Order of dismissal for absenteeism - sample, 2021 form

When dismissing an employee on his own initiative due to absenteeism, the employer must ensure that all formalities required by law are observed, and the employee must carefully read the documents drawn up, because if there is the slightest mistake, the dismissal can be challenged in court. The most important document is the order of dismissal for absenteeism. The 2019 sample is presented in this material.

It must be issued no later than one month from the date of detection of absenteeism, excluding the period of absence of the employee from the workplace. As Rostrud explained in one of its letters, when dismissing someone for absenteeism, the employer does not have to issue two orders: one on the application of a disciplinary sanction for absenteeism, the other on termination of the contract. It will be enough to issue an order in the T-8 form. But even in the case where two separate orders are nevertheless issued, the dismissal cannot be considered illegal.

Truancy - what is it

The definition of this concept is given in clause 6, part 1 of Art. 81 Labor Code of the Russian Federation. In accordance with it, if the time of absence from the workplace is more than 4 hours in a row, this is absenteeism.

To issue a dismissal order on this basis, the following conditions must be met:

• the period of absence from service is not less than that established by the legislator (4 hours or a full working day);
• a contract has been concluded with the employee, which specifies the length of the working day and the place where official duties will be performed;
• the reason for absence is unjustified;
• the circumstances of the employee’s non-appearance were checked with documentary evidence.

The law does not specify the division of truancy into types, but in practice they can be divided into:

• short-term - when the employee is away for a short period of time, while maintaining the possibility of maintaining contact with him;
• repeated - when 2 or more cases of absence are recorded during a calendar year, while the employee who committed absenteeism cannot give valid reasons for this;
• long - absence from place for a long period of time (several days/weeks/months in a row), while the director has no way to contact him.

Depending on the reasons, duration and regularity of absences from work, a decision is made to terminate the employment relationship with the employee who committed absenteeism.

Further actions of the employer

After issuing the order, it is necessary to familiarize the employee with it against his signature. The signature is placed at the bottom in a line specially designated for this purpose.

If an employee refuses to sign a document, the employer must draw up a statement of refusal. It is signed by the originator and two witnesses to the refusal. After this, a record of termination of the contract is inevitably made in the personal card and in the employee’s work book. Information is indicated with reference to legislation (clause “a”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation).

Reasons for no-show

It is not always possible for an employee to be relieved of duty by signing an order in case of absence from duty. To terminate a contract, the boss must prove that the employee’s absence has no valid reason.

The legislator does not establish which circumstances are considered valid, but according to the general principle, a number of life circumstances are considered such.

So, dismissal of an employee who has committed absenteeism is impossible if he did not show up for work for one of the following reasons:

1. Unsatisfactory health condition requiring seeking medical help. As well as accompanying the patient and/or providing him with first aid or opening a certificate of incapacity for work (both based on the health problems of the employee himself and the illness of his minor child).
2. Contacting a medical institution for examination, examination or vaccination.
3. Involvement in investigative activities, participation in trials, performance of government tasks.
4. Taking part in a strike/meeting or failing to show up for work due to non-receipt of wages.
5. Emergency incidents (traffic accident, flight or other transport delay, problems with utility systems).
6. Natural disasters (floods, landslides, avalanches, etc.).

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To ensure that absenteeism in the listed cases does not become grounds for dismissal, it is necessary to provide evidence of a valid reason:

• in case of a visit to medical institutions or law enforcement agencies, you must bring a certificate confirming your visit to the appropriate institution.
• In case of an accident, you can also request a supporting certificate from the inspectors of the State Traffic Inspectorate who draw up the report.
• A flight delay can be proven by presenting an amended schedule or a ticket (passport) with an arrival stamp.
• The director can learn about participation in rallies or the occurrence of global force majeure circumstances (for example, natural disasters) from the media.

Termination of the contract in any of the listed cases upon presentation of supporting documents will be considered illegal, which will entail consequences for management.

