Lack of workplace TK RF. Income certificate

I used to work in the company, where for the slightest delay or the lack of in the workplace decided to dismiss the employee. Such a punishment was not always equivalent, perfect violation of labor discipline, since the causes of the absence at work were sometimes respectful.

When the employment inspection was appointed to hold another check, this information is paid out and serious penalties were applied to the company.

A gross violation was considered the lack of explanatory from the dismissed people and the wrong interpretation of the concept of absenteeism. Today I will tell you about what is driving and what punishment is provided for such a violation by the Labor Code.

The definition of the term "program" is provided in Article 81 of the Labor Code of the Russian Federation. Many citizens do not always understand what is considered a break, and what actions on the part of the working person cannot be regarded in this way. According to the information outlined there, the absenteeism is considered the absence of an employee in the workplace under such circumstances:

• lack of valid reasons;
• duration - from four hours in a row for one working day or shift.

According to existing standards, the skill can not be considered the absence of a person in the enterprise, if the following circumstances occur:

• obtaining medical care, disease, injury;
• child care or other sick relative;
• challenge to the court session or at the reception in law enforcement agencies;
• fors major circumstances.

Each of these situations can be confirmed documented, especially in the first three situations where the relevant organizations issue certifying documents.

Separately, it is worth saying about Art. 142 of the Labor Code of the Russian Federation, where it is indicated that the employee is provided with the right to suspend the work and absent in the enterprise, if its earnings were not paid for 15 days. If a citizen has no good reasons or it is not able to confirm them, then the decision to punish it in relation to him.

Types of punishment of the employee for

In the previously specified Art. 81 of the Labor Code of the Russian Federation, you can find information that the program may be the basis for termination of employment, but provided that this fact has been proven. It is important to note that the obligatory framework of labor legislation does not establish in relation to punishments.

As a rule, the choice of measures depends on the severity of the violation committed. By law, there are the following options:

1. Comment. It can be expressed in oral or writing, provided that the violation of one-time and employee is simply late for work.
2. Rebuke. It is necessarily taken out in writing and fixed in the employee's personal case. It is used as a punishment for multiple disorders.
3. Dismissal. Employment is completed at particularly gross violations and in the case of permanent working hours.

The choice of a suitable option for punishment depends on the circumstances of the case, and is provided to the employer. An important point is that the fact of violations should be proven and correctly decorated, otherwise the dismissal or appointment of another type of punishment will be considered invalid.

Requirements and conditions for dismissal procedure for absenteeism

Since the program is a legitimate basis for completing employment, the law provides for a certain procedure for dismissal. It is necessary to protect employees from the arbitrariness of employers, and to employees to help preserve their place in case of innocence.

The procedure from an official at the enterprise, by dismissing an employee for absenteeism, should be as follows:

1. A special act about the passage is drawn up to indicate the exact date and setting the time, during which the citizen was absent in the enterprise. The date of the act will be the same as the passage date. It is important that the document can be drawn up only for a month from the moment of violation.
2. With the content of the act, an employee must familiarize himself with the painting, as well as, in the document must be able to sign members of the Commission.
3. Explanatory, desirable in writing. By law, a citizen is given two days to perform this action. If the employee refuses, a special act is drawn up.
4. The report on the fact of the absenteeism of the company is drawn up.
5. The decision is made and the corresponding order of dismissal is published. With the document to meet the worker.
6. The full calculation is made and the employee is issued a job. Panning with a record made into it.

If the decision on dismissal was adopted illegally, the employee is entitled to apply to court and demand recovery in the enterprise. Usually it happens, as a result of which, the employer has to pay additional amounts and re-taking a victim in his workplace.

Conclusion

Based on the repeated and coarse violation of the work discipline - absenteeism, the employee can dismiss. The choice of such punishment remains behind the employer, but even when referring precisely to the completion of employment, it is necessary that all the current rules be complied.

Otherwise, a citizen may demand the restoration of his rights through the judicial authority and will be right.

Find out how to make a dismissal for a walk, which way to fix the absence of an employee in the workplace and make an act. In the article you will find samples of documents that have to fill in our personnel. Only we have experts collected the most relevant information!

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When it is possible to make dismissal on the article for

Dismissal for drives is carried out in a certain sequence established by the current labor legislation. Gone - this is the lack of in the workplace during the entire work shift or for four hours in a row. Such an absence is considered a gross violation of the conditions of employment contract, labor duties and established discipline.

