For a single gross violation of labor discipline by an employee - absenteeism - the employer has the right to apply to the culprit such a severe punishment as dismissal under an impartial article. Absenteeism is considered absence from the workplace for more than 4 hours in a row or during a full working day.
Instructions
Step 1
Find out the reasons for the absence of the employee. If the violator of discipline does not agree with the fact of dismissal under the article "truancy", he has the right to apply to the labor dispute resolution commission. In cases where it comes to court, the importance of the reason for absenteeism is a very strong argument in resolving the dispute. If the court recognizes the reasons for the employee's absence from the workplace as valid, then the employer will be obliged not only to reinstate the dismissed in office, but also to pay him the so-called “forced absenteeism” - working days calculated from the day of dismissal to the day of reinstatement at work.
Step 2
If a decision is made to terminate an employment contract with an employee, prepare a set of documents for dismissal under the absenteeism article: - an act on violation of labor discipline by an employee and an act on his refusal to sign (if necessary);
- an explanatory note of the employee who committed absenteeism, in its absence - an act of refusal to provide explanations;
- Memorandum of the direct supervisor of the truant to the name of the head of the entire organization about the violation of labor discipline with a detailed description of the incident;
- an order on the application of a disciplinary sanction to an employee who has committed absenteeism;
- order of dismissal under the relevant article.
Step 3
Enter the records of termination of the employment contract in the personal file, the employee's personal T2 card, in the personal account. In the work book, create an entry "Fired for absenteeism, subparagraph" a ", paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation. Indicate the number and date of the resignation order.
Step 4
Invite an employee to the personnel service, HR department or directly to the director of the organization to familiarize yourself with the texts of orders on the application of penalties and on termination of employment. If the employee refuses to sign, draw up an act about this in free form.
Step 5
Hand out the work book to the dismissed employee.
