Certificate of absence from work– an independent document recording the employee’s absence from the workplace from the beginning of the working day. It differs from it in that it documents absence at a time when the reason for the employee’s absence is still unknown. The act will serve as an auxiliary document if, after time, it turns out that absenteeism occurred, and it will not hurt if it turns out that the reason for the absence was illness or some other valid circumstance.
An absence from work report can only be drawn up if the absent employee has not warned his management or colleagues in advance that he will not appear at the workplace on a certain day.
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This document is drawn up either by the head of the department, or the secretary, or a specialist in the personnel department, or a lawyer of the enterprise. When registering it there must be a special commission(composed of at least two people), the members of which will certify with their signatures the fact of the employee’s absence from the place of performance of official duties.
An employee's absence is recorded in . Until the reasons for absenteeism are clarified, “NN” or the digital code “30” is written next to the employee’s last name. If the timesheet is kept manually, then before establishing the circumstances of the employee’s absence, notes should be made in pencil in order to correct them later; if on a computer, then after clarifying the circumstances of the employee’s absence, the notes in the original document will also need to be corrected.
In cases where the management of the enterprise is not one hundred percent sure that the employee is sick or has other valid reasons for not showing up for work, an absence report should be drawn up every day, after which, on Friday, a summary report for the entire week can be drawn up.
In addition, it is advisable to send written notices of absence from work to the employee (at his place of residence) with requests to explain the reasons for the absence. All these documents will have evidentiary value in cases where the case goes to court. Since the law does not regulate the actions of the employer in any way, each organization has the right to independently develop an algorithm of actions in such situations, relying on judicial practice and its own experience.
The act is created in two copies, each of which is of equal value. Printed or handwritten - it doesn't matter. The main thing is the personal signatures of the relevant persons.
This act does not have a unified template for everyone, so employees of organizations can draw it up in free form or according to a specially developed and approved template within the enterprise. It can be drawn up on a regular A4 sheet or company letterhead, either by hand or on a computer. The fact of the employee’s absence from work must be clearly noted.
The act has a standard form from the point of view of office work and should not cause great difficulties when filling out.
Then here you need to certify that the reasons for absence from work are unknown to the absentee’s colleagues.
In the future, if it turns out that the employee did not have valid reasons for absenteeism, these facts are recognized as absenteeism, which entails punishment through, up to and including dismissal. If an employee, having appeared at work, provides the employer with written evidence of valid circumstances of absence from the workplace, then he is released from any liability and legally begins to perform his official duties.
An absenteeism report is a document that officially confirms the absence of a person at the place where he directly performs his official duties during his working hours. In accordance with the Labor Code of Russia, absenteeism is the actual absence of an employee from work for more than 4 hours at a time. If a citizen did not show up for a good reason, that is, he was sick, had an emergency situation, or other unforeseen circumstances occurred to him due to which he was unable to get to work, then upon submission of written confirmation of these circumstances his absence will not be considered an absence or failure to appear. .
If an employee has been absent for less than 4 hours in a row, then they have the right to demand an explanation from him, but they will not be able to fire him for absenteeism or absence. Moreover, such absences are a violation of labor discipline, and this can become a reason for dismissing a person after some time.
The employee’s absenteeism report must be drawn up by a commission from among the employees of the organization or individual entrepreneur. Typically, it includes an employee of the HR department or HR manager, the head of the structural unit to which the employee belongs, any employee of the same unit or the head of another. For example, a janitor did not come to work, a report on his absence was drawn up by a commission, which included the janitor who came, the head and a housing department technician.
There is no approved form of the document, but there are necessary requirements that it must meet.
Otherwise, it will not be recognized as a basis for dismissing a person, although he did not actually perform his job duties, since he was not at work.
The act must contain the following information:
It is better to use the organization’s letterhead for the act, if it exists. If not, then typing or writing by hand is enough.
It is important to remember that absenteeism is registered only on the day when the employee was not actually at work. Drawing up and signing a document even the next day is illegal. Firstly, the date of compilation and absence from work will not coincide. Secondly, if you draw it up retroactively and ask everyone to sign, then this is a violation of the Labor Code of the Russian Federation on the part of the employer. But you can familiarize the truant with the document the next day. As soon as you show up for work, you must immediately present the completed report.