Valid and disrespectful reasons for absenteeism

Due to the fact that various situations happen in life that do not depend on a person’s influence, there may be a need to urgently solve a personal problem during a work shift. That is why the legislator has developed a list of valid reasons, the occurrence of which absenteeism will not be considered a serious violation of labor discipline. The main points from the developed list of circumstances include:

1. Visiting a medical facility due to the diagnosis of a disease to receive urgent medical care. If an employee has a child or close relative who needs hospitalization, and the citizen is the only person able to assist in visiting the hospital, then he will also not be punished for missing a day of work. To do this, you must ensure that you present a certificate or other document confirming your visit to the treatment center;
2. Passing an examination at a medical institution or a routine examination, which is mandatory for every employee to attend;
3. The need to be present at the court hearing;
4. Receiving a government task that requires urgent implementation;
5. Reluctance to visit the place of work due to the lack of wages due for transfer;
6. A person is involved in an emergency, such as a traffic accident;
7. Absence from work due to force majeure, such as a flood or fire in a house/apartment.

To ensure that absenteeism does not cause a severance of the employee’s employment relationship with the employer, the former should take care to provide official documents proving the existence of a valid reason. Such justifications include conclusions or certificates from hospitals/clinics, a document from a court or relevant paper from law enforcement agencies.

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Features of dismissal for absenteeism

The basis for unilateral cancellation of an employment contract by an employer may be absenteeism (Article 81 of the Labor Code). But for legal dismissal, the following features must be taken into account:

1. The employee must be absent from exactly the place designated as his official position in the contract.
2. Absenteeism must be documented - it is documented in a report card, memo/act from the head of the department.
3. A separate report must be issued for each day of absence.
4. After the employee appears, you must request an explanatory note. Only if it is determined that the reason for absenteeism is unjustified, the contract can be terminated.
5. If an employee does not appear for work for a long period of time and does not communicate, the manager must take independent measures to establish the reasons for his absence from work. An order to cancel a contract can be signed only after investigative measures have been completed and they have been declared ineffective.

note

Absenteeism is sufficient grounds for termination of employment only at the discretion of management. For failure to appear for work, another disciplinary measure may be applied if the boss takes into account the employee’s length of service, as well as his services to the company.

Limitation periods

The employer retains the right to unilaterally terminate the employment contract for 1 calendar month from the date of discovery of the fact of absence from service.

This period is calculated without taking into account being on vacation and also the duration of an open sick leave.

Proof of truancy

A common mistake made by managers is to immediately issue an order for dismissal without properly investigating the circumstances. This can lead to punishment for illegal dismissal, if the dismissed person decides to contact the supervisory authorities - he will have to pay a fine or reinstate the absentee at work.

1. The optimal solution in case of absence from work is to record the fact of absence and stop the accrual of wages. To do this, an o is immediately placed on the report card, meaning that the reasons for the absence are unknown.
2. If the absentee then brings a documentary explanation for the absence, the mark changes in accordance with it (for example, to “B” - illness).
3. If there are no certificates or other documents, the mark is corrected to “PR”, which means absenteeism.

But even in this case, it is too early to issue and sign an order to cancel the contract. The next step is to require an explanatory note, which will be used to assess whether missing a working day is justified.

This is also important to know:
The procedure for dismissal at will: the rights and obligations of the employee and the employer, registration in the employment record

If the truant refuses to give written explanations, it is necessary to document the fact of their request. To do this you can:

• hand over the notice in person against signature (which is not always successful);
• send a notification by registered mail with a description of the attachment and a receipt.

Procedure for dismissal for absenteeism

Compliance with all established requirements will protect the employer from subsequent problems with challenging the termination of the employment contract. The design of each document has its own characteristics:

1. A mark on the timesheet that tracks working hours and employees’ compliance with the requirements of the regulations. On the day of absence, there should be an o next to the truant's last name, which will later be replaced, depending on the reasons for the absence. The report card is one of the documents that will be reviewed in the event of a trial, so filling it out correctly is important. Attention, look at the completed sample report card with the required marks.

2. Recording the fact of absence by a special act. It is of paramount importance and is issued immediately on the day the employee fails to show up for work. If an employee is absent for several days, a separate report is drawn up for each of them.
3. Notifying the employee of the planned termination of the contract and requesting an explanation of the reasons for absence in writing. It is issued to the employee personally against signature or sent to him by registered mail to his registration address.
4. Receiving an explanatory note from the truant. It is compiled in free form in compliance with the requirements of business correspondence. The deadline for drawing up and submitting an explanatory note is 2 working days. Its presence or the employee’s written refusal to provide it is mandatory as evidence of compliance with the requirements for the dismissal procedure for absenteeism.
5. If the truant refuses to provide an explanation, an act of refusal is drawn up in the presence of 2 witnesses who sign.
6. Memo to the manager from the head of the department (division). This step is optional for small companies, but for organizations with several departments and branches it is a necessity.

