered the employee’s explanations and taking into account his services to the company, the head of the organization may choose another punishment for him, provided for in Art. 192 Labor Code of the Russian Federation.

For information about what order is issued in this case, read the article “Order on disciplinary action - sample and form.”

Proof of truancy

A common mistake made by managers is to immediately issue an order for dismissal without properly investigating the circumstances. This can lead to punishment for illegal dismissal, if the dismissed person decides to contact the supervisory authorities - he will have to pay a fine or reinstate the absentee at work.

1. The optimal solution in case of absence from work is to record the fact of absence and stop the accrual of wages. To do this, an o is immediately placed on the report card, meaning that the reasons for the absence are unknown.
2. If the absentee then brings a documentary explanation for the absence, the mark changes in accordance with it (for example, to “B” - illness).
3. If there are no certificates or other documents, the mark is corrected to “PR”, which means absenteeism.

But even in this case, it is too early to issue and sign an order to cancel the contract. The next step is to require an explanatory note, which will be used to assess whether missing a working day is justified.

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What certificates must an employer issue when dismissing an employee in 2021?

If the truant refuses to give written explanations, it is necessary to document the fact of their request. To do this you can:

• hand over the notice in person against signature (which is not always successful);
• send a notification by registered mail with a description of the attachment and a receipt.

Procedure for dismissal for absenteeism

Compliance with all established requirements will protect the employer from subsequent problems with challenging the termination of the employment contract. The design of each document has its own characteristics:

1. A mark on the timesheet that tracks working hours and employees’ compliance with the requirements of the regulations. On the day of absence, there should be an o next to the truant's last name, which will later be replaced, depending on the reasons for the absence. The report card is one of the documents that will be reviewed in the event of a trial, so filling it out correctly is important. Attention, look at the completed sample report card with the required marks.

2. Recording the fact of absence by a special act. It is of paramount importance and is issued immediately on the day the employee fails to show up for work. If an employee is absent for several days, a separate report is drawn up for each of them.
3. Notifying the employee of the planned termination of the contract and requesting an explanation of the reasons for absence in writing. It is issued to the employee personally against signature or sent to him by registered mail to his registration address.
4. Receiving an explanatory note from the truant. It is compiled in free form in compliance with the requirements of business correspondence. The deadline for drawing up and submitting an explanatory note is 2 working days. Its presence or the employee’s written refusal to provide it is mandatory as evidence of compliance with the requirements for the dismissal procedure for absenteeism.
5. If the truant refuses to provide an explanation, an act of refusal is drawn up in the presence of 2 witnesses who sign.
6. Memo to the manager from the head of the department (division). This step is optional for small companies, but for organizations with several departments and branches it is a necessity.

7. Issuing an order of dismissal for absenteeism, a sample of which is given below. Its main feature is that it does not require the issuance of a separate order on disciplinary action; it is enough to indicate in the text the basis for termination of the employment relationship - Article 81 of the Labor Code. You must attach the required attachments: an act and an explanatory note. For large companies, an additional report from the head of the department is required.
8. Registration of orders in the order book.
9. Drawing up a pay slip and familiarizing the dismissed person with the order. The order must contain the signatures of both parties to the labor relationship. If an employee refuses to sign an autograph, a certificate of refusal is drawn up in the presence of 2 witnesses who certify it with their signatures.
10. Filling out the personal file and work book of the person being dismissed upon termination of the contract for absenteeism, a sample of which can be seen below.
11. Issuing a work book to the dismissed person and making all due payments.

Documents grounds for issuing a dismissal order

To issue a dismissal order, you must have the following documents:

• Absence report – is drawn up, as a rule, by the head of the department (unit) in the presence of witnesses; these persons will confirm the absence of the employee with their signatures on the report;
• A memo from the head of the department stating that one of the department employees did not show up for work without warning and was absent for a long time without explaining the reasons. Read also the article: → “Memo on employee absenteeism.”
• An explanatory note from the offender, which provides an explanation of the disciplinary offense committed;
• Other documents proving the validity of the reason given by the offender in his explanation (for example, a document from the traffic police about an accident or a certificate from a medical institution about hospitalization);
• If there are consequences of absenteeism, relevant documents confirming their existence are provided;
• The employee’s refusal to provide explanations for his behavior, if the employer’s demand to explain the violation, the employee refuses to comply.