But what if the violator of labor discipline does not want to sign anything? Within 2 working days, a person must prepare an explanatory statement about where he was during working hours and why he did not come to work. The citizen must be notified of this in writing and his signature must be obtained. If he refuses to leave his autograph and give any written explanations, then you need to draw up a statement about this with the participation of at least two witnesses.
Absence from the workplace for more than 4 hours in a row is grounds for termination of the employment contract between the employer and the citizen. In this case, it is necessary to strictly follow the dismissal procedure, otherwise the violator may challenge it in court.
After filing an absenteeism report and receiving written explanations from the employee about his whereabouts, it is necessary to analyze to what extent the reasons for his absence from work deserve respect. For example, I spent the night at the dacha, in the morning the wiring shorted out, a fire broke out, I called the fire brigade and put out the fire. A fire report must be provided as evidence. This reason is valid. But such an explanation as being stuck in a traffic jam may arouse suspicion, since it is impossible to verify this.
If an employee refuses to give any explanations or sign an act of absence, then this must be documented and obtained testimony from witnesses from among the organization’s employees.
Next, you need to issue an order to dismiss the citizen under paragraphs. a) clause 6 of Art. 81 of the Labor Code of Russia. The document must indicate the specific date and time when the person did not fulfill his work duties because he was absent from his workplace. This information must coincide with the certificate of absence from work attached to the order.
But there are situations when a person never shows up for work. Then you need to try to contact him in all available ways, send a registered letter to his residence and/or registration address demanding an explanation as to why he does not show up at work. If the person cannot be found, then within six months from the first day of failure to appear, he can be dismissed as missing.
An employee who was not at his workplace for more than 4 hours at a time does not have to be fired. The employer has this opportunity, but it is not an obligation. If an employee in his explanation indicated the circumstances of his absence that could have occurred, but it is impossible to verify whether this is true or not, then management may not terminate the employment contract with him. At the same time, other types of disciplinary sanctions are applied to the truant. These include reprimands and reprimands.
To impose them on an employee, an order must be drawn up. The document must contain the following information:
While a reprimand or reprimand is in effect, the employee’s bonus may be reduced or completely cancelled. If the violator of labor discipline continues in the same spirit, then he can be fired for this.
Each employer introduces its own work schedule for individual groups of employees or for the entire team as a whole, which must be strictly adhered to. In addition, there are concepts of labor discipline that apply to all employees.
One of the conditions for cooperation is the fact of absence. And its presence, depending on its duration, may result in disciplinary sanctions ranging from a reprimand to dismissal.
To apply penalties, the employer is obliged to timely and correctly record the fact of the violation and issue an absenteeism report.
Every employer must clearly understand the norms of labor legislation and understand what is meant by absenteeism. Not everyone can be declared absentee.
The Labor Code describes absenteeism as:
Both the first and second paragraphs cannot be applied to a temporarily absent person if he has provided an official document confirming that the pass is valid. Such a document can be a sick leave certificate, an accident report, a certificate from the housing department about an emergency situation in the apartment, etc.
Sometimes an employee’s absence may be caused by other reasons that he cannot document, but which are no less compelling. In this case, it is best to notify your superiors in advance about the need for absence and register it. But we should not forget that any verbal agreements can easily be violated and subsequently it will be impossible to prove that the absence was agreed with the management if the director himself testifies to the contrary. To avoid misunderstandings, you should document your request for days at your own expense.
Any violations must be documented if the employer wishes to respond to this act. The lack of paperwork does not allow penalties to be applied to the culprit. Moreover, the papers must be recorded and executed within a strictly established time frame; skipping them will also not allow the offender to be punished.
The employer is obliged to carry out the following steps step by step:
Based on the act and the explanatory note from the employee himself, a decision is made on the punishment.
The management of the organization has the right to react differently to absenteeism, even to the point of simply leaving this fact unattended.
The Labor Code establishes that when determining a punitive action, it is necessary to weigh the severity of the offense itself and the penalty applied. So, a person cannot be fired for being late, but for absenteeism, the employer has the right to use extreme measures, but also has the right to mitigate the punishment to a warning.
The mere fact that an employee is absent from his workplace does not mean that he is absentee. Sometimes a person, for objective reasons, is unable to show up at work on time. Therefore, the mere fact of drawing up this paper does not entail automatic dismissal. Thus, the employer, as it were, is protected in the absence of objective reasons for absence from work.
To draw up an act of absenteeism, the organization’s management must initiate the creation of a special commission. Usually, the form itself is filled out by a personnel employee, and the absence of attendance is witnessed by the truant’s immediate supervisor and his colleagues. Witnesses affix their signatures, thereby confirming the fact of absence.
