A sample of the order "A reprimand for truancy." Absence in the workplace without an excuse
Many employers go for any trick toget rid of the so-called unnecessary people. At the same time, they forget that failure to comply with the dismissal procedure for the same absenteeism may entail judicial proceedings and the restoration of the employee in office.
Indeed, one of the most common violations is absenteeism. Therefore, the administration of the enterprise is very important to know the features of the entire procedure.
Concept and types
The term truancy in the RF TC is treated asunreasonable absence in the workplace for 4 or more hours. It means situations where the employee did not come to the place of employment or left it on his own, without agreement with the management. The fact of absence is necessarily confirmed by eyewitness accounts drawn up in writing.
Types of absenteeism are divided into two categories:
- The main thing, that is, when the employee is absent, butThe employer can still contact him and he knows why he did not come and when he appears in the workplace. In such situations, the cause is usually respectful.
- Prolonged absence. In such a situation, the employee can not be contacted, and at work it may not be a few days or even weeks. These are the most difficult cases of dismissal and punishment for absenteeism.
The reasons for absenteeism can also be respectful. You can not dismiss a person if he provided medical assistance to another person, he himself turned to her. In this case, it is not necessary that there are force majeure circumstances or an emergency situation. In this case, even the call of an emergency ambulance for an unauthorized person and the expectation of physicians are equated with rendering assistance. However, you should take care of yourself and ask for a confirming document from the doctors.
Absence in the workplace due tothe need for participation in investigative measures, interrogations or judicial proceedings also can not be interpreted as absenteeism without valid reasons. As a rule, in such cases, a person has a summons or court order, where the date, address and time of arrival are indicated. If he does not have such a document, he needs to ask for a certificate that will confirm the reason for absence at the workplace. For example, an employee can become a participant, witness an accident. Or he was detained before clarifying the identity. The main thing is that the date and time in the certificate coincide with the period of absence at the workplace.
Can not be interpreted as a lack of workplace without good reason, the refusal of "free" work. Legislation clearly establishes the timing of payment. If the employer delays payment for more than 15 days, the employee has the right not to perform his official duties, but on one condition. The employee is obliged to inform the employer about his decision by submitting the relevant application. In this case, it will be impossible to blame him for absenteeism. In this case, if it comes to court, the employee who holds a copy of the application with a note of acceptance by the administration of the enterprise will be able to prove that giving up work is a forced absenteeism.
It can not be considered a truancy and refusal to performWork in hazardous or harmful conditions, unless this is stipulated in the employment contract. The employee is not obliged to start work, which clearly carries a threat to his life or health. Absence at work in such a case by a court can be regarded as a compulsory absenteeism.
When can not you be dismissed for absenteeism?
It is impossible to dismiss a pregnant woman, even if she often does not consider it necessary to come to work. It can impose other measures of disciplinary action.
It can not be considered an absence in the workplace withouta good reason if the employee refused to leave the vacation ahead of schedule. Do not take a walk and a day of rest after the delivery of blood or its components, even if the employer refused to provide it.
Until the execution of the order to pronounce a reprimand for absenteeism, the employer must follow a certain procedure:
- Write an act of absenteeism. This step may be preceded by a memorandum by the direct manager of the absentee if the structure of the enterprise is large.
- Get an explanation from the junket and installcauses. If an employee refuses to explain the reasons for absenteeism, especially in writing, an act must be drawn up about this. Seeking clarification can be dealt with by the personnel department or direct supervisor of the truant, again depending on the structure. If the procedure is entrusted to the head of the structural unit, he prepares a memorandum addressed to the top management about the proposed disciplinary measures and the explanations received.
- Disciplinary punishment. This can be a sample of the order to reprimand for absenteeism, the imposition of a fine or dismissal.
To confirm the absence of an employee at theworkplace, the employer must draw up an act. The form of such a document is not envisaged by any normative act, therefore it is made in free form. At the same time, an act on the absence of an employee at the workplace is compulsorily drawn up and signed by members of a specially appointed commission. It should contain the following information:
- On the whereabouts of the absentee. If it was not possible to establish it, then the activities that were conducted to find the employee are prescribed.
- The exact date and time of absence of an employee in the workplace.
- Date of drafting the document, which must coincide with the date of absenteeism.
