absence from work related to disciplinary offenses.Under misconduct imply non-performance or improper performance of employee job duties due to his fault. truancy is the lack of personnel in the workplace without a valid reason, without notice and consent of the employer .
Many employees believe absenteeism at work not serious offense, but do not forget that for absence from work without good reason, the employer has the right to impose disciplinary action - remark, reprimand or even dismissal.
procedure for applying disciplinary action described in Article 193 of the Labour Code.Before applying disciplinary action for absenteeism at work, the employer must record the absence in the workplace, making the act of truancy, and request an explanation f
If an employee is absent from the workplace for a few days, without telling the employer , acts of truancy are made every day, and demand explanations can send a telegram with a read-receipt.Also, the employer can go home for the missing employee.If the house is not his will, shall be drawn about the absence of which is certified by the signature of one of the neighbors.
If after two days from the moment the act of truancy was not given an explanation (or the cause of absence from work specified in the explanation was not recognized valid), the employer of the act, and imposed on the employee to disciplinary action .
Within three working days from the date of publication employer order (instruction) on the application of a disciplinary sanction (not counting the time of absence of the employee at work) the order is necessary to declare the employee against signature.
In some cases, possible dismissal for absenteeism?By grounds for dismissal for absenteeism at work include finding outside the workplace for more than four hours without a valid reason, as well as absence without valid reasons for the shift (working day), regardless of its (his) duration.The employment contract is terminated in accordance with paragraph 6 of Article 81 of the Labour Code (single gross violation of worker job duties).
also absenteeism, for which can be fired is considered unauthorized care in primary or supplementary leave or unauthorized use of compensatory time off days .However, it should be remembered that if the employer refused the employee to use vacation days provided by law (for example, the output on the date of blood donors), absenteeism absenteeism will not be considered.
dismissal for absenteeism at work will not be considered legitimate if the employer has violated the order of dismissal (fixation of the fact of the lack of personnel in the workplace, requesting an explanation, clarification of the circumstances and the application of penalties in one month from the date of discovery of the disciplinary offense).That is, even if in fact the absence in the workplace has been a valid reason, but the order of dismissal has been violated, the employee may reinstate a court decision.
necessary to consider a couple of points.First, the good cause, the employee said in the explanatory determines the employer.Secondly, imposition of disciplinary action - not an obligation of the employer, and his right .If an employee submits a complaint and challenge disciplinary action, say, labor inspection, and it will be found to be unsubstantiated, the employer will be liable.
If you could not go to work for some reason, try to prevent the employer , otherwise the consequences could be very unpleasant - if not fired, then a fair amount of hassle you exactly guaranteed.