In the working time sheet, which is filled out daily upon the fact, the mark NN is affixed, which literally means that the reason for absence has not been clarified. Subsequently, this mark can be corrected both for sick leave or leave at your own expense, or for absenteeism.
When drawing up an act of absence of an employee from the workplace, the main thing is to follow the order in which the facts are presented. There are no developed unified forms of this document, but organizations, most often, have their own typed blanks of such forms. Without a strictly oriented form, you can use any typical act form.
The document should include the following information:
When the absent person appears, one copy of the act will be handed to him, and on the sample of the organization he will have to put his signature stating that he is familiar with the contents of the paper.
When drawing up documentation of absenteeism, you should take into account some important nuances that will help you avoid further inconsistencies.
The slightest failure to comply with the requirements of labor legislation on the part of the employer, and the employee will be able to refute the correctness of the actions taken in court and be reinstated in the workplace even after dismissal.
When recording a violation, the following rules must be observed:
Every small nuance or incomplete completion of paperwork can turn the employer’s seemingly legitimate efforts into dust. As soon as the paper is written, the management of the organization must take all necessary measures to find the truant; you can call him or even send the employee to his place of residence to clarify the circumstances.
It is recommended to draw up a document about the employee’s absence from his workplace on the day of absence, but this is not always possible. For example, an employee could inform his superiors that he was sick and was marked as sick on his work time sheet, but later it turned out that he was absent and it was necessary to record the fact of absenteeism. Therefore, the act itself is drawn up as such a need arises. But this does not mean at all that the organization’s management can draw up such papers, remembering the shortcomings of the past. The deadline for filling out the form is the first day the truant appears at work, if before that the reasons for his absence were not known or the employer was sure of their legality.
But for applying a penalty in the form of dismissal, there are quite strict rules:
Missing deadlines will not allow the employer to take disciplinary action.
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Certificate of absence from work- a document that is drawn up by several persons and confirms the fact of absence from work. Within the boundaries of labor discipline, when an employee is absent from work for unknown reasons, a corresponding document is drawn up. The act of absence from work is confirmation that the employee actually missed a day of work. This act is drawn up by the head of a structural unit or department with two witnesses.
The act of absence from work is signed by a commission consisting of three persons. The absence of a unified form of the act makes it possible to use your own forms, each of which must be approved by the director or manager.
An approval stamp is placed in the upper right corner.
The need to draw up an act depends on the circumstances. In cases where an employee falls ill and provides sick leave, a report is not drawn up. If the reason for absence is, for example, a vacation in a sanatorium, it is necessary to arrange a vacation of your own free will, but it is issued only on the basis of an application. If there is no statement, the absence is classified as absenteeism, and in this case it is necessary to draw up an act, indicating all additional circumstances.
Employee absenteeism report– a document providing grounds for bringing an employee to disciplinary liability, the severity of which varies from reprimand to dismissal. Having a minimum knowledge of labor law norms will allow you to avoid the imposition of an undeserved penalty, and sometimes even save your job.
Russian labor legislation defines absenteeism as the absence of an employee from the workplace for 4 hours in a row without a valid reason. In fact, absenteeism is a failure to fulfill official duties, which, in accordance with the provisions of Article 192 of the Labor Code of the Russian Federation, falls under the category of disciplinary actions, the commission of which entails penalties up to and including dismissal.
Important: the statute of limitations for bringing to disciplinary liability is 1 month from the moment the offense was committed or discovered. While the employee is on vacation or sick leave, this period is suspended.
Absence from work is considered legal if the employee has: a certificate of incapacity for work, a summons to take an examination session, as well as a summons to appear in court or law enforcement agencies. However, as judicial practice shows in cases of challenging imposed penalties, other circumstances and reasons may also be considered valid:
an employee’s request for medical help (including for a minor child) without subsequent issuance of a certificate of incapacity for work - in the presence of documents of an initial examination or a medical certificate;
carrying out emergency repair work at the employee’s place of residence.
In addition, an employee’s absence from work due to non-payment of wages for more than 15 days cannot be considered absenteeism - by virtue of Article 142 of the Labor Code of the Russian Federation, the employee has the right in this case to suspend the performance of official duties by notifying the employer.