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A list of all papers related to the case should be provided in the dismissal order. They must be preserved and, if necessary, used as evidence for imposing a penalty in the form of dismissal.

Certificate of absence - design features

The act is drawn up by the head or specialist of the personnel department. The legislator does not establish a fixed form of the document, but it must reflect the following information:

• details of the enterprise;
• document's name;
• date of registration;
• information about the author of the document, witnesses and absent employee;
• date of absence from duty (indicating the period of absence);
• reason for missing a working day (if relevant information is available);
• signatures of all persons mentioned in the document.

Sample truancy report

Sample certificate of absence.

Notification - drafting features

The notification also does not have a legally established form, but must contain mandatory information. Otherwise, the risk of problems arising when the dismissed person contacts supervisory authorities is quite high.

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The notification must indicate:

• Company details;
• information about the truant (full name and position);
• grounds for registration (indication of the fact of absence from the workplace);
• date and signature of the director.

The notice must be in writing. Its registration in the local acts of the company is mandatory.

The document is drawn up in 2 copies; the one that remains with the employer must bear the employee’s note indicating receipt and familiarization, indicating the signature and date.

Sample notification

Sample of filling out the form in Word format.

Registration procedure without debarment

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

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

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

Sample order

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

Filling Features

You must enter information accurately, namely:

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

Next you need to indicate other reasons:

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

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

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Explanatory – features of compilation

The explanatory note does not have a set form and is filled out randomly by the employee in compliance with the requirements of business correspondence. After identifying the fact of absenteeism, this is the employee’s response to management’s request.

The explanatory note must include the following information:

• About company;
• about the offender;
• about the reasons for absence from work.

At the end there must be a date and signature of the violator. It is necessary to attach documents confirming the reasons for missing a working day.

The explanatory notice for absenteeism, sample 2021, can be viewed below:

Drawing up an order

If the manager decides to reprimand, reprimand or dismiss an employee, a corresponding order is issued to the enterprise.

Basic information about the event is stated in the preamble of the order, followed by an indication of the degree of punishment. The form of the order depends on the decision made. So:

if the employer reprimands or issues a reprimand for violation of labor discipline, an order for the employee to take absenteeism without dismissal is drawn up in the form approved for local administrative documents, in compliance with the basic structure characteristic of this type of document - an indication of the name of the organization, a preamble, an administrative part on the issuance reprimand, signature of the manager and familiarization of the employee with the order;

if the manager decides to dismiss an employee for absenteeism, the unified order form T-8 is used, or the form of similar personnel orders approved by the enterprise is used.

When using a unified order form (T-8), all relevant fields of the form are filled in - indicate:

last name, first name, patronymic of the dismissed employee;

his position and the department in which he worked;

date of dismissal (this may be the day the order was issued if, after absenteeism, the employee was allowed to work until a decision was made on the degree of punishment for the disciplinary offense);

information about the reason for dismissal;

grounds (list of documents collected during the official investigation).

Reprimand for absenteeism (sample order in free form)

If the employer finds it possible to limit himself to imposing a reprimand, an order is drawn up to impose a disciplinary sanction. We offer you an order on absenteeism for an employee, a sample of which is used in the event that an employee is reprimanded for absence from work without a good reason.

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Order - procedure for drawing up

The document that completes the procedure for terminating an employment relationship for absence from work is an order of dismissal for absenteeism, a sample of which for 2021 can be viewed below.

This order performs 2 functions:

• imposes a disciplinary sanction on the offender (in the form of dismissal);
• terminates the employment relationship.

It is compiled according to the T-8 form and has mandatory fields. Here is a sample of filling out an order with an explanation for each.

