A walk at work

A walk at work refers to disciplinary offenses. Disciplinary offenses include the failure or improper performance of an employee's work duties through his fault. An absentee is the absence of an employee in the workplace without good reason, without the employer's warning and consent.

Many employees consider truancy at work a minor offense, but do not forget that For lack of a workplace without good reason, the employer has the right to impose a disciplinary penalty - Remark, reprimand and even dismissal.

Procedure for applying disciplinary sanctions is described in Article 193 of the LC RF. Before applying a disciplinary penalty for absenteeism at work, the employer must record the absence of an employee in the workplace, drawing up an act of absenteeism, and request an explanation from him in writing, which he must provide within two working days.

If the employee is absent from the workplace for several days without notifying the employer, acts of absenteeism are drawn up daily, andThe request for explanation can be sent by telegram with a read receipt. Also, the employer can go home to the missing employee. If he is not at home, an act of absence is drawn up, which is certified by the signature of one of the neighbors.

If after two days from the date of drawing upthe act of absenteeism was not explained (or the reason for absenteeism indicated in the explanation was not recognized as valid), the employer draw up a relevant act, and the employee is subject to disciplinary action.

Within three working days from the date of publication by the employer order (order) on the application of disciplinary punishment (not counting the absence of the employee at work), this order must be announced to the employee against the signature.

In what cases is it possible to lay off for absenteeism? To the grounds for dismissal for absenteeism at workrefer to staying outside the workplace for more than four hours in a row without justifiable reasons, as well as absence from work without justifiable reasons during the entire shift (working day), regardless of its (its) duration. The employment contract is terminated on the basis of clause 6 of Article 81 of the Labor Code of the Russian Federation (a single gross violation of the employee's job obligations).

Also, a walk for which they can be dismissed is considered unauthorized departure to basic or additional leave or unauthorized use of compensatory days. However, it is worth remembering that if the employerrefused the employee to use the days of rest prescribed by law (for example, the day off on donation), absenteeism will not be considered absenteeism.

Dismissal for absenteeism at work will not be considered legal if the employer has violated the order of dismissal (recording the fact that the employee is absent from the workplaceplace, requesting an explanation, clarifying the circumstances and applying the penalty within a month from the date of detection of a disciplinary offense). That is, even if in fact the absence in the workplace for a disrespectful reason took place, but the dismissal procedure was violated, the employee can be reinstated at work by a court decision.

It is worth taking into account a couple of points. Firstly, the employer determines the validity of the reason given by the employee in the explanatory. Secondly, disciplinary punishment is not the duty of the employer, but his right. If an employee lodges a complaint and challenges a disciplinary sanction, say, in a labor inspection, and it is found unfounded, the employer will be liable.

If you did not get to go to work for some reason, try warn the employer, otherwise the consequences can be very unpleasant - if not dismissal, then a fair hassle to you is exactly ensured.