7. Issuing an order of dismissal for absenteeism, a sample of which is given below. Its main feature is that it does not require the issuance of a separate order on disciplinary action; it is enough to indicate in the text the basis for termination of the employment relationship - Article 81 of the Labor Code. You must attach the required attachments: an act and an explanatory note. For large companies, an additional report from the head of the department is required.
8. Registration of orders in the order book.
9. Drawing up a pay slip and familiarizing the dismissed person with the order. The order must contain the signatures of both parties to the labor relationship. If an employee refuses to sign an autograph, a certificate of refusal is drawn up in the presence of 2 witnesses who certify it with their signatures.
10. Filling out the personal file and work book of the person being dismissed upon termination of the contract for absenteeism, a sample of which can be seen below.
11. Issuing a work book to the dismissed person and making all due payments.

Documents grounds for issuing a dismissal order

To issue a dismissal order, you must have the following documents:

• Absence report – is drawn up, as a rule, by the head of the department (unit) in the presence of witnesses; these persons will confirm the absence of the employee with their signatures on the report;
• A memo from the head of the department stating that one of the department employees did not show up for work without warning and was absent for a long time without explaining the reasons. Read also the article: → “Memo on employee absenteeism.”
• An explanatory note from the offender, which provides an explanation of the disciplinary offense committed;
• Other documents proving the validity of the reason given by the offender in his explanation (for example, a document from the traffic police about an accident or a certificate from a medical institution about hospitalization);
• If there are consequences of absenteeism, relevant documents confirming their existence are provided;
• The employee’s refusal to provide explanations for his behavior, if the employer’s demand to explain the violation, the employee refuses to comply.

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A list of all papers related to the case should be provided in the dismissal order. They must be preserved and, if necessary, used as evidence for imposing a penalty in the form of dismissal.

Certificate of absence - design features

The act is drawn up by the head or specialist of the personnel department. The legislator does not establish a fixed form of the document, but it must reflect the following information:

• details of the enterprise;
• document's name;
• date of registration;
• information about the author of the document, witnesses and absent employee;
• date of absence from duty (indicating the period of absence);
• reason for missing a working day (if relevant information is available);
• signatures of all persons mentioned in the document.

Sample truancy report

Sample certificate of absence.

Notification - drafting features

The notification also does not have a legally established form, but must contain mandatory information. Otherwise, the risk of problems arising when the dismissed person contacts supervisory authorities is quite high.

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The notification must indicate:

• Company details;
• information about the truant (full name and position);
• grounds for registration (indication of the fact of absence from the workplace);
• date and signature of the director.

The notice must be in writing. Its registration in the local acts of the company is mandatory.

The document is drawn up in 2 copies; the one that remains with the employer must bear the employee’s note indicating receipt and familiarization, indicating the signature and date.

Sample notification

Sample of filling out the form in Word format.

Explanatory – features of compilation

The explanatory note does not have a set form and is filled out randomly by the employee in compliance with the requirements of business correspondence. After identifying the fact of absenteeism, this is the employee’s response to management’s request.

The explanatory note must include the following information:

• About company;
• about the offender;
• about the reasons for absence from work.

At the end there must be a date and signature of the violator. It is necessary to attach documents confirming the reasons for missing a working day.

The explanatory notice for absenteeism, sample 2021, can be viewed below:

Order - procedure for drawing up

The document that completes the procedure for terminating an employment relationship for absence from work is an order of dismissal for absenteeism, a sample of which for 2021 can be viewed below.

This order performs 2 functions:

• imposes a disciplinary sanction on the offender (in the form of dismissal);
• terminates the employment relationship.

It is compiled according to the T-8 form and has mandatory fields. Here is a sample of filling out an order with an explanation for each.

Thus, an order to cancel an employment contract due to an employee’s failure to appear for work cannot be drawn up arbitrarily. There is a legally established form of document that must be followed in order for the dismissal to be legal. An arbitrarily completed order in this case will not have legal force.