The absentee worker report, the form of which does not have a unified form, but requires compliance with a number of requirements, is drawn up by a commission - the employee’s absence from the workplace must be recorded in the presence of at least two people. In addition, in order to avoid invalidation of the act, it must contain the following information:
details of the commission members, as well as the employee who is absent from work (positions, surnames, initials);
information on the measures taken to establish the location of the absent employee and the reasons for absenteeism, the results of such measures;
the duration of the employee’s absence from the workplace with a note indicating the inclusion of lunch and other breaks at this time;
place (settlement) and date of drawing up the act.
The employee in respect of whom the act has been drawn up must be familiarized with it against signature. In case of refusal to sign, a corresponding note is made in the act, certified by the members of the commission.
Important: refusal to sign does not prevent the imposition of a disciplinary sanction. Therefore, in case of disagreement with the contents of the document, it is better to record all objections and comments directly in the act itself.
Compiled in 2 copies.
Act No. _____
absence from work without good reason
more than 4 hours in a row during a working day (shift)
__________ "__"_________ _____ g.
Time to draw up the act: ____ hour. ____ min.
In the presence _____________________
(position, full name) (position, full name)
And __________________________________________ made up
(position, full name)
this act on the following: "___"_______ ____ _______________________
(FULL NAME.,
Absent from work _________________________________
employee position) (place of work)
from ___ hour. ___ min. until ____ hour. ____ min. - during the working day (shift)
(total __ hour. ___ min.).
It is proposed to provide written
(Full name of employee)
explanation within 2 working days.
Signatures of the persons who drew up the act:
______________/_________/
(signature)
_____________/__________/
(signature)
_____________/__________/
(signature)
I have read the act ___________/____________________
As judicial practice shows in cases of reinstatement after dismissal for absenteeism, the following circumstances may be grounds for recognizing an employee’s absence from work as invalid:
the presence of evidence of failure to submit an absenteeism report for review to the employee in respect of whom it was drawn up;
subsequent submission by the employee of supporting documents, the authenticity of which is beyond doubt, provided that it is impossible to transmit them to the employer in a timely manner (for example, due to illness or due to force majeure circumstances);
absence in the report of information about the reasons for absenteeism and evidence of the employee’s continuous absence from work for 4 hours in a row.
A standard employee absenteeism report is a certificate that serves as a legal basis for bringing a violator of the work regime to a disciplinary form of responsibility, the degree of which can be determined by either an ordinary reprimand or dismissal. Mastering a minimum amount of information in matters of labor law often allows employees to evade the imposition of undeserved penalties, and sometimes even remain in their position.
Domestic labor legislation absolutely clearly and easily defines the concept of absenteeism as the case of the absence of a certain employee from his assigned place for 4 hours without any reason or provided certificate. At its core, an absenteeism report is a certificate confirming the fact that workers have not performed their immediate job duties. Such actions are included in the list of disciplinary actions in accordance with certain paragraphs of Article 192 of the Labor Code of the Russian Federation. Committing such actions will necessarily entail the imposition of penalties and may even lead to dismissal.
An employee’s absenteeism report can also be challenged if an employee of the organization has not been paid wages for more than fifteen working days. The mentioned rule can be found in Art. 142 Labor Code of the Russian Federation. In case of delay in payment of wages, employees always have the opportunity to suspend the performance of their immediate duties in the organization, having previously informed the employer.
The fact that an employee is absent from his place can be considered acceptable behavior only if he has a certificate confirming his incapacity for work or a special call to take an examination session at an educational institution. Judging by the experience of judicial practice on issues of reliability of reasons for imposing penalties, other circumstances can also be considered valid:
A sample act on absenteeism of an employee of an organization, the form of which is not prepared in a special form, but requires following certain rules, can only be drawn up by a special commission. The absence of any employee must be recorded. In order for such a form to be filled out correctly, you will need a certificate from at least two employees. In order for a sample document to be considered valid in the future, it must contain the following information:
You can download the sample at the end of the article.
Important! The duration of the period for which a violator can be brought to disciplinary liability is usually one month from the date of discovery or commission of a specific offense. The period under review should be suspended if the employee of the organization who violated labor discipline is absent due to health problems or is on vacation.
Guided by the experience gained as a result of many years of judicial practice, experts in this field argue that the compiled sample is disputed in the following situations:
To record a case of absenteeism, you must first perform the following steps:
If an employee is punished for absenteeism by a certain person, a superior employee does not have the right to tighten the punishment.