Thus, an order to cancel an employment contract due to an employee’s failure to appear for work cannot be drawn up arbitrarily. There is a legally established form of document that must be followed in order for the dismissal to be legal. An arbitrarily completed order in this case will not have legal force.

Sample order

A sample order is available

Based on the wording of termination of the employment contract specified in the order, entries are made in the personal file and work book. The latter is handed over to the person being dismissed, after which he receives all the due accruals.

Features of filling out the order form

Filling nuances:

• when indicating the grounds for cancellation of the contract, not only the number of the article of the Labor Code is given, but also the text from the code;
• details of the documents drawn up during the dismissal process, which must be indicated in the order form - this is the name, number and date of preparation;
• the dates of issuance of the order and the actual termination of the contract may not coincide if the violator did not show up for work after missing out or did not begin his duties;
• if an employee does not come to work, his signature may not be on the order form, about which a corresponding inscription is made on the document (Article 84.1 of the Labor Code). A copy of the order with this mark is sent to the offender at his place of registration by registered mail.

note

If, due to absence from duty, a contract is terminated with several employees, one order form can be drawn up in Form T-8a, in accordance with standard requirements.

Typical errors

When drawing up any document, in particular an order to terminate an employment contract, errors may be made that will make its execution difficult.

The most common mistakes when issuing a dismissal order:

1. Drawing up 2 orders - on the imposition of a disciplinary sanction and termination of the contract for failure to appear for duty.
2. Issuance of an order after the expiration of the period established for punishment for violation.
3. Indication of the grounds for cancellation of the employment agreement and the basis documents in the inappropriate fields of the document.
4. Absence of the violator’s signature on the order form.

Any of the listed violations of the procedure for terminating an employment contract may become the basis for the imposition of penalties on management and reinstatement of the dismissed person in the workplace.

What should the order contain?

The form of the order for dismissal for absenteeism was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 (Form No. T-8). Since it is officially approved, it must be strictly observed by the employer. The order of dismissal for absenteeism must contain the following information:

• information about the employer;
• order number, date of preparation;
• Full name of the person being dismissed, his position;
• the basis for termination of the contract is indicated as “absenteeism” and clause 6, part 1, article 81 of the Labor Code of the Russian Federation;
• information about the selected explanatory note, memorandum, about the act of absence from the workplace;
• signature of the head of the organization, seal;
• record of familiarization of the dismissed person, his signature.

An important point: if the truancy was long, its dates must be indicated in the order in such a way that the initial dates of the truancy do not go beyond the month period that is counted until the order is issued. For example, absenteeism was from April 30 to May 24. The order is issued on 02.06. In this case, the order must take into account absenteeism from 02.05 to 24.05. Previous absences cannot be taken into account.

Deadlines and dates

The date of drawing up the dismissal order must coincide with the date of the corresponding decision by management.

The order cannot be issued earlier than the date of provision of an explanatory note from the absentee worker or an act of refusal to provide him with such information and no later than one month from the date of actual absenteeism.

It is prohibited to issue a document retroactively, since the administrative document must reflect the date of actual publication.

An exception may be cases of prolonged absence of an employee under unclear circumstances.

The date of dismissal of a subordinate for absenteeism is considered his last day of work.

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This is also important to know:
Article 77 of the Labor Code upon dismissal: grounds for terminating an employment contract

If he was absent for the entire work shift, then the date of dismissal is considered to be the day preceding this event (Article 84.1 of the Labor Code of the Russian Federation).

Nuances of an order for dismissal for absenteeism

An order of dismissal for absenteeism is drawn up on the standard form T-8, approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1, or developed by the organization independently.

The order has the following features:

• As a basis for terminating relations with an employee, it makes reference to subsection. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation and provide the text that follows from this paragraph: for a one-time gross violation of labor duties by an employee (absenteeism).
• Referring to the documents justifying the dismissal, the order lists the names, numbers and dates of all documents drawn up in connection with absenteeism (letter of the Federal Service for Labor and Employment of the Russian Federation dated June 1, 2011 No. 1493-6-1).
• The date of the order may not coincide with the date of dismissal if the employee, having returned from absenteeism, did not begin his duties or did not show up at work at all (letter of the Federal Service for Labor and Employment of the Russian Federation dated July 11, 2006 No. 1074-6-1). If he starts working, he is fired on the date of his last day of work.
• The document may not contain the signature of the dismissed employee if he did not show up for work. About the impossibility of obtaining a signature, a corresponding note is made in the order (Article 84.1 of the Labor Code of the Russian Federation), a copy of which can be sent to the employee by mail.