Sample order

A sample order is available

Based on the wording of termination of the employment contract specified in the order, entries are made in the personal file and work book. The latter is handed over to the person being dismissed, after which he receives all the due accruals.

Features of filling out the order form

Filling nuances:

• when indicating the grounds for cancellation of the contract, not only the number of the article of the Labor Code is given, but also the text from the code;
• details of the documents drawn up during the dismissal process, which must be indicated in the order form - this is the name, number and date of preparation;
• the dates of issuance of the order and the actual termination of the contract may not coincide if the violator did not show up for work after missing out or did not begin his duties;
• if an employee does not come to work, his signature may not be on the order form, about which a corresponding inscription is made on the document (Article 84.1 of the Labor Code). A copy of the order with this mark is sent to the offender at his place of registration by registered mail.

note

If, due to absence from duty, a contract is terminated with several employees, one order form can be drawn up in Form T-8a, in accordance with standard requirements.

Typical errors

When drawing up any document, in particular an order to terminate an employment contract, errors may be made that will make its execution difficult.

The most common mistakes when issuing a dismissal order:

1. Drawing up 2 orders - on the imposition of a disciplinary sanction and termination of the contract for failure to appear for duty.
2. Issuance of an order after the expiration of the period established for punishment for violation.
3. Indication of the grounds for cancellation of the employment agreement and the basis documents in the inappropriate fields of the document.
4. Absence of the violator’s signature on the order form.

Any of the listed violations of the procedure for terminating an employment contract may become the basis for the imposition of penalties on management and reinstatement of the dismissed person in the workplace.

Procedure for terminating an employment contract with a long-term absent employee

Since dismissal for absenteeism, including long-term absence, is a disciplinary measure, it must be carried out in strict accordance with the provisions of Art. 192 and 193 of the Labor Code of the Russian Federation. To do this you should:

• until the reason for absences becomes known, put the designation “NN” on the accounting sheet for all days of absence;

SAMPLE OF COMPLETING A WORKING TIME TABLE DURING A LONG TIME WITHOUT A LONG TIME

• draw up absence from work reports on a daily If the employee is absent for more than 2-3 weeks, you can start making such a document once every 3-4 days. This way it will be possible to confirm that the violation of labor discipline was of a gross nature. In addition, the act must record the offense no later than 1 month from the moment of its discovery (Article 193 of the Labor Code of the Russian Federation);

SAMPLE REPORT OF ABSENCE OF EMPLOYEE

IMPORTANT!

An employee can be held accountable beyond the one-month period from the date of discovery due to the ongoing nature of the violation: this period will be calculated from the end date of absenteeism . However, this can only be done in court .

• starting from the first day of absence - take measures to find the employee and establish the reasons for his absence, indicated above. Send him a written notice of the need to appear to explain the reason for absence from work, indicating the intention to fire him for absenteeism;

NOTICE OF THE NECESSITY TO APPEAR TO GIVE AN EXPLANATION FOR ABUSIVENESS

• when the employee appears, obtain written explanations from him about the reasons for his absence, and if he refuses to provide them, draw up an act of refusal to give explanations.

IMPORTANT!

It is also possible to organize an internal investigation by issuing an order to conduct it and appointing a commission for this purpose. Based on the results of the event, the commission issues a report on the results of the investigation, which will be an additional argument to justify the legality of the dismissal.

Next, the dismissal procedure follows the usual algorithm:

1. Based on the collected documents, the manager makes a decision on dismissal and issues an appropriate order. It contains as a basis the wording from clause 6, part 1, art. 81 of the Labor Code of the Russian Federation: “one-time gross violation by an employee of labor duties - absenteeism, paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation.” In the line with the grounds for the order, references are made to the absence certificates, details of the notification of the need to provide explanations, details of the employee’s explanations, and the official investigation report.
2. Make entries in the work book and information about work activities. The employee is given all the necessary documents and a full payment is made. In case of failure to appear, a notice of dismissal and the need to appear for a work book is sent to his address, or the STD-R form is sent.

IMPORTANT!

The period recognized as absenteeism is not subject to , since the employee did not perform official duties at this time (Part 1 of Article 129 of the Labor Code of the Russian Federation, decision of the Supreme Court of the Russian Federation dated September 24, 2009 No. GKPI09-994).

