How absenteeism is arranged and what are the subtleties in various situations. Sample order "Reprimand for absenteeism"

Every employer faces a rather difficult task every day, namely, to cooperate with employees and ensure the stable operation of the organization. For successful activity, it is necessary not only to carefully select personnel, but also to manage them wisely. Of course, good bosses always know how to use the talents of their employees, and they deserve the respect of their subordinates.

But absolutely everything never goes smoothly, and it is extremely unpleasant. Irresponsibility on their part can manifest itself in different ways, but in our article we will consider absenteeism. How to draw up an act of absenteeism? How to issue an order for absenteeism without dismissal, observing all the necessary rules? All this - later in our article.

If the presence of an employee was necessary at a particular workplace, and the absence could jeopardize the entire work of the organization, then first of all, of course, it is necessary to provide a replacement. After that, it is already required to find out whether the absence of a particular employee at the workplace (shift) is absenteeism.

What is a walk?

According to the current legislation, absenteeism is the absence of:

• For more than four hours;
• Throughout the working day(shifts);
• Due to unauthorized leave without notice(or unauthorized appointment of a day off);
• at will, i.e. neglect lasting two weeks;
• Due to the lack of warning about desire or ignoring the deadline set by him.

The fact of absenteeism is recorded in the form of an act, the correct preparation of which we will discuss below.

In addition to the above characteristics of absenteeism, the employee should not have good reasons for being absent from his workplace. That is, he either cannot justify his own failure to appear at the appointed time, or is not able to confirm the reason he calls.

What would not be considered absenteeism?

Of course, in some cases, failure to appear will not be considered absenteeism. Legislatively absenteeism cannot be declared absence from the workplace due to:

• Fulfillment by an employee of public duties. This can be both participation in a court session, a visit to the military registration and enlistment office, and a visit to the police;
• Arrest or detention;
• Donating blood on the day appointed by medical workers or necessary rest immediately after donating blood, if the worker is a donor;
• Lack of knowledge about the need to go to a shift with changes in the schedule. Such a reason is valid only if the employee was not notified against signature. A mere verbal notice or announcement has no legal force in this matter;
• Refusal to leave on a legal day off(as well as during vacation) by order of the head. Or in a situation where the employee was not familiar with this order in advance.

Of course, the illness of an employee can also be attributed to good reasons. In this case, he will need to confirm his incapacity for work with a medical certificate.

A complete list of reasons that are good enough for absenteeism is assigned by each individual enterprise. Legislatively, such a list is not clearly marked, for this reason, in the event of a conflict, it is necessary to study in detail not only the employment contract, but also the general internal rules of the organization.

How to properly document the fact of absenteeism?

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

Registration of an act on absenteeism of an employee

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 such information as:

• manager data, who wrote the document;
• Surname, name, patronymic and position of the employee who committed the violation;
• Date of absenteeism;
• Time of absence of the violator at the established workplace. If he did appear, then the time of arrival and departure is indicated. If he did not take the shift at all, then the total time of absence is indicated;
• Date and time of the act. It can be drawn up both on the day of the violation and the next day;
• Signatures of three employees who certified the act. The data of each of the signatory employees, as well as the data of the violator, are indicated along with the positions held.

In addition to the points described above, a separate column may be present in the act to indicate the reason for the absence. As a standard, it indicates “absence for an unexplained reason”, abbreviated as “NN”.

Verification of information on the fact of violation

Before compiling, you must receive a response from the violator or take steps to obtain it. If the employee gets in touch and independently expresses a desire to justify his absence, then he will need to write an explanatory note indicating the reasons. Supporting documents may also be attached to it. The term 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 explanatory note on his own, you must ask him for a 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 the place of his registration. It should contain a request to justify the absence (absence) of the employee at the workplace at the appointed time.

There are also situations when an employee refuses to give justification or give reasons for non-appearance. In this case, it is necessary to document his refusal by drawing up a separate act. Or, if the norms of the enterprise provide for another document for these purposes, you can use paper of a different compilation format.

Order for disciplinary action for absenteeism

After clarification of the information and its execution in the required form, an order is drawn up for disciplinary action for. It must be issued no later than one 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 an employee, however, an order for absenteeism may be without dismissal.

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

• Comment;
• Deprivation of the right to additional allowance(remuneration for long service, bonuses, other payments not guaranteed by law) or a reduction in the amount of a one-time remuneration to the norms established by law.

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

The economic conditions of the activities of business entities dictate the need to hire the optimal number of employees. This implies that there is no duplication of duties and functions. Therefore, the absence of even one employee from work can cause a stressful situation. Unfortunately, such phenomena are not uncommon and they cause significant damage to the business.

An unreliable person who may leave for no reason or not come to work at all creates unexpected disruptions in the activities of the enterprise, and sometimes such actions lead to direct material losses.

Entrepreneurs try to "get rid" of such "workers" by any means. If it is not possible to “leave” such an employee peacefully, then you have to fire him for absenteeism. Such an action is not an easy task for the employer and a big nuisance for the employee. Indeed, when looking for a new job, an entry of this kind in the work book prevents not only from claiming a decent salary, but calls into question the receipt of a new job. Therefore, very often "workers" dismissed "under the article" go to court, hoping to cancel or change this entry. This they manage to do only when the employer has made a mistake.

