How to fire for absenteeism?
To dismiss an employee for absenteeism is rather difficult. At the same time, there is a need to carefully document the documents confirming the absence, and the dismissal itself must be carried out in strict accordance with the requirements of the Labor Code. Before answering the question of how to fire for absenteeism, you must first determine what is called truancy.
So, absenteeism is the absence without good reason of the employee during the whole working day or working shift at his workplace or more than four hours in a row.
Consequently, there are certain cases where, on the initiative of the administration, an employee can be fired for absenteeism:
- If the employee did not go to work without a good reason.
- If an employee, having no good reason,was absent more than four hours in his workplace. It should be understood that a lunch break is not a working time. For example, a working day at the company starts at 10:00, and lunch lasts from 13:30 to 14:30 hours. And if the employee comes to work immediately after lunch break, then you can not fire him for absenteeism, because his absence from the workplace was only 3 hours 30 minutes, not four hours.
- If the employee, without notifying the administration and nothaving good reasons, left his job. For example, the Labor Code provides that an employee must warn the administration of his dismissal no later than fourteen days. But if an employee submits an application and afterwards does not come to work within a two-week period, this is considered a truancy.
- If the employee has arbitrarily decided to go on vacation oruse days off time off. But if the administration refused to provide the employee with rest days laid to him by law, then in this case the employee's unauthorized use of these days and his absence from work in this connection is not a truancy.
The Labor Code contains a list of somecategories of employees who can not be dismissed on the initiative of the administration under any circumstances. In addition, if the company has a trade union organization, then the administration must obtain its consent to the dismissal of the employee for absenteeism.
How to dismiss an employee for absenteeism
The Labor Code describes in detail the sequence of actions when the employee is fired for absenteeism:
- Registration of documents confirming the factabsence of an employee in the workplace. This can be a memorandum from the immediate superior or explanatory notes of colleagues absent from the work of an employee.
- Determination of respect or disrespect for the absence of an employee at work.
- Execution of an order to dismiss an employee for absenteeism and mandatory familiarization with him under the receipt of the dismissed employee.
How to dismiss for absenteeism
Dismissal for absenteeism or for other violationslabor discipline should be very carefully decorated. Otherwise, the dismissed employee will be able to achieve his recovery at work with the payment of compensation to him. Firing an employee for absenteeism, you should pay attention to the following circumstances:
- You can dismiss for absenteeism within thirty days after it was committed. This period does not include the time of the employee's leave, his illness and the consideration of the case by the trade union.
- The employee on the day of dismissal for violations of labordiscipline under the receipt is issued a work book. If the employee refuses to take it, he is sent a notice of dismissal and that he must pick up his work book by registered mail.
- If the employee is dismissed for absenteeism, be sure to pay him on the day of dismissal the salary due, as well as compensation for unused vacation.
- Keep in mind that you can not punish an employee twice for one violation of the work schedule. For example, you can not tell a worker a reprimand for absenteeism and then dismiss him for the same offense.