If the employee could not be found, but it is reliably established that he is avoiding a visit to the employer, it is possible to dismiss him without his participation . For example, evidence may include repeated notifications of the need to appear with explanations that were not received by the truant, in confirmation of which the employer has postal receipts (see, for example, the appeal ruling of the Supreme Court of Tatarstan dated January 14, 2016 in case No. 33-572/2016). However, in order to avoid possible legal disputes, it is better to wait for the employee to appear to give him an explanation.

The nuances of dismissal for absenteeism

Termination of an employment contract has its own characteristics, depending on the category of the employee and the time of his entry into service. Let's take a closer look at them.

Is it possible to issue an order without the presence of the violator?

The procedure for terminating an employment agreement requires the execution of a number of documents, and almost all of them must bear the signature of the violator. His prolonged absence from the workplace makes the dismissal process difficult, but does not make it impossible.

If the offender does not show up for duty, management has 2 options:

1. Wait for him to come out, recording each day of absence on the report card. The problem with the implementation of the violator’s labor duties can be solved by hiring a temporary employee or assigning functions to one of the team members.
2. Request an explanatory note by sending a registered letter to the violator’s place of registration with a list of the contents and a notification of delivery. In this case, the time required for delivery of correspondence will have to be added to the waiting period for a response.

Different categories of employees

The legislator determines the category of persons whose dismissal in case of failure to appear for service is impossible. These include:

• women expecting the birth of a child;
• women raising young children (under 14 years old) alone;
• a mother/father with many children whose youngest child is under 3 years old;
• mother/father or sole breadwinner of a disabled child under 18 years of age.

Termination of an employment contract based on a pass is carried out in the general manner for all other categories of employees, including:

• young specialists;
• part-time workers;
• civil servants;
• military.

In this case, the last category will suffer the most, since after dismissal for absenteeism, it will be impossible to enter military service.

Illegal dismissal

Termination of an employment contract will be unlawful if:

• time away = 4 hours or less;
• the absence was not continuous (the employee appeared in the organization and left again);
• the employee is located on the territory of the enterprise, but is not assigned a separate workplace;
• the employee went on vacation without notifying management, but according to the approved schedule;
• the contract cancellation procedure was carried out with violations;
• despite the lack of prior notice, the employee provided documentary evidence that the reason for absence was valid;
• the employee was absent on a day of rest received without the director (for example, when donating blood).

Types of absenteeism for which an employee can be fired

Many working citizens do not know the actual definition of “truancy” and mistakenly assume that if they come to work later and leave early, they will be able to avoid any type of punishment. The most significant factor that guides the employer when deciding to fire an employee for absenteeism is the duration of absence from the workplace. Circumstances conducive to termination of employment agreements include:

• Absence of an employee from the organization throughout the entire working day. The incident must be officially documented. First of all, the employer is sent a memo from the violator’s immediate supervisor stating that the employee was not at work. Then a corresponding Act on the fact of absenteeism is drawn up, which is certified by the signatures of at least three witnesses. If the employee’s absence continues for several days, then similar documents must be drawn up for each missed shift;
• The absence of an employee from the place of fulfillment of labor obligations for more than 4 hours in a row. The main condition for this violation is the absence on the part of the person of valid justified reasons for such an act;
• Refusal of an employee to fulfill labor obligations during the two-week period of work upon dismissal. Despite the fact that the employee has already written a letter of resignation on his own initiative, the employer has the right to change the reason for terminating the employment contract if the person violates the rules of labor discipline;
• Leaving a place of employment until the expiration of a fixed-term employment contract. Even if the employee has fulfilled all the obligations assigned to him in advance, he does not have the right to leave the workplace without the consent of the employer;
• Absence from work due to unauthorized departure on vacation or use of available time off. According to labor legislation, each employee is required to agree in advance with his manager on days of rest by choosing certain dates.

The initiation of the procedure for terminating an employment agreement for absenteeism is always carried out by the employer. First of all, the manager is obliged to request the employee to provide an explanatory note with attached evidence of his explanations. If an employee refuses to explain the reason for absenteeism and does not have serious valid justifications for his action, the employer can call the subordinate to one or another type of responsibility, as well as dismiss him from the company under a certain article of the Labor Code of the Russian Federation.

