Step-by-step procedure of dismissal for absenteeism. How to dismiss for absenteeism correctly

Today we will be interested in the step-by-step procedure of dismissal for absenteeism. This process in real life is not so easy to implement as it seems. After all, not always absence in the workplace is considered a truancy. Therefore, employers may have some problems with the implementation of the idea. Also, dismissal is not the only way to punish a negligent employee. It turns out that absenteeism does not in all cases entail the deprivation of the workplace. What should the employer know about this procedure? How to properly prepare for the dismissal of a truant?

Definition of absence

The first step that needs to be taken is to establish the fact that the subordinate has missed the working day. To do this is very problematic. Under what circumstances is the dismissal threatened for absenteeism? A step-by-step procedure will help to understand this.

The Labor Code of the Russian Federation states that any subordinate can be dismissed for lack of work at the workplace without valid reasons. Even if it is a question of the first pass. The main problem is that absenteeism has an ambiguous definition. And if the employer was unable to establish the fact of an illegal day-off without good reason, no dismissal can take place. This is the main problem faced by employers.

So what is absenteeism? This is the absence of an employee in the workplace for more than 4 hours in a row. At the same time, the Labor Code emphasizes that a subordinate should not have good reasons for missing a working shift.

Good reasons

How does the employee get fired for absenteeism? The procedure and step-by-step instructions of this process are difficult only at the very beginning. Namely, in determining how much respect was the reason for the absence of an employee at work. Why are there problems? In the Labor Code, there are no clear definitions when a working day or shift is missed for valid reasons. But such phenomena include:

• Temporary incapacity for work of a subordinate;
• Being in the performance of civil or public obligations;
• Delivery of blood or medical examination for this procedure;
• Participation in strikes;
• The imprisonment of the employee (for example, arrest);
• Emergency situations that led to a lack of work and transport problems;
• Delay in salary for a period exceeding 15 days;
• Carrying out the work of emergency services, which require access to the employee's home.

You can see that the respect for absence in the workplace is not as easy as it seems. Therefore, the employer must at the very beginning of the dismissal process not only know the definition of absenteeism, but also to understand how respectful the reason for the absence of a subordinate in the workplace was. What other actions should the chief make to realize the task?

Act of Offense

How to dismiss an employee for absenteeism? A step-by-step instruction will help you understand this. The main important points have already been considered is the definition of absenteeism and valid reasons for the absence. An error in deciding whether to dismiss a subordinate may lead to the employer's liability.

If you are sure that your employee is just shirking work, be sure to fix the offense. The act of the act is made. His confirmation should be any evidence of the absence of a citizen at work for more than 4 hours continuously. Remember, until this point, absenteeism does not take place.

Also, the evidence of the absence of a subordinate at work can serve as a note of colleagues, video recordings and other sources of information that are recorded when the personnel stay and leave the company.

Checking the possibility of dismissal

What should I do next to properly fill out the dismissal for absenteeism? A step-by-step procedure indicates that, after drawing up an act on the omission of a working day (shift), and also collecting evidence, the employer must necessarily check how lawful his actions are.

In some cases, you can not dismiss citizens on the initiative of the employer. Then for absenteeism an employee can not be deprived of work. For example, the Labor Code prohibits the dismissal of pregnant women. The employer can not, under any pretext, at his own request, be able to deprive the employee of the position of work. Unless during the liquidation of an enterprise, dismissal takes place.

Disciplinary sanctions

The next step is not envisaged for all employers, but only for those who for disciplinary reasons stipulate disciplinary sanctions. The step-by-step procedure of dismissal for absenteeism indicates that after all of the above measures it is necessary to check the timing of imposing disciplinary payments.

At the moment such penalties are possible within a month from the day when the employer learned about the misconduct. Disciplinary payments are not applied later than six months from the moment of absenteeism.

Explanatory

Before the direct execution of the dismissal begins, the employer must demand an explanatory note from the subordinate. This is the main document on which the whole process of depriving an employee of his work depends.

The explanatory is written in free form. In it, the subordinate must describe all the circumstances in which he was absent from work more than 4 hours. If there is evidence, they must be presented.

Further, the employer assesses whether a workday pass is considered a truancy. If so, you can proceed to the next step. No? Then you have no right to dismiss the subordinate. If the frame then appeals to the court, the law enforcement authorities will not be on your side.

