The procedure for bringing an employee to disciplinary responsibility, including his dismissal for absenteeism, is established by law. Any violation of this procedure entails the recognition of the employer's actions as illegal and the reinstatement of the employee at work.
In order for the dismissal of an employee for non-attendance to be legitimate, the employer, in addition to establishing the fact of absenteeism, must adhere to a number of rules.
First, it is imperative to request written explanations of the reasons for the absence from the employee.
Secondly, an employee can be dismissed no later than one month from the day of absenteeism, without taking into account the time of the sick employee, his vacation, as well as considering the issue of dismissing the representative body of employees, but in any case no later than 6 months from the date of absence from work.
Thirdly, it is permissible to apply only one disciplinary sanction for one disciplinary offense, that is, it is impossible for a truant employee to first be reprimanded and then dismissed for absenteeism.
It is necessary to ask the employee for an explanation of the absenteeism to correctly assess the violation of labor discipline.
The employer expects explanations within 2 days, if there is no explanation, the dismissal is made without them. Dismissal before the expiration of the specified 2 days will be correct if the employer draws up an act on the employee's refusal to provide explanations.
If the employee does not go to work, it is most correct to send a telegram to his place of residence with a request to explain the reasons for the absence. So, the employer will simultaneously receive evidence that he has demanded an explanation even if the employee refuses to receive the telegram. It is better not to use registered letters for these purposes, because they can be received by the employee much later. Telephone conversations about the need to provide explanations also do not indicate the employer's compliance with the order of dismissal.
In this case, explanations must be requested from the employee before issuing the order of dismissal.
Violation by the employer of the term for bringing to disciplinary action is an indisputable basis for recognizing the dismissal as illegal. It would be correct to be fired for absenteeism from the last day of work, that is, from the day preceding the truancy.
