Discipline in the workplace is one of the components of the successful work of a brigade, site, workshop, enterprise. But it happens that one of the workers starts to be late, to take time off and, in the end, does not come to work. On the face of this kind of violation, like absenteeism. It would seem that everything is simple - a truant can be fired on a completely legal basis. However, you need to be very careful when drawing up documents upon dismissal, so that you do not have to pay for his forced absenteeism in case of reinstatement at work.
First of all, make sure that the employee's misconduct relates to absenteeism, and whether there are good reasons for this. The Labor Code of the Russian Federation provides a clear formulation of what is considered absenteeism (clause 6a, article 81 of the Labor Code of the Russian Federation).
So, the fact of truancy has been established. Let's consider the algorithm of actions.
The immediate supervisor of the truant must notify the superior supervisor and draw up an act of his absence from the workplace. In the act, it is necessary to indicate the place of compilation and the time. In addition to the head, the act is signed by at least 2 more people certifying the fact of absenteeism.
Having received the act, the head of the personnel department of the enterprise must take all measures to find out the reason for the absence of the employee.
If absenteeism is short-term and the next day the employee went to work, you need to invite him to write a written explanation about the reason for the misconduct. The employee is given 2 days to write an explanation. If, after the expiration of the specified period, the explanatory note is not provided, an "act of refusal to give an explanation" is drawn up.
If absenteeism lasts more than one day, the personnel officer must independently find out the reason: call home, go to the address indicated in the personal file, find relatives, friends, interview neighbors.
After the reason for the absenteeism is found out, an analysis of the case of violation of labor discipline with the head of the enterprise is carried out. It is important to remember that the analysis must be carried out before the expiration of one month from the day when the violation became known.
The decision must be made objectively, taking into account the previous labor activity of the employee and all the requirements of Articles 192, 193 of the Labor Code of the Russian Federation.
The employee must be familiarized with the order to impose a disciplinary sanction in the form of dismissal within 3 days. In case of refusal, an "act of refusal to familiarize yourself" is drawn up in the presence of 3 people.
On the basis of the order to impose a penalty, the employee is dismissed from the enterprise. An order of the unified form T-8 is issued, an entry is made in the employee's work book. On the day of dismissal, she is handed over to him, a full calculation is made.
If from the moment of absenteeism the employee was not allowed to work, the last working day is considered the day of dismissal - before absenteeism.
In the event that the employee refuses to sign in the order for dismissal and does not take a work book, you also need to draw up an act of refusal in the presence of 3 people.
Notify the employee of the need to pick up the work book by registered mail with notification.