If the employee does not provide an explanation to his manager within 2 days from the moment the document is requested, the employer must draw up an act on this. In the case of litigation, this approach can protect the boss.

Order

The step-by-step procedure of dismissal for absenteeism provides for mandatory publication of an order to remove a subordinate from work. But remember, you can compose it only after you have studied the reason for the absence of a subordinate.

When drafting the dismissal order, remember that you can not deprive the work of an employee who, at the time of issuing the document, is on vacation. This restriction also extends to cases where the frame is temporarily disabled. These rules are specified in Article 81 of the LC RF.

Please note that it is necessary to prescribe in the dismissal order the reason for applying the punishment in the form of a full suspension from work. The dismissal under subparagraph "a" of clause 6 of Article 81 of the LC RF is prescribed. This is a mandatory step. Further, the dismissal order is registered by the personnel.

Acquaintance

Documenting the dismissal of the employee for absenteeism is almost complete. The main part is passed. Now it's a little thing. After issuing the dismissal order, you must obtain the signature of the subordinate on this document. The employer must familiarize the employee with the penalty applied.

Of course, "according to the article" very few people will agree to resign. If the employer seriously intends to abandon the frame, it is enough to make a special inscription on the order that the citizen refused to sign the order. It is advisable to prepare any evidence of familiarization of the subordinate with the document. For example, make a video recording. It may be required if the employee decides to go to court with a complaint about unlawful removal from work. Is it threatening to be fired for absenteeism? A step-by-step instruction indicates some features of this process.

If there was no signature on the order, it would be necessary to draw up another act, which states that the subordinate refused to sign the document presented for inspection.

Calculation

What else is needed to properly formalize the dismissal for absenteeism? A step-by-step procedure (scheme) indicates that the employer must compulsorily settle with the subordinate for the time worked. If this item is neglected, you can prepare for responsibility.

The employer must prepare and provide a note-calculation to the subordinate. With it, the frame is sent to the accounting department in order to get the money for the previously worked time.

Cash is paid on the day of dismissal. This is ideal. If by that time the frame was not, then this operation is carried out on the next day after the employee has applied for settlement to the accounting department.

Workbook and card

How to dismiss an employee for absenteeism correctly? After the calculation with the subordinate, it is necessary to make appropriate notes in the work record book of the frame, as well as in his personal card. The reason for dismissal is necessarily indicated. It should be exactly the same as on the order issued earlier.

The dismissed person must sign a personal card stating that the changes were made, he is aware of this act. If an employee refuses to sign, an act is drawn up about this. You can do without it, but in case of litigation any documents can help the employer prove his innocence and legality of actions.

The next step is to create a copy of the work book of a subordinate. This item is optional. Many employers simply skip it. After dismissal on the "article" - this is a potentially problematic situation. It spoils all statistics and has a negative impact on the employer's reputation. Therefore, you can simply give the workbook to the dismissed frame.

By the way, the employer is obliged to return this document to the subordinate. Even if the employee in general is left to the enterprise. No one has the right to retain the work books of the dismissed.

How to fire for absenteeism? Step-by-step procedure should be fully observed. Only in this way the employer is able to protect themselves. Often there are situations in which a lay-off does not want to take a work book. In this case, it is necessary to send a notification to the employee by registered mail informing them that the frame should pick up the "work" one. It is also recommended that when an employee refuses to write a book about the incident.

If there are no resistances, the frame gets "labor", then it is signed in a special journal for recording the movements of workbooks of subordinates at the enterprise. Thus, the fact of receipt of the document is confirmed.

Income Statement

It's all. Now it is clear how the dismissal for absenteeism occurs. The instruction for this procedure provides for one more item. It is optional, but if you implement it, you do not have to worry that you will still run into a truant.

It is recommended that by the time of the dismissal of the "article" for absenteeism, issue to a subordinate a certificate of his income in the form of 2-NDFL. Under the law, the employee has the right to demand this document from the employer at any time.

Bear in mind that the judiciary usually stands up for the protection of the dismissed frame, if the employer made the slightest mistake in drafting the dismissal on the "article". This must be taken into account. Step-by-step procedure of dismissal for absenteeism is completed. Following these rules, you can not worry about the fact that the process of dismissing an employee will be violated.