Today we will be interested in a step-by-step procedure for dismissal for absenteeism. This process in real life is not as easy to realize as it seems. After all, far from always the absence in the workplace is considered truancy. Therefore, employers may have some problems with the implementation of ideas. 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 an employer know about this procedure? How to prepare for the dismissal of truant?
Defining truancy
The first step that needs to be taken is to establish the fact that the subordinate just skipped the work day. To do this is very problematic. Under what circumstances is firing for absenteeism threatened? A step-by-step procedure will help you figure this out.
The Labor Code of the Russian Federation states that any subordinate can be dismissed for absence from the workplace without good reason. Even if we are talking about the first pass. The main problem is that truancy has an ambiguous definition. And if the employer was not able to establish the fact of an illegal pass of the working day without good reason, no dismissal can take place. This is the main problem that employers face.
So what is truancy? This is the absence of an employee in the workplace for more than 4 hours in a row. Moreover, the Labor Code emphasizes that a subordinate should not have good reasons for skipping a shift.
Good reasons
How does an employee get fired for absenteeism? The procedure and step-by-step instructions for this process are difficult only at the very beginning. Namely, in determining how justifiable the reason for the absence of an employee at work was. Why are there problems? There are no clear definitions in the Labor Code when a workday or shift pass is considered missed for valid reasons. But these phenomena include:
- temporary disability of a subordinate;
- being in the performance of civil or social obligations;
- blood donation or medical examination for this procedure;
- participation in strikes;
- detention of an employee (e.g. arrest);
- emergency situations leading to absence from work and transportation problems;
- delayed salary for a period exceeding 15 days;
- emergency services that require access to the employee’s home.
You may notice that the respect for absenteeism is not as easy to establish as it seems. Therefore, the employer should at the very beginning of the dismissal process not only know the definition of absenteeism, but also understand how justified the reason for the absence of a subordinate in the workplace was. What other actions should the chief do to implement the task?
Offense
How to fire an employee for absenteeism? Step-by-step instructions will help you figure this out. The main important points have already been considered - this is the definition of absenteeism and good reasons for the absence. An error in deciding on the dismissal of a subordinate may result in liability of the employer.
If you are sure that your employee is skipping work, be sure to record the offense. An act of action is drawn up. His confirmation should be any evidence of the absence of a citizen at work for more than 4 hours continuously. Remember, until this moment truancy does not take place.
Also, proof of the absence of a subordinate at work can serve as notes of colleagues, videos, and other sources of information that record when personnel stay and leave the company.
Dismissal Check
What to do next to properly arrange a dismissal for absenteeism? The step-by-step procedure indicates that after drawing up the act of skipping a working day (shift), as well as collecting evidence, the employer must mandatory check how legitimate his actions are.
In some cases, citizens cannot be fired on the personal initiative of the employer. Then for absenteeism the employee cannot be deprived of work. For example, the Labor Code prohibits the dismissal of pregnant women. Under no pretext, the employer of his own free will is not able to deprive the employee of the position of work. Unless, upon liquidation of the enterprise, dismissal takes place.
Disciplinary action
The next step is not provided for all employers, but only for those who provide for disciplinary action for breaches of the employment contract. The step-by-step procedure for dismissal for absenteeism indicates that after all of the above measures it is necessary to check the timing of the imposition of disciplinary payments.
At the moment, such penalties are possible within a month from the day when the employer found out about the misconduct. Disciplinary payments later than six months from the moment of absenteeism are not applied.
Explanatory
Before the direct execution of the dismissal begins, the employer must require an explanatory note from the subordinate. This is the main document on which the entire process of depriving an employee of their 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 for more than 4 hours. If there is evidence, they must be presented.
Further, the employer evaluates whether a work day pass is really considered absenteeism. If so, you can proceed to the next step. No? Then you do not have the right to fire a subordinate. If the shot in this case goes to court, the law enforcement authorities will not be on your side.