With the text of the act the employee should be acquaintedunder the signature. Although, if he refused, then it does not matter much when imposing a disciplinary penalty. The main thing is that the members of the commission put an appropriate note about the fact that the trickster declined to sign.
A sample of this document looks like this:
"The Act on the Absence of Workers in the Workplace"
Date and place of compilation
The time of drawing up the act ... hours ... minutes
Commission consisting of:
... names of positions ... Name
Made an act on the following:
... date ... position ... full name ... was absent / a at the workplace, with ... the exact time ... until ... the time, which in total was ... hours ... minutes ...
... Full name ... was asked to provide a written explanation to his immediate superior ... position ... full name for 2 days.
Positions ... Full name ... members of the commission
The act is acquainted with:
Position ... Name ... signature
If the guilty person refused to sign the act, then a corresponding note should be made about this.
Requesting an Explanation
But, having compiled the act, one should not rush todrawing up a sample of the order of reprimand for absenteeism. With the employee, it is mandatory to demand a written explanation of the reasons for his absence. First of all, the employee needs to be given an opportunity to justify himself. Maybe he had really good reasons for being absent or he needed time to collect evidence. The preparation of the document takes 2 days. If the employee did not submit an explanatory note, then an appropriate act is prepared in a free form.
Memorandum of Understanding
Line manager, if there was absenteeism at worksubordinate, draw up a memorandum. The document shows the fact of absenteeism, the essence of the explanations of the subordinate and recommendations on disciplinary measures.
To the Director of JSC ...
(from) the Chief ... the name of the structural unit ...
"Memorandum of understanding"
I bring to your notice that ... the name ... the position of an employee ... date ... was absent from the workplace for ... hours, as evidenced by the act of ... the date ... from the written explanations refused.
But since this is an isolated case, and the length of work ... Name ... at the enterprise ... years ..., please restrict yourself to disciplinary punishment in the form of a reprimand.
Head of structural unit
Name ... signature ... date
Imposition of disciplinary punishment
For absenteeism in the Labor Code of the Russian Federation, the following disciplinary measures are provided:
- a warning;
The first two measures are a moral and ethical impact and are most often applied to employees who are highly skilled professionals and have committed a misconduct once.
Many enterprises apply and material measures of influence, for example, deprivation of the premium. In fact, not always the employer hurries to fire an employee.
Punishment without redundancy
So, we have already considered some samples. The order for reprimanding for absenteeism is made on the basis of the explanations of the violator of labor discipline. Absolutely all employees can be held accountable, irrespective of their position. It should be remembered that for one violation only one penalty can be imposed. There is no standardized form for the order, but in practice certain requirements have already been created for this type of local document.
A sample of the order "A reprimand for absenteeism"
Name and legal form
Date and place of compilation
On imposition of disciplinary punishment
In connection with the absence at work ... the post ... Full name ... for ... hours ... date ...
- ... date ... consider a walk ... position ... Full name.
- To impose a disciplinary penalty on ... a position ... a name ... in the form of a reprimand.
- With this order to acquaint ... the position ... Full name for the signature.
- Control over the execution of the order to entrust ... the position ... Name.
- The official note of the head of the structural unit ... Full name.
- Explanatory note of the violator of labor discipline.
- Or the act of refusing to provide an explanatory note.
- The act of absence from the workplace from ... date.
Head of the company ... signature ... Full name
With the order acquainted:
... position ... signature ... Full name
The order must contain the administrative part with the following information:
- description of the violation;
- time of absenteeism;
- full description of the date and time when there was absenteeism;
- the reasons for this behavior, if they have been clarified by the employee;
- documents that formed the basis for drawing up the order.
With the order to acquaint the offender, it is necessary for 2 days from the moment of its compilation. At the request of an employee, a copy of the order is issued to him.
Term of collection
As a general rule, the term of the disciplinarycollection - 1 year from the date, which is counted from the moment of issuing the corresponding order. In the event that during this period the employee has not committed another violation, and no new disciplinary penalty has been imposed on him, it is automatically removed. Withdrawal in this case does not require the issuance of an additional order.
When the employee has committed a new violation, for which disciplinary punishment followed, the validity period will already be calculated from the moment of the last order.
What to do with malicious offenders?
There are two extreme measures that an employer can apply to an offender:
- the deprivation of the premium, that is, the material impact;
Naturally, the latter measure is the most severe, and in certain circumstances can take place.