Getting rid of a truant, but at the same time observing the procedure for dismissal for absenteeism is not as easy as it seems at first glance. Even small deviations and inaccuracies in observing the procedure for dismissal for absenteeism can lead to the need to reinstate a negligent employee for formal reasons. This leads to the need to pay considerable amounts for forced absenteeism. Therefore, knowledge of such a procedure is the responsibility of both personnel officers and managers at all levels.

The legislation interprets the term "truancy" as the absence of an employee from the workplace for more than four hours in one day in the absence of a good reason. Note that the key phrase here is the second part of the definition. This means that, for example, no one saw the employee for several days (he did not answer the phone, did not open the door of the dwelling, etc.), and after dismissal he proved that he was absent for a good reason, then the court will reinstate him at work . In labor disputes, the main thing is the observance of procedure. Consider the implementation of the dismissal procedure for absenteeism (step-by-step diagram).

Document absence

The Labor Code of the Russian Federation correctly answers the question of how to dismiss for absenteeism. But not everything that happens in life can be described in law. However, the scope of the law determines the sequence of actions. What should be done? First, it is necessary to establish and prove the absence of the employee at the workplace during the time specified by law (see above). The following circumstances must be kept in mind. Firstly, even if the employee was absent from the workplace for an hour in the morning, and then arbitrarily left work three and a half hours before the end of the work shift, then this falls under the definition of “truancy”. This is due to the fact that 1 + 3.5 = 4.5, that is, the total absence per day is more than four hours. Secondly, the facts imputed to the fault of the employee must be documented.

Now let's find out what is a workplace? The presence of an accountant on the territory of the enterprise (for example, in a garage) throughout the working day is his absence from the workplace or not? Yes and no. If the accountant's job description indicates that his workplace is accounting, then yes. If this entry is missing in the instructions, then no.

So, the employee was not at the workplace for more than four hours, or he was absent from work for one day or several days. How is dismissal for absenteeism made in this case? The most correct action would be to draw up an act. The act fixing the violation must be signed by at least two witnesses. Here is an example of such an act.

OOO "Diamond Instrument"

Novosibirsk, street ХХХХХХХХХХХ

Registration of absenteeism for an employee often used as a basis for dismissing such an employee when the manager has long been looking for a reason to part with him. But as a rule, such an employee, having applied to the court, easily wins the case. And all because the employer did not bother to timely and correctly arrange the absenteeism of the employee.

Walk on the law

The Labor Code of the Russian Federation understands absenteeism as the absence of an employee at his workplace for more than four hours in a row without good reason during the working day (shift). Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” clarifies that the following are considered disrespectful reasons:

- unauthorized use of time off and vacations;
– refusal to work the two weeks prescribed by law before dismissal of one’s own free will, if this was not the consent of the employer;
- leaving work without a good reason for an employee who has concluded an employment contract for a certain period, before the expiration of its term or the period of warning of early termination of the employment contract.

At the same time, the employer is not entitled to issue absenteeism on these points to pregnant women, donor employees after blood donation, or employees who are on legally issued leave.

Also remember that for absenteeism, the law allows you to limit yourself to a remark or reprimand, and dismissal is an extreme measure. But if such a fact took place, the registration of absenteeism for the employee must undergo certain documentary registration.

Registration of absenteeism for an employee

Before you issue absenteeism, you should know that any disciplinary sanction can be applied within a month from the date the misconduct was discovered. This period does not include periods of sick leave and regular holidays, as well as the time during which the representative body of employees must express its opinion.

It happens that an employee has a really good reason for absence, but due to some circumstances he cannot make himself felt. In this case, in order not to go too far, for a start it is enough to simply record the fact of the absence of an employee by drawing up an appropriate act. It should indicate:

- place, time and date of compilation;
- full name and position of the compiler;
- Name and position of witnesses from among the employees who can confirm that their colleague was absent from the workplace;
- signatures of witnesses and the drafter of the act.

Until the employee appears at work, he is time-sheeted with the code “НН” (“30”) - the employee’s absence for unknown reasons. Further, the code can be replaced by "B" ("19") - temporary disability or "PR" ("24") - absenteeism, in accordance with the clarified reasons.

If the truant after some time calmly returns to the workplace, then it is necessary to decide how to arrange the absenteeism of the employee. To do this, he must be acquainted with the act and require written explanations. Moreover, the requirement is also expressed in writing, so that later in court it could be used as evidence.

Such a notice fixes the period during which the employee must provide an explanatory note (usually two business days). If all this was ignored by the employee, an appropriate act is drawn up and you can safely issue an order for dismissal. He is acquainted with this document within three days against signature. If he refuses to put it, then in this case the corresponding act is drawn up again.

This is the general order in which employee absenteeism.

The act of absence of an employee in the workplace - sample

Sample Notice of the need to provide explanations for the absence from the workplace

A sample of an explanatory note for an employee about the absence