Dismissal under the work article is possible to spend even for a single absence in the workplace without good reason if there are no direct prohibitions (sub. "A" p. 6 h. 1 Art. 81 TC, definitions of the Constitutional Court of 19.07.2012 No. 1078, dated February 19, 2009, under No. 75-Oh and from 10/17/2006 under No. 381-O). To the direct ban refer to the dismissal of pregnant women, even if the woman did not tell about pregnancy at the time of the absenteeism or it was not known about it.

It is impossible to terminate the employment contract due to the lack of in the workplace throughout the change or more than four hours in a row with minors, if the consent of the State Inspectorate for Labor and Commission on Minors has been received. It is also impossible to stop labor relations with an employee during his illness or vacation. Expert "Systems of Frames" will tell what features need to consider when dismissing a minor employee

Belt consider cases if an employee:

• self solved to take advantage of the days of the seasons, which they are treated for work on weekends, holidays;
• self-completely decided to go on vacation.

Notification employee's need to go to work

Will not be considered a skipping days of rest, which the employer is obliged to provide, but did not provide. For example, if the vacation is approved on schedule or employee worked for six months, but at his request, rest days were not provided (on the basis of paragraph 39 of the Resolution of the Supreme Court of the Supreme Court of March 17, 2004 under No. 2).

Note! If the rangs or leave outside the graph are previously agreed with the head, but the relevant documents for some reason were not executed, and the employee did not replace it, it could recognize the absenteeism (according to the definition of the Sverdlovsk Regional Court of August 20, 2013 under No. 33-10241 / 2013).

Explanatory note about the absence of workplace

★ See special board for dismissalprepared by experts "Frame Systems". In it, you will find answers to complex questions on dismissal for the program. Ideal samples of personnel documents for divorce termination of TD on this basis. Labor disputes, thematic video decks.

What facts take into account when dismissing for the program: Article Tk of the Russian Federation 192 and 193

Observing the procedure for dismissal for the program, and accepting the decision, we recommend that the following circumstances take into account:

1. The severity and circumstances of the perfect misdeed.
2. The general attitude of the employee to work.
3. The duration of work in the company.
4. Ability to apply less strict recovery.

In addition, it is important to consider what causes of absence at work can be attributed to respectful. The law does not establish a list of such reasons. This question is solved in every particular situation by the head on the basis of Article 193 of the Labor Code of the Russian Federation.

In practice, for good reasons, faults in the work of transport, a relative illness, the employee himself, the emergence of natural disasters, fire, and so on. In a written explanation, an employee must indicate a complete list of reasons that served as the basis for its absence at work. Only explanations are not enough. It is necessary to confirm respect for the cause of the relevant documents, for example, certificates, extracts, agendas and so on.

How to spend dismissal for a walk: Step-by-step procedure

Dismissal percentage: instruction

Step 1

It is necessary to fix the absence of an employee in the workplace. To do this, fill out the working hours accounting table and make an act. The fact of absenteeism confirms documented. The law does not have a certain list of those documents that are issued upon a walk. The fact of the absenteeism is fixed by making a mark in the table. After that, they make an act or a service note on the absence of an employee at their workplace and send him a notice to appear to work.

Important! Courts consider such documents when the dispute arises. Therefore, be sure to slide the appropriate mark in the working hours accounting table in order to be able to confirm the absence of an employee at work. In commercial organizations put the code "NN". With temporary disability, it can be fixed on "b" or "Pr" - absenteeism.

In state or in municipal institutions, if the working time accounting table is used in form No. 0504421, the code "P" is applied. If the absence of at work happened with the permission of the administration, the code is corrected by "A", according to the disease - on the code "b" (on the basis of methodical recommendations, approved the order of the Ministry of Finance of March 30, 2015 under No. 52n).

Step 2.

Make an act of the absence of an employee. This document is drawn up in an arbitrary form with a signature of at least two witnesses. The act is on every day the absence of an employee. If it does not have a workplace for a long time, you can make acts less often. Instead, it is enough to write a state of me to the head of the organization. It specifies the fact of the absence of a specialist at work. Describe the methods of its search, for example, calls to homemade, mobile, conducting service checks and so on. In the act and report indicate in days, hours and minutes time of absenteeism.