If a group of people are fired due to absenteeism, you can use an order in the T-8a form, drawn up in compliance with the same features.

Payments due to an employee upon dismissal for absenteeism are calculated in the usual manner, including the calculation of compensation for unused vacation.

For information on how to calculate this compensation, read the article “Calculation of compensation for unused vacation according to the Labor Code of the Russian Federation.”

Sample letter of dismissal for absenteeism

To formalize the punishment, which is dismissal, for an offense in the form of absenteeism, it is enough to draw up an appropriate order. Other administrative documents are not needed for this (letter of the Federal Service for Labor and Employment of the Russian Federation dated June 1, 2011 No. 1493-6-1).

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Sample dismissal order

A sample order of dismissal due to absenteeism on a T-8 form can be downloaded on our website.

The nuances of dismissal for absenteeism

Termination of an employment contract has its own characteristics, depending on the category of the employee and the time of his entry into service. Let's take a closer look at them.

Is it possible to issue an order without the presence of the violator?

The procedure for terminating an employment agreement requires the execution of a number of documents, and almost all of them must bear the signature of the violator. His prolonged absence from the workplace makes the dismissal process difficult, but does not make it impossible.

If the offender does not show up for duty, management has 2 options:

1. Wait for him to come out, recording each day of absence on the report card. The problem with the implementation of the violator’s labor duties can be solved by hiring a temporary employee or assigning functions to one of the team members.
2. Request an explanatory note by sending a registered letter to the violator’s place of registration with a list of the contents and a notification of delivery. In this case, the time required for delivery of correspondence will have to be added to the waiting period for a response.

Different categories of employees

The legislator determines the category of persons whose dismissal in case of failure to appear for service is impossible. These include:

• women expecting the birth of a child;
• women raising young children (under 14 years old) alone;
• a mother/father with many children whose youngest child is under 3 years old;
• mother/father or sole breadwinner of a disabled child under 18 years of age.

Termination of an employment contract based on a pass is carried out in the general manner for all other categories of employees, including:

• young specialists;
• part-time workers;
• civil servants;
• military.

In this case, the last category will suffer the most, since after dismissal for absenteeism, it will be impossible to enter military service.

Illegal dismissal

Termination of an employment contract will be unlawful if:

• time away = 4 hours or less;
• the absence was not continuous (the employee appeared in the organization and left again);
• the employee is located on the territory of the enterprise, but is not assigned a separate workplace;
• the employee went on vacation without notifying management, but according to the approved schedule;
• the contract cancellation procedure was carried out with violations;
• despite the lack of prior notice, the employee provided documentary evidence that the reason for absence was valid;
• the employee was absent on a day of rest received without the director (for example, when donating blood).

How to correctly draw up a dismissal order for absenteeism in 2021?

The order on deduction for absenteeism refers to an administrative document that performs two functions:

• Imposition of punishment on the guilty working person by expulsion.
• Termination of employment relationships.

Such an order can be drawn up on a standardized T-8 form or in a free style - on a standard sheet of paper, A4 format, or on the company’s letterhead.

( Video : “What to do if you were fired for absenteeism”)

When filling out an administrative document on dismissal, you must follow certain rules. Despite the fact that the T-8 form is not mandatory for use, many business managers prefer to use such a form when preparing such an order, since when developing your own template, you must certainly display the same details as in the unified T-8 form. Therefore, regardless of the chosen form of the order to expel an employee for absenteeism, when drawing up this document, you need to fill out the following information:

1. Name of company.
2. OKPO code of the enterprise.
3. Order number and date of its publication.
4. Title of the administrative document.

