Today, perhaps the most common reason for the dismissal of an employee is absenteeism.This is due to the fact that the dismissal for absenteeism is almost the simplest administrative section.
On the one hand, it is just one absenteeism to employee could be dismissed on legal grounds, and the very fact of the violation simply fix and prove.
Article "Dismissal for absenteeism" in the Labour Code of the Russian Federation
The Labour Code of the Russian Federation, the matter is disclosed in the article 6 of Part 81, sub-paragraph "a".According to this article, the employee can be dismissed for one or more absences, which have been recorded properly.
It should be noted that the term "absence" implies a lack of personnel in the workplace for more than 4 hours.In those cases where time is 4 hours or less, during the entire working time.In addition, it should be noted that after an employee for absenteeism recorded, it provides two working days of the fact that he gave an explanation about what happened.
In that case, if the employee is absent for a valid reason and it can be documented, it is not considered absenteeism.Thus, the employer is obliged to fix the lack of a subordinate in the workplace, and then get him into the explanation of what happened.
procedure and the procedure for dismissal of an employee for absenteeism
lack of personnel in the workplace can be recorded in several ways: through the electronic system at the entrance, memo immediate superior or the absence of an act drawn up by the personnel department of two witnesses.
After absentee appeared at work, he should be required (in writing or orally) to draw up an explanatory memorandum on the matter.In those cases where the employee is not at the workplace for a long period, he sent a letter describing the value of embedded materials, which require to explain his absence from the workplace.
And the letter is usually sent with acknowledgment of receipt.At the same time the company continues to be a daily acts of the lack of personnel in the workplace.
When not providing explanations for the appropriate act.Once the head was found that the subordinate did not come to work without a valid reason, it may already have signed the order of dismissal.
severance package for truancy
case of dismissal for absenteeism employer must pay the employee compensation for unused vacation and other benefits provided by the labor contract, such as premium.This compensation is calculated on the basis of that period, the employee who was present at the workplace, and all partial months are rounded to whole side.
In some cases, dismissal for absenteeism is illegal?
dismissal for absenteeism may be illegal when the employee has a valid reason for which he had to be absent from the workplace.
This explanatory employee must be supported by relevant documents (such as a certificate from the hospital, the protocol traffic police about the incident an accident, and so on).Also, it is illegal, unless the employer has demanded an explanation from the officer and informed him of the dismissal order.
Author: Katerina Sergeenko