Step 3.

Get a written explanation of the cause of the absence from the employee. For the provision of explanations to the employee is given two working days. Based on this, it is possible to determine the respectfulness or disrespect of the causes of the absence. If the employee refuses to provide written absenteeism, make an act.

Step 4.

After collecting all the evidence of the lack of in the workplace without good reasons, make an order for dismissal. The document can be issued according to a unified form No. T-8 or on a letterhead, which is developed in the organization yourself. An employee is acquainted with the order. If he refused to sign the document, this is an act in arbitrary form.

Order of dismissal for drilling a sample

Step 6.

Make an entry into the workbook with the wording: "dismissed in connection with the belly, subparagraph" a "of clause 6 of part 1 of article 81 of the TC". An employee's personal card is closed. The termination of labor relations must be held within one month from the fact of detecting a violation. The time of the absence of a violator at work during this period does not turn on.

Expert Journal "Personnel Business" will tell. From the article you will learn whether it is possible to dismiss the employee for the rushing, if he did not make a sick. What transport reasons you can justify the absence. How to dismiss for the part-time drive.

Punishment if the procedure for dismissal for the row was held illegally

The dismissal procedure for the proceedings according to the law should be carried out without violations. If the documents are issued incorrectly or some are not prepared at all, the court can restore the dismissed at work. The employer will pay forced simple in the amount of average earnings.

★ Expert Journal "Personnel Business" will tell. From the article you will learn whether it is necessary to make acts about the absence of in the workplace. How to request an explanation from an employee. What date of dismissal to indicate in the order of the passage.

Dismissal for the walk is carried out in a certain sequence established by the current labor legislation. It is necessary to fix the absence of an employee in the workplace, making a number of documents. If they are issued incorrectly or some are not prepared at all, the court can restore the dismissed at work.

The dismissal of the employee for the program on the TK RF happens not often, but still real. Indeed, taking into account the nature of the perfect disciplinary offense, the employer often risks his profit due to production need. Consequently, there is a reason to terminate the employment contract even in case of one-time absenteeism. However, the employer and employees should understand the nuances of such dismissal.

Concept

In the general case, the TK RF is nothing but the lack of in the workplace. At the same time, special conditions are needed to recognize the fact of the absence of an employee at work:

1. The absence of a potential violator of a written official explanation, which gives him the right to refer to the fact that the reason is a valid reason.
2. He made his misconduct deliberately.
3. The period of finding outside the working area is more than 4 hours in a row.

So, if there is a written explanation from the employee, there should be no problems with understanding the situation. And on both sides. But is it a legitimate to be recognized by the employer? It is hardly possible.

The fact is that the forced program in the TK RF can only be explained by a valid reason. However, this concept is not disclosed in labor legislation. Approve the universal list of valid reasons The legislator did not solve and provided this question to the employers themselves.

It is desirable that the employer, and better and subordinate to know in advance about possible force majeure situations in production. However, even if this condition is met, the employer must comply with the formal procedure for the detection of absenteeism. So, you need to make a request (even even orally) and give on its basis the appropriate assessment of the incident. Neglecting this can entail for the employer much the worst consequence than the usual recovery of an employee for his position.

Depending on the protection method, the Court or Labor Inspectorate - an obligation to make monetary compensation and / or to pay an administrative penalty.

In both cases, it will be recognized as an unlawful decision on the TC in the formulation of the employer. As a result, an intentional violation of work discipline may remain without punishment.

Proving the fact of intentional leaving the workplace is not so difficult. It is enough to assess the situation from the point of view of the social and psychological state of the employee at that moment.

The number of hours of lack is also easy to fix. The main thing here is not a total change for shifting, but the continuity of the flow of time. Avoid incidents will help a clear understanding of special cases.

It should be remembered about several years of termination of labor agreements. Not rare worker is capable of leaving the place of work to:

• at all neglect the term of his contract, without waiting for his ending;
• improving the procedure for preventing the employer about its intention.

This happens if a person has an urgent labor contract or an indefinite agreement, where the timing of testing after submitting an application for termination is established. And no one canceled them. In such situations, dismissal for the program on the TK RF will not entail any consequences for the employer, since everything is legally.

What are the legal consequences

It is important to be aware of the need for a measure of impact on the missing employee. Yes, the employer has the right to complete the process of proceedings by dismissal under the article "GRAND". At the same time, such a rule is not imperative. That is, mandatory for execution.

