How to fire for absenteeism: step by step instructions

1. Record the absence of an employee

So that subsequently no one has doubts, absenteeism must be documented. Draw up the appropriate act. In it, record the day and time of the employee's absence, as well as the day the document was drawn up. It is important that the dates match. The act, signed retroactively, will raise doubts among the judge if the truant decides to challenge the dismissal.

It is necessary that the document be signed by three people who can confirm that the employee did not come to work - for example, they work with him in the same office. If the absence lasts several days, the act must be drawn up daily.

It is important to familiarize the truant with the contents of the signature when he appears.

Sample absence certificate →

2. Wait for an explanation from the truant

It is no coincidence that the law contains a wording about good reasons. Therefore, it is important to know why the employee did not show up to work. Perhaps he got into an emergency operation and has not yet recovered from anesthesia, so he does not get in touch. To write an explanatory note, the employee has two Article 193 of the Labor Code of the Russian Federation from the moment when it was demanded.

There is no exact list of legitimate reasons for the absence in the laws. If it was, it might look something like this:

Temporary incapacity for work, confirmed by a sick leave.
Detention, administrative arrest.
Force majeure situations, such as an accident or a utility accident, confirmed by documents.
Participation in a strike of the Labor Code of the Russian Federation, article 414.
Donation of the Labor Code of the Russian Federation, article 186 of blood and its components.
Execution of the Labor Code of the Russian Federation, article 170 of public or state duties, for example, participation in a trial as a jury, witness or military training.
Delay in wages for more than 15 days of the Labor Code of the Russian Federation, article 142, if the employee has notified the employer of the absence in writing.

If the employee refuses to give an explanation, this must also be recorded in an act with the signatures of three witnesses.

It happens that an employee disappears and it is impossible to contact him either through relatives, or by phone, or by carrier pigeon. The reason for the absence remains unknown. In this case, an internal investigation is carried out. By order of the head, a commission is created, which will find out all the circumstances and fix them in the appropriate act.

Do not approach the issue with negligence: try to contact the employee and carefully draw up the documents.

Otherwise, in the event of a trial, the court may side with the offender, even if he is clearly guilty. It is the employer who must the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 (ed. Of November 24, 2015) "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" to prove the fact of absenteeism.

If the employee does not get in touch in any way, does not pick up the phone, you can send him a request to explain himself by registered mail with acknowledgment of receipt. This will give you more evidence in case of a trial that you made every effort to clarify the situation.

3. Fire the offender

If there were no good reasons for absenteeism, you can choose any type of disciplinary action: reprimand, reprimand, or dismissal. It is necessary to bring the punishment into effect within a month of the Labor Code of the Russian Federation, Article 193 from the day of the offense or within six months from the date of its discovery. The term will be considered from the moment when you specified that this is absenteeism.

If a decision is made to part with an employee, issue a resignation order. In the line "Basis" it is necessary to list all the documents you received: acts, explanatory statements, and so on.

Within three days, it is necessary to familiarize the employee with the content of the order for signature. If the truant refuses to sign, you still have the same effective option - drawing up an act with the participation of three witnesses. The last working day of an employee is the day before absenteeism.

In the work book, the dismissal record will look like this:

The employment contract was terminated on the initiative of the employer due to absenteeism, subparagraph "a" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation.

If the employee continues to ignore you, send him a notice asking him to pick up the work book or in writing to allow you to send it by mail. Before the person reacts, keep the document with you.