Dismissal for absenteeism: the procedure and procedure for the dismissal of an employee for absenteeism
For today, perhaps, the mostabsenteeism is a common cause of employee dismissal. This is due to the fact that dismissal for absenteeism is almost the simplest administrative article.
On the one hand, it is enough just one absentee so that the employee can be dismissed on legal grounds, while the very fact of this violation is simple enough to fix and prove.
Article "Dismissal for absenteeism" in the Labor Code of the Russian Federation
In the Labor Code of the Russian Federation, thisthe issue is disclosed in Part 6 of Article 81, subparagraph "a". According to this article, an employee can be dismissed for one or several absenteeism, which were fixed accordingly.
It should be noted that the term "absenteeism"implies the absence of an employee at his workplace for more than 4 hours. In the same cases, when the working day is 4 hours or less, then during the entire working time. In addition, it should be noted that after the employee has been registered absenteeism, he is given two working days for him to give an explanation about what happened.
In the event that the employee was absent from thevalid reason and can confirm it documentarily, it is not considered a walk. Thus, the employer is obliged to fix the absence of a subordinate in the workplace, after which to obtain explanations from him on the fact of what happened.
Procedure and procedure for dismissing an employee for absenteeism
The absence of an employee in the workplace can beis fixed in several ways: by means of an electronic system at the checkpoint, a report by a direct superior or by an act of absence drawn up in the personnel department with two witnesses.
After the missed person showed up at work,It is necessary to demand (in written or oral form) an explanatory memorandum on this matter. In the same cases, when the employee is not on the workplace for a long period, he is sent a valuable letter describing the enclosed materials, which require explaining his absence at the workplace.
And the letter, as a rule, is sent with the notification of delivery. At the same time, the company continues to draw up daily reports on the absence of an employee in the workplace.
In the absence of an explanation, athe corresponding act. After the manager was able to establish that the subordinate did not come to work for a disrespectful reason, an order for dismissal could already be signed.
Compensation on dismissal for absenteeism
At dismissal for a truancy the employer is obligedpay the employee compensation for unused vacation, as well as other types of payments provided for by the employment contract, for example, bonuses. At the same time, compensation is calculated on the basis of the period that the employee was present at the workplace, and all incomplete months are rounded to the fullest.
In what cases is the dismissal for absenteeism considered illegal?
Dismissal for absenteeism can be considered illegal when the employee has a valid reason for which he was forced to absent from the workplace.
In this case, the explanatory officer must besupported by relevant documents (for example, a certificate from the hospital, the traffic police's report on an accident, and so on). It is also considered illegal if the employer did not demand an explanation from the employee and did not acquaint him with the dismissal order.
Author: Katerina Sergeenko