In general, the legislator provides companies with the right at its discretion to make dismissal for driving on TC. But it all depends on the most factors we mentioned at the beginning of the article.

That is, the severity of the perfect disciplinary misconduct and the degree of respectfulness, for a particular employer can serve as a basis for imposing less severe consequences on the guilty burden. After all, except for the absenteeism can be limited to the comment or in extremely reprimanded and not deprive of his right to continue to perform their labor functions. In addition, the employee always has a chance to challenge unlawful dismissal, within which the commeptoity of punishment will be taken into account.

Dismissal procedure for walking

Many details of the process of dismissal of trashrs are spelled out in the Labor Code of the Russian Federation. It is important only to follow the sequence:

First, the program across the Labor Code is accompanied by drawing up an act and its signing of at least 3 representatives of the employer. This document is issued in free form indicating F.I.O. And the posts of the employee, the absence time.

Secondly, find out the reason for the absence directly from the employee and requires explanations in writing for 2 days on the basis of Art. 193 TK RF. In case of refusal to sign on the act or expiration, you need to make a similar act.

Then make an order in the form of T-8 with a mandatory indication of the base of dismissal. Calculate the salary calculation and make an entry into the workbook. Dismissal occurs according to general rules with reference to sub. "A" p. 6 h. 1 Art. 81 TK RF.

Dismissal for the program has its own time limit possible to attract disciplinary responsibility:

• not more than 1 calendar month from the date of its detection;
• not later than 6 months from the date of the commission.

The legislation clearly interprets the term program, but does not contain grounds for which the reasons can be considered respectful and will not allow the ability to dismiss the "negligent" employee.

What is?

The legislator interprets the long lack of an employee in the workplace without a valid reason. It can take into account time from 4 hours.

To minimize losses, the employer must carry out some warning activities:

• be sure to familiarize the staff with the rules of the internal labor regulation, in which the personnel should be displayed how and in what time frames should report their absence to ensure that the head can redistribute the responsibility of the missing employee in a timely manner;
• the head of the unit, or another authorized person is obliged to have a list of employees who can replace each other;
• the head of the department or other unit should have a memo as it is obliged to do if there is no worker in the workplace without a good reason.

Exemplary memo sample for employer:

1. In the absence of an employee, the head must call back to its famous phones, home or mobile;
2. Clarify the reason for the absence;
3. To talk with the staff, maybe the absent, something reported to his colleagues, if it was, it is better that the employees make information in writing;
4. The compiled act should describe the activities taken to search for a voyage;
5. Transfer of all documents to the personnel department.

Fixation of non-appearance

With the failure of an employee, it is necessary to make an act.

It is from the detailed presentation of the fact that the absence of an employee in the workplace without a valid reason will depend on its further fate at this enterprise. Perhaps a person just got sick or hit another difficult situation.

The act must be drawn up with witnesses, it is better to attract personnel from another unit to further, the strzer could not put pressure on his colleagues, or to prove that the act was made under pressure from the authorities.

The administration of the enterprise does not require immediate action to search for an employee, however, if a person lives alone, the phones do not respond, then it is recommended to go home to him. If no one opens the apartment or the house, then it is better to interview the neighbors when they saw a person for the last time, if no one can provide any information, then a logical step will be a challenge to open residential premises.

If no activities have given any results to find any results, it is recommended to draw up an act of its absence, almost every day. The table is affected by the letter code "NN", the face of the digital code is 30.

It is these two documents that serve as evidence in legal proceedings, so they should be carefully approached.

The process of finding out the causes of lack

The worker could get sick and not to inform about this bosal.

If the waller appeared, presenting a sick leave, a certificate from medical institutions, then all drawn up documents are not worth destroying.

In the case when the absence of an employee at the workplace was present without a good reason, then a written explanation should be required. If the waller refuses, it is recommended to make a written request and transfer it to the painting.

Such evidence in court proceedings is much more efficient than the oral explanation of the employer.

The notification of the need to explain the causes of the failure is not regulated by any regulatory act, but should contain the details of the enterprise, the walking data, the request for the provision of a written explanation of the causes of the failure to appear. As a rule, a long time is not required to draw up an explanation, it can be 2 or 3 days.