If the employee does not provide his supervisor with an explanatory note within 2 days from the date of requesting the document, the employer must draw up an act of this. In the case of litigation, this approach can protect the boss.
Order
A step-by-step procedure for dismissal for truancy provides for the mandatory publication of an order to remove a subordinate from work. But remember, you can only compose it after you study the reason for the absence of a subordinate.
When drawing up the dismissal order, remember that you cannot deprive the employee of a person who is on vacation at the time of publication of the document. This restriction also applies to cases where the frame is temporarily disabled. These rules are specified in article 81 of the Labor Code of the Russian Federation.
Pay attention to the fact that the reason for applying the punishment in the form of complete removal from work must be prescribed in the dismissal order. Dismissal is prescribed under subparagraph "a" of paragraph 6 of Article 81 of the Labor Code of the Russian Federation. This is a required step. Further, the dismissal order is registered by personnel.
Acquaintance
The paperwork for dismissing an employee for absenteeism is almost complete. The main part is passed. Now it's up to the small. After issuing the order of dismissal, you must obtain the signature of a subordinate on this document. The employer must familiarize the employee with the applied punishment.
Of course, “under the article” few people agree to quit. If the employer seriously intends to refuse 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. It may be required if the employee decides to go to court with a complaint about illegal removal from work. Threatened dismissal for absenteeism? Step-by-step instructions indicate some of the features of this process.
If the order did not have a signature, it will be necessary to draw up another act, which states that the subordinate refused to sign the document presented for review.
Payment
What else is needed to properly execute a dismissal for truancy? A step-by-step procedure (scheme) indicates that the employer must make a calculation with a subordinate for the time worked. If this point is neglected, you can prepare for liability.
The employer must prepare and submit a note-calculation subordinate. With it, the frame is sent to the accounting department in order to receive the required funds for the previously worked time.
Cash is paid on the day of dismissal. This is ideal. If at that time there was no frame, then this operation is carried out the next day after an employee contacts the accounting department for settlement.
Workbook and card
How to fire an employee for absenteeism correctly? After making the calculation with a subordinate, it is necessary to make appropriate marks in the workbook of the frame, as well as in his personal card. Be sure to indicate the reason for dismissal. It should be exactly the same as on the order issued earlier.
The dismissed must put a signature on his personal card stating that the changes were made, he is aware of this act. If an employee refuses to sign, an act of this is drawn up. You can do without him, but in the case of litigation, any documents can help the employer prove his innocence and legality.
The next step is to create a copy of the workbook of the subordinate. This item is optional. Many employers simply skip it. After all, dismissal under an “article” is a potentially problematic situation. It spoils all statistics and has a negative impact on the reputation of the employer. Therefore, you can simply give the work book to the dismissed staff.
By the way, the employer is obliged to return this document to the subordinate. Even if an employee generally owed to the company. No one has the right to keep the employment records of the dismissed.
How to fire for absenteeism? The step-by-step procedure must be fully followed. Only in this way is the employer able to protect himself. Often there are situations in which the dismissed does not want to take the work book. In this case, it is necessary to send a notification to the employee by registered letter stating that the staff should pick up the “labor” one. It is also recommended that when an employee refuses a book, draw up an act of this incident.
If there are no resistance, the frame gets “labor”, after which it is signed in a special register of movements of labor books of subordinates at the enterprise. Thus, the fact of receipt of the document is confirmed.
Income statement
It's all. Now it’s clear how dismissal for absenteeism occurs. The instruction to this procedure provides one more point. It is optional, but if you bring it to life, you do not have to worry that you will still encounter truant.
It is recommended that at the time of filling out the “article” for absenteeism, issue a subordinate a certificate of his income in the form of 2-personal income tax. By law, an employee has the right to demand this document from the employer at any time.
Please note that the judiciary usually defends the dismissed staff if the employer made the slightest mistake when filling out the “article”. This must be taken into account. The step-by-step procedure for dismissal for absenteeism is completed. Following these rules, you can not worry about the fact that the process of removal of the employee will be violated.