Today we will study the sample order for dismissal for absenteeism. Every employer should be able to make such a paper. Indeed, absenteeism among subordinates is not any rarity. And often such an act leads to the termination of the employment contract. But how to bring the idea to life? What you need to know about dismissal for absenteeism? Read the answers to these and other questions.
Defining truancy
The sample order of dismissal does not stand out anything special. To begin with, it is worthwhile to understand the circumstances under which an employer can terminate a labor agreement with his subordinate.
Absenteeism is an intentional omission of work for at least 4 continuous hours without warning or without reason. Accordingly, it is sometimes difficult to understand whether there was a truancy or not. Often, such issues are resolved in court.
About the validity of the reasons for the absence
In some situations, it happens that the order to dismiss an employee is ready, but it is not possible to use it. After all, truancy simply may not be the case.
So, for example, if a person was on the territory of the enterprise, but he did not visit his place of work, such an act would not be considered truancy. And to terminate the contract with a subordinate does not work.
In addition, most often, good reasons for skipping a work day are:
- participation in the investigation or in the court session;
- Detention
- natural disasters;
- transport collapses;
- emergency work, inconceivable without the participation of the employee;
- being on sick leave;
- disability periods;
- caring for children or sick relatives.
It also happens that the employer considers the reason for the absence of a person at work unimportant, and the court decides otherwise. In this case, the dismissal order does not have legal force. If it is already accepted and executed, it will be necessary to reinstate the employee in the post.
Termination Procedure
Some are interested in how exactly it is necessary to draw up a termination of relations with employers. After all, one sample order for dismissal for absenteeism is not enough.
In reality, everything is much more complicated than it seems. The employer will have to comply with many rules and laws in order to achieve justice.
Step-by-step procedure can be represented as follows:
- To establish the fact of truancy.
- Gather evidence that a person missed a job for no reason.
- Require an employee to explain and examine it.
- Make a dismissal order.
- To familiarize the citizen with the document.
- Make an entry in the work book.
- Issue to the subordinate the required documents - payroll, work book, medical book, income certificate.
- Hem order to terminate the employment relationship in the personal file of the employee.
- Send citizen documents to the organization’s archive for further storage.
It would seem that there is nothing difficult or incomprehensible in this. An order to dismiss an employee due to absenteeism is easy to write. It is much more difficult to make sure that an unreasonable absence of work has taken place, and to prove that a citizen can be fired.
About establishing absenteeism
A few words about how to establish the fact of missing work without any good reason. It is not as simple as it seems. Especially if the company does not have special checkpoints.
Usually, a written confirmation signed by several colleagues is required to translate the idea into reality. It is also necessary to obtain any materials that can indicate a violation of labor discipline. For example, a video.
Rights Check
We will study the sample of the dismissal order later. To begin with, it is worthwhile to understand all the features of the procedure for terminating relations between the employer and subordinate.
The fact of absenteeism is established. What's next? It is not worth rushing to write the corresponding order. After all, it is possible that a person cannot be fired on the initiative of the employer. Even for absenteeism.
For example, such people include pregnant women and people on parental leave. They can be dismissed only upon liquidation of the enterprise. So, the dismissal order, a sample of which is presented to our attention, simply will not have legal grounds for existence.
If a person cannot be fired under the article, some employers require termination of employment on the initiative of a subordinate. Doing so is also prohibited. Issues related to the citizen’s desire to quit the company should be decided only on a voluntary basis.
About drawing up the order
The order for dismissal for truancy, as we have already said, is not so difficult to draw up. In general, this document does not have any particular elements. Therefore, every personnel officer will be able to cope with the task.
The document is submitted only in writing. It must be signed by the head of the enterprise, as well as the dismissed person. If a citizen refuses this act, a special act will be drawn up. In it, the employer indicates the fact of refusal to familiarize with the order on termination of employment.
Typically, paper is printed on a printer. They don’t write it by hand. What should contain a sample order for dismissal for absenteeism?
As a rule, you can see in it:
- F.I.O.
- description of violation;
- the word "Order" with the clarification "on dismissal for absenteeism";
- a reference to the Labor Code allowing termination of an employment contract;
- the date of termination of the agreement previously concluded between the parties.
The main difficulties arise in connection with the establishment of the fact of truancy. And with the fact that there is no article in the Labor Law of the Russian Federation on the termination of the employment contract for missing work without reason.
About the entry in the order and in the labor
What then can be referred to when implementing the task? Before you put in the document a certifying signature of the director, the order to dismiss a subordinate due to missing work without reason requires mandatory support on the Labor Code of the Russian Federation.
A similar scenario is the dismissal at the initiative of the employer. In the work book and in the order on termination of relations of the labor type, article 81, part 1, clause 6 "a" is indicated. This is the dismissal for absenteeism.
Term for familiarization
In real life, few will voluntarily agree to sign a ready-made order for dismissal for absenteeism. This is the termination of employment under the article. This phenomenon leaves an indelible mark on the career of a citizen.
Therefore, many employees simply refuse to familiarize themselves with the document. As we already said, in this case, the employer will have to draw up an act of the established form in order to fix the fact of refusal. Moreover, the absence on the document of the signature of the dismissed does not prevent the entry into force of the order.
How long does it take to get acquainted? According to established standards - 3 days from the date of manufacture of paper. After that, as a rule, the document comes into force. This is a completely normal and legal phenomenon.
Forced measures
Sometimes the order to dismiss an employee for absenteeism does not take place, even if there really was a work permit. When is this possible? If truancy was forced. For example, caused by the actions of the employer.
What circumstances indicate a forced loss of work? For example:
- illegal dismissal or transfer to another position;
- violation of the terms of the employment contract;
- failure to perform reinstatement duties;
- delay in salary for more than 15 days;
- failure to provide work equipment necessary for the performance of labor duties.
In all these cases, absenteeism will be considered reasonable. And therefore, firing a citizen under the article will not work. Unless to make an order on dismissal at his own request subordinate, inclining him to this in advance.
Sample
Now it’s clear how you can compose the studied paper and give it a legal move. In reality, everything is much simpler than it seems.
Above is a sample order of dismissal for absenteeism. As you can see, the document does not stand out. It is much more difficult to prove the fact of an unreasonable loss of work. After all, only after this can a citizen be removed from work.