The procedure for dismissal for absenteeism

 The procedure for dismissal for absenteeism

Absenteeism is the basis for termination of the employment contract on the initiative of the employer (clauses "a", clause 6, article 81 of the Labor Code of the Russian Federation). Before terminating an employment contract, the employer must fulfill, as everyone knows, a certain function.

Upon the establishment of absenteeism, the employer draws up an act, the unified form of which is not in the legislation. Therefore, this act is drawn up in a random form. Moreover, it is purposeful to indicate in the act:

• Title of the document;
• date, place, and time of its compilation;
• surname, name, patronymic, and position of the person Walsall Accountants who draws up the act. Please note that such a person may just be the manager of a structural unit or organization (provided that the organization, after all, has no structural units). Accordingly, this act is signed by the manager, it can be additionally signed by the manager of the personnel department, eyewitnesses that the employees of the organization may become;
• incidents in connection with which the act is drawn up;
• surname, name, patronymic, and position of the employee;
• date and duration of absence from work.

It should be borne in mind that this act is purposeful just to draw upon the day of truancy.

In connection with absenteeism, written explanations are requested by the employee. The request for clarification can be stated in writing and handed over to the employee against signature. No matter how strange it may be, in case of refusal to sign the requirement for written explanations, an act is also drawn up, which is purposefully drawn up by the head of the department/organization in the presence of eyewitnesses. It should be noted that employees of the organization can be eyewitnesses.

In written explanations, the employee must carefully disclose the reason for the absence from the workplace. These explanations can be just attached, as usual, written confirmation justifying the reason for the absence. Documents confirming the reason for the absence from the workplace are best claimed in the original.

If, after 2 working days from the date of the request, the employee has not provided clarifications, then a corresponding act is drawn up. If there is an act and a document indicating that an explanation was requested from the employee, the dismissal may be without clarification.

In the event that the employee, in general, provides explanations on the fact of absenteeism, the further actions of the employer will depend on the content of these explanations. The employer should assess the employee's reason for absence from the workplace. If the employer considers this reason, as everyone knows, satisfactory, then the employee will not be called to disciplinary responsibility.

Based on the results of the assessment of the explanatory note, it is possible to draw up a document in the form of an act in which it is purposeful for the employer to indicate the reason why these or other explanations of the employee are not recognized as a valid prerequisite for absence from the workplace. As strange as it may seem, the employee must be familiarized with this document against signature.