If for the specified period, the employee did not give explanations, the employer is obliged to compile an appropriate act.

If the employee refuses to explain in writing about its absence, it does not lose the right to apply disciplinary recovery, including the termination of the contract. It is spelled out in legislation.

What reasons can be respectful?

Not all reasons are respectful.

The administration of the enterprise can independently decide the "fate" of a separate employee, to consider whether the concrete nebid day of absenteeism. If the staff did not have evil intent and in conscientiously mistaken, then such a lack could not be considered a break.

The legislation provides for options when the employer must not recognize the absence as a passage, in the following cases:

• providing a hospital sheet or extracting from a medical card;
• execution by an employee of public and state duties, for example, if a specific employee is a member of the election commission;
• if an employee is a donor.

In addition, if the employee could not get to work on time, or could not, because of the ice rain or blizzard, then no court recognizes such a cause is not respectful.

A good reason for the absence is the appearance of the court, or to the tax authorities for the testimony, as a witness or another person. Such confirmation is reflected in the solutions of WRC.

Fire or closure in the house, incidents on the way to workplace, other unforeseen life circumstances also relate to valid reasons and cannot be a reason for dismissal for the run.

Regarding the delays from the next vacation, the opinions of specialists and vessels are ambiguous. For the most part, the exemption from office for such a reason is legal, as the employee must plan his trips in such a way that possible unforeseen situations are taken into account, the refuge of the aircraft or trains, adverse weather conditions.

If the worker decided to leave the workplace or did not appear at all, motivating the fact that his computer broke or not customers, will definitely be interpreted as a walk.

What to do with a trash?

For driving, you can apply disciplinary penalties.

There is no worker in the workplace without a valid reason - a real reason to get rid of "unnecessary" personnel. Although, in addition to dismissal, a disciplinary punishment may be made, but no later than 1 month from the moment of the incident.

For one misconduct you can only punish once. Employee should be familiar with the painting. If the employee does not want to sign, then the employer is an act.

It should be remembered that the walk is entitled to go to court for the protection of his rights. In this case, you will have to restore the employee in office and pay an average salary for the period of forced downtime. To avoid such a situation, it is recommended to adhere to the procedure for collecting evidence and dismissal.

First of all, there must be written confirmation of the absence of an employee in the workplace, these are acts of absence, report notes, explanatory and other confirmation documents. You should not make such documents with the back number, and all are on the day of the absenteeism.

Further execution of dismissal is carried out according to the general rules. The employer is obliged to bring his decision to an employee in writing, under the informational signature. If for any reason, the employee cannot personally manage, then it makes the corresponding mark.

The day of dismissal is considered the last working day, even if the walk was absent in the workplace. The labor service adheres to the position that the last working day preceded the absenteeism and is a day of dismissal.

Under any circumstances, the labor book must be issued on the last working day, even if the contract is terminated due to the passage.

The imposition of disciplinary recovery, including dismissal, can not happen later than 1 month from the date of the offense.

Regardless of the reasons for dismissal, the employer is obliged to make a full financial settlement with an employee on his dismissal day. In the case when the salary is not transferred to the bank card, all the accrued pay is deposited, until the unfaithful employee comes to obtaining it.

Remember, dismissed a pregnant woman can not, even if she is a malicious trash.

Never dismiss the stroller on his absence, without a written explanation of the reasons for his absence.

It should be found out why the employee is not long.

It is much more difficult to the situation where the employee is missing a very long time, the employer cannot find out the causes of absence. It is recommended to periodically call him, better with witnesses and make an act.

Once a week you can send postal departures to the address of the voyage, with the requirement of explaining the causes of the absence.

The courts confirm the right of administration to dismiss for the person's walk, who was sent to the notice of home, which returned with a mark about the delivery, or vice versa, the letter returned due to the end of the storage period or the recipient refused to write a written confirmation of the notice.

There may be a situation that the employee was planted for 15 days for an administrative offense. On the one hand, to terminate the employment contract with a convicted or detainee is not possible, but this concerns criminal prosecution.

Administrative punishment is not a reason for maintaining the workplace, as this is another production other than the criminal one.

The practice of consideration of such court cases is ambiguous.

Summarizing, the dismissal of personnel for the program requires a clear written fixation and compliance with all the norms of existing legislation.

From this video you will learn about what to do if the employee does not go to the connection.

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