Advice 1: How to avoid dismissal for absenteeism

Dismissal for absenteeism threatens the employee that is not listed on a workplace more than four hours continuously. Enterprise managers like to threaten negligent (or simply unwanted) worker removing "article", but realize these plans are not so often. But precedents do happen. How to make a "bad" record is not ruined your work-book?
How to avoid dismissal for absenteeism
Instruction
1
Grounds for dismissal can be a one-time absence from work for four hours. However, this absence must be continuous. If your working place has been vacant for two or three hours, absenteeismω is not considered.
2
Keep in mind that identified truancy must be reported on the day when it was committed or, in case of failure, the next day. Backdating issue truancy impossible. If you are threatened, remembering the misconduct of two weeks ago, ignore – documented this issue cannot, therefore, grounds for dismissal , no.
3
If your absence was noticed, he fact must be confirmed by a corresponding act, certified by your signature or the signatures of two witnesses. You must demand a letter of explanation outlining the reasons for absenteeism. In the absence of these papers to prove the fact of absenteeismand impossible.
4
Sometimes, wanting to get rid of an employee, the supervisor hinted to him, if he does not leave voluntarily, he would be fired for absenteeism. Theoretically, to organize the situation absenteeismand easy. For example, an employee can send an oral instruction to take the documents to a branch office, send a certified letter or buy something for the office. Upon returning he faces willing the act of violation of labor discipline.Not to be in such a situation, do not agree to comply with the requests made orally. Ask for the order or, in extreme cases, a note from the supervisor with his signature. If necessary, this will be your excuse.
5
If you want to fire, try to behave prudently. Try not to be late – being late is not considered a gross violation of labor discipline, however, if each of them will be drafted the act and issued an order of reprimand, you can be fired after the second delay.
6
To protect themselves from unfair dismissal , you can use third-party instances. After hearing from the head of words "and then fired according to the article" write an application to the labor Inspectorate, where we will state that you constantly have a moral pressure, threatening to dismiss, and ask them to check. If your company lacks a system of accounting of working time, be sure to mention this.
7
Inform the head of about taken measures. Usually the legal competence of the employee what the boss. And, after consulting with a lawyer or the head of HR, your supervisor will realize that the truth is on your side. And if you do you will not violate the business discipline you will be safe.

Advice 2: How to make a truancy officer

Discipline in the workplace is one of the components of successful work teams, site management, enterprise. But it happens that one of the workers start late, take time off and, in the end, does not work. On the face of such violations as truancy. It would seem, all is simple – the quitter can be dismissed quite legally. However, you need to be very careful in the preparation of documents for dismissal, to not have to pay for his forced absence in case of reinstatement.
How to make a truancy officer
Instruction
1
First of all, make sure that the misconduct of the employee relates to truancy, and there are besides good reasons. The Labour code of the Russian Federation, given a clear wording of what is considered absenteeism (clause 6A of article 81 of the LC RF).
So, installed the accomplished fact of the absence. Let's consider algorithm of actions.
2
The immediate supervisor of the quitter needs to notify a superior officer and file a report about his absence from work. The instrument should indicate the place of preparation and time. In addition to the head act is signed by at least 2 people confirming the fact of absenteeism.
3
After receiving the act, the head of the personnel Department of the enterprise must take all measures to determine the reason of absence of the employee.
If the truancy short and the next day the employee returned to work, you need to offer him to write a written explanation of the reason for the admitted misconduct. Writing explanations the employee is given 2 days. If after the specified period of explanation is not provided, is made the act of refusal from giving explanations."
If the absence lasts more than one day, the personnel officer must determine the cause: call home, go to the specified personal address, to find relatives, friends, talking to neighbors.
4
Once the reason for absence is unclear, is the analysis of the case of violation of labor discipline in the enterprise Manager. It is important to remember that analysis needs to be conducted before the expiry of one month from the date when it became aware of the violation.
The decision must be made objectively, taking into account previous work of the employee and all of the requirements of article 192, 193 of the LC RF.
With the order of imposing a disciplinary sanction in the form of dismissal the employee should be informed in 3 days time. In case of failure is made the "act of refusal" in the presence of 3 persons.
5
On the basis of the order on imposition of penalty, the employee leaves the enterprise. The order is issued a standardized form T-8, entry is made in the work book of an employee. In day of dismissal it is given to him in his hands, does a full calculation.
If you absence the employee was not allowed to work, the day of discharge is considered the last working day before the absence.
6
In that case, if the employee from signing the order for dismissal refuses and takes the work book also to make the act of refusal in the presence of 3 persons.
About the need to pick up the work book will notify the employee by registered letter with notification.
Note
It is important to remember that absence without leave is absence, and the refusal of early release of the holiday there!