1) In the administrative part of the form the following is filled out:

• Details of the TD that is being terminated, indicating the date and number of the TD.
• Date of deduction.
• FULL NAME. expelled employee.
• His personnel number (if available).
• The name of the structural department where the offender worked.
• The vacancy occupied by the culprit.
• Grounds for issuing the order, with reference to clause. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation.
• Displaying the details of the documents on the basis of which the order is issued (memo, act, explanation of the violator, etc.).

2) The final part of the form displays:

• The position of the head of the enterprise and his signature, with a transcript.
• The signature of the dismissed specialist indicating that the order has been read and the date of review.
• Details of the trade union committee document on consent to the expulsion of a specialist.

You can watch the video on how to form an order to expel a specialist

What should the order contain?

An order to expel an employee for absenteeism must contain the following information:

1. Name of the enterprise.
2. Number and date of signing.
3. Document's name.
4. Details of the offender, indicating his full name, position and structural department where he worked.
5. Grounds for expulsion of the guilty person (Article 81 of the Labor Code of the Russian Federation).
6. Details of the attached documents.
7. Signature of the director of the enterprise.
8. Signature of the expelled person confirming acquaintance with the order.
9. Details of the trade union committee protocol on approval of the order.

Deadlines and dates

To publish an order to expel an employee for absenteeism, the preliminary execution of all the documents listed above is required. At the same time, the legislation of the Russian Federation limits the period for publishing an expulsion order to one month from the date of detection of the violation (Article 193 of the Labor Code of the Russian Federation). At the same time, such an administrative document cannot be published after six months if the offense was discovered late.

After identifying a violation, the absentee must, no later than 2 days, provide his immediate superior with a written explanation of the absence from work, indicating the reasons. If you refuse to write an explanation, an act is formed. The two-day period for providing an explanation is included in the one-month period for publishing the order.

Sample order of dismissal for absenteeism in 2021

Results

Even a single missed day of work can become grounds for unilateral dismissal. Its features:

• it is necessary to prove that this is really absenteeism - i.e. the fact that the employee was not at the workplace for more than 4 hours without a good reason;
• before issuing an order of dismissal, it is necessary to prepare a number of documents - a completed attendance sheet, a certificate of absence, a written request to provide an explanation of the reasons for the absence, an explanatory note from the employee;
• the degree of validity of the reason for absence is determined by the manager, but there are generally accepted grounds when failure to appear is not considered absenteeism (illness, emergencies, participation in rallies, performance of government tasks, etc.);
• You can terminate an employment agreement for failure to appear for work within 1 month after absenteeism is detected and within six months from the date of violation;
• accompanying documents necessary to complete the dismissal procedure (notification of the employee, statement of absence, explanatory note) are drawn up in free form, indicating the necessary information and observing the rules of business correspondence;
• for an order of dismissal for absenteeism, a special form T-8 has been established, in accordance with which the form must be filled out;
• an order of dismissal for absenteeism is at the same time an order to impose a disciplinary sanction;
• dismissal will be illegal if the absence is less than 4 hours, it is not continuous, the employee does not have a special workplace, or errors were made in the contract termination procedure;
• if an employee does not appear on site for a long time, a notification is sent to his place of registration about the need to provide an explanatory note (by registered mail with a list of the contents and a return receipt);
• violations in the dismissal procedure may become the basis for the violator to appeal to supervisory authorities, which may lead to the imposition of penalties on the manager and his reinstatement;
• Pregnant women, women raising children under 14 years of age alone, a father/mother with many children whose youngest child is under 3 years of age, and the breadwinner of a disabled minor cannot be fired for missing a day of work without a valid reason.

Thus, failure to show up for duty may result in the cancellation of the contract. But the parties need to know all the features of the procedure, since any violation will become grounds for dismissal to be considered illegal.

How to properly document the fact of absenteeism?

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

Drawing up an employee absenteeism report

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

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

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

Verification of information on the fact of violation

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

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

Order on disciplinary action for absenteeism

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

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

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

Expert opinion

Lebedev Sergey Fedorovich

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

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

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