How to fire an employee for absenteeism

 Dismissal for absenteeism is a disciplinary measure, which must be applied in serious agreement with the requirements of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) in order to avoid legal proceedings.

What is recognized as truancy? 

Absenteeism is an absence from the workplace without, as it were, valid circumstances during the entire working day (shift), regardless of its (her) duration, as well as absence from the workplace without valid circumstances for more than 4 hours in succession during the working day (shift) (p. item "a", item 6 of article 81 of the Labor Code of the Russian Federation).

According to the resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2, absenteeism is recognized as the following actions of an employee:

• absence from work, i.e. absence from work without justifiable Accountants Walsall circumstances during the whole working day (regardless of its length);
• finding an employee without valid circumstances for more than 4 hours in order during the working day outside the workplace;
• abandonment of work without a valid prerequisite by a person who has entered into an employment contract for an indefinite period, without notifying the employer about the termination of the contract, as well as before the expiration of a two-week warning period (part 1 of article 80 of the Labor Code of the Russian Federation);
• abandonment of work without a valid prerequisite by a person who has concluded, as most of us are used to saying, an employment contract for a certain period, until the expiration of the contract or the period of warning about its premature termination (Article 79, Part 1, Article 80, Article 280, Part 1 Art.292, part 1 of Art.296 of the Labor Code of the Russian Federation);
• unauthorized introduction of days off, also unauthorized leave on vacation (main, additional).

To qualify the actions of an employee as absenteeism, a worker is recognized as a place where the employee must be, so to speak, or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

As mentioned earlier, absenteeism occurs when an employee is absent from the workplace without justifiable circumstances. But what exactly should be understood under the disrespectful premise of absence from the workplace is not established in the Labor Code of the Russian Federation. Therefore, the employer, so to speak, evaluates the respectfulness of the premise of the absence of an employee at the workplace based on his own discretion. Meanwhile, this discretion is not, in general, unlimited.