Advice 3: How to apply for absence without leave

Truancy is a violation of performing his employment duties of the employee, written job description and employment contract. This misconduct may be subject to such disciplinary action as dismissal, reprimand or remark.
How to apply for absence without leave
Instruction
1
On the day of absence should make a report on violation of employment discipline. In the act of violation include the following information:
- place and date of execution;
- title, surname and initials of the drafter of the act, his signature;
- position, surname and initials of at least two witnesses truancy, their signatures;
- a text description of the violation;
- the literal introductory explanation of the offender;
- the signature of the offender (if he refuses to sign the act, put a special mark).
2
Take the offender an explanatory note about the reasons for truancy. If the employee refuses to give explanations in writing, make the act of refusal, or reflect this fact in the act of violation. For making the act attract at least two witnesses.
3
Write a memo to the Director of the company on violation of labor discipline, attaching all the necessary documents: the statement of violation with the signatures of the originator, witnesses and the offender, a letter of explanation.
4
Prepare the draft order on application to employee sanctions: comments or reprimand. The draft order is signed by the head of the organization or the person authorised by the special documents – articles of Association, power of attorney, orders.
5
Register the order in the order book of the organization, giving it the number and date of compilation.
6
Within three days of the offender become familiar with the contents of the order for the recovery. If the employee does not agree to sign the review, similar to the act of refusal from giving explanations make the act of refusal of the signature. In the act, specify the positions and names of two witnesses of the refusal.
Note
To reprimand or caution for truancy can only be for 6 months from the date of Commission of the offense.
Useful advice
The remark, reprimand or dismissal once apply to the offender labor discipline within one month from the date of discovery of the breach. This period does not include the time spent by an employee on vacation or on sick leave.

Advice 4: How to make a truancy worker

Absenteeism is considered the employee's absence from work without valid reason for more than four consecutive hours or throughout the working day (article 81 TK the Russian Federation). If the employer wants to fire or punish the employee, it is correctly documented to check the labour Inspectorate found no violations and did not consider the punishment or the dismissal illegal.
How to make a truancy worker
You will need
  • - a memo;
  • the act of violation;
  • - explanation;
  • - the act of renouncing explanation;
  • - the order imposing penalties;
  • - order of dismissal;
  • - calculation.
Instruction
1
If the employee has not returned to work, it cannot be considered truancyohms. Even if immediate management is not alerted to the reason for absence, then it is not the fact that you will not be charged with sick leave or certificate, which are official documents exempting from work.
2
If the employee came to the workplace, but has not presented the documents confirming respectfulness of his absence, the foreman, the foreman or head of Department must write a report and submit it to the employer.
3
On the basis of the Memorandum, the employer must create a Commission from among the administrative staff of three persons and to commit an act of violation. Become familiar with the act of the employee under the bill, and ask them to write a written explanation for his absences. To explain to the employee the three days.
4
If within the applicable labor legislation of the period you have not received a letter of explanation, make the act of refusal from giving explanations.
5
Then you can issue an order of violation and disciplinary punishment (article No. 192, No. 193 TK the Russian Federation). Document familiarize the employee on receipt. If the offender is unwilling to put his signature, designed the about this additional act.
6
On the basis of the acts of the order, you have the right to fire an employee, issuing an additional order to dismiss the unified form T-8. Day release and perform a full calculation, give current salary and compensation for all unused vacation days, work record and other documents stored on the enterprise.
7
If you do not plan to make the dismissal, have the right to deprive the employee of award, impose additional administrative or material recovery.

Advice 5: How to challenge the order of dismissal

You got fired and you don't agree with it. Want to be reinstated or to correct the entry in the workbook, but I don't know what to do and where to go? Most importantly - do not waste your time.
How to challenge the order of dismissal
Instruction
1
If you consider his dismissal illegal and want to challenge it you have a month from the time you received the work book with a record or the order about dismissal at the hands. If you for a valid reason, missed the deadline, in this case, you need to write a letter of reinstatement of service. The worker in appealing the dismissal in the court shall be exempt from the payment of fees and court costs.
2
Determine what kind of claims you can submit to the employer:- to restore you to the position;- to pay wage arrears and compensation for forced absence; - change the record about dismissal in the workbook;- compensation for moral damages.
3
Prepare all the necessary documents and make certified copies thereof: - employment contract; - the work book with all registered records employment and termination; - the salary certificate.If you have other documents proving your employment relationship with the employer, or the incompetence of the dismissal, apply them. If you have no documents on hand, please contact the court asking them to claim.
4
Select, in any Federal court (district court) of General jurisdiction, you can appeal the decision. Can apply at their place of registration or at the location of the employer.
5
Make a claim, which specify the following:- the name of the court which apply;- your data;- data of the organization from which you fired;- the circumstances of your dismissal;- claims and demands to the employer;- list of attached documents.
6
Try to settle all disputes with the employer by peaceful means before filing a claim in court. Make a written complaint that clearly and correctly describe all the requirements (in two copies). One copy direct to the employer, another copy, with a mark of the head, attach to the claim. There are situations in which a complaint is the only document confirming the employment relationship.
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