Results

Even a single missed day of work can become grounds for unilateral dismissal. Its features:

• it is necessary to prove that this is really absenteeism - i.e. the fact that the employee was not at the workplace for more than 4 hours without a good reason;
• before issuing an order of dismissal, it is necessary to prepare a number of documents - a completed attendance sheet, a certificate of absence, a written request to provide an explanation of the reasons for the absence, an explanatory note from the employee;
• the degree of validity of the reason for absence is determined by the manager, but there are generally accepted grounds when failure to appear is not considered absenteeism (illness, emergencies, participation in rallies, performance of government tasks, etc.);
• You can terminate an employment agreement for failure to appear for work within 1 month after absenteeism is detected and within six months from the date of violation;
• accompanying documents necessary to complete the dismissal procedure (notification of the employee, statement of absence, explanatory note) are drawn up in free form, indicating the necessary information and observing the rules of business correspondence;
• for an order of dismissal for absenteeism, a special form T-8 has been established, in accordance with which the form must be filled out;
• an order of dismissal for absenteeism is at the same time an order to impose a disciplinary sanction;
• dismissal will be illegal if the absence is less than 4 hours, it is not continuous, the employee does not have a special workplace, or errors were made in the contract termination procedure;
• if an employee does not appear on site for a long time, a notification is sent to his place of registration about the need to provide an explanatory note (by registered mail with a list of the contents and a return receipt);
• violations in the dismissal procedure may become the basis for the violator to appeal to supervisory authorities, which may lead to the imposition of penalties on the manager and his reinstatement;
• Pregnant women, women raising children under 14 years of age alone, a father/mother with many children whose youngest child is under 3 years of age, and the breadwinner of a disabled minor cannot be fired for missing a day of work without a valid reason.

Thus, failure to show up for duty may result in the cancellation of the contract. But the parties need to know all the features of the procedure, since any violation will become grounds for dismissal to be considered illegal.

Why an employee might disappear and how to find out the reason

An employee's sudden absence or a long period of time does not always mean that he does not come to work without a good reason. For example, he could have an accident and be in intensive care, end up under arrest for an offense, and be forced to urgently fly to a sick relative without having time to notify the employer.

Therefore, if he subsequently appears with an explanation of the reason for his absence and it is valid, the dismissal will be considered illegal , and the employee will have to be reinstated.

IMPORTANT!

Even if the reason for the employee’s absence is unjustified, it does not give the employer grounds for the dismissal option he has chosen. The termination of the employment relationship is considered illegal. For example, when an employee was under investigation and sentenced to prison, and he had previously been fired for absenteeism.

Although the Labor Code of the Russian Federation does not establish the employer’s obligation to look for an employee who did not come to the workplace, before dismissing the missing person, you need to:

1. Make calls to all known employee numbers.
2. Pay a visit to his residence address.
3. If possible, talk to your neighbors.
4. Talk to his colleagues.
5. Send notifications to all known postal addresses of the employee about the need to provide explanations in connection with absence from the workplace, warning about the possibility of dismissal for absenteeism in case of failure to appear (documents are sent by registered mail with acknowledgment of delivery).
6. If you are unable to contact the employee using any of the above methods, you can write a wanted report to the police.

It is in the employer’s interests to wait for the absent employee to appear and receive written explanations from him about the reasons for his absence. If they turn out to be valid, the dismissal may not take place. Otherwise, termination of the employment contract is applied under clause 6, part 1, art. 81 of the Labor Code of the Russian Federation as a disciplinary sanction for absenteeism. In this case, it is necessary to strictly observe the rules for bringing this disciplinary action.

IMPORTANT!

If an employee does not appear for more than 1 year and if there are sufficient grounds for this, the employer has the right to apply to the court to declare him missing or dead (Articles 42 and 43 of the Civil Code of the Russian Federation). If an appropriate decision is made, the citizen may be dismissed under clause 6, part 1 of Art. 83 Labor Code of the Russian Federation.

In practice, the employer makes the decision whether to wait such a long period of time independently based on the moral qualities of the absent person, his characteristics from his immediate superiors, all the circumstances of the disappearance and available documents indicating the citizen’s dishonesty.