The employer’s desire to create a team in which each employee clearly fulfills his or her duties and does not “stuff” is aimed at the development of the organization. To achieve this, the “carrot and stick” method is often used. Thus, labor legislation gives the employer the right to establish bonuses, allowances, etc. for employees, as well as to apply disciplinary sanctions for violation of labor discipline or failure to fulfill duties.
In each organization, the way to motivate employees is chosen independently: some believe that it is better to encourage and not pay attention to minor offenses, while others consider punishment to be the most effective way. But regardless of the chosen path, there are violations that few employers can forgive. These include, for example, absenteeism, for which one of the most severe punishments is imposed - dismissal.
5. Study leaves
Certifications, state exams, dissertations are legitimate reasons for being absent from work. In the first two years, in order to pass the intermediate certification, 40 days off are provided, according to the law, and in senior courses - 50. When passing the state final certification, the student has the right to count on a vacation of up to four months, and if you are writing a candidate's dissertation, the employer is obliged to provide you have up to 3 months of study leave (Articles 173-176 of the Labor Code of the Russian Federation).
But will you really spend your entire vacation for its intended purpose? Practice shows that all educational issues are resolved the night before. By the way, a second higher education no longer gives you any privileges, but sometimes employers make an exception and stipulate special conditions in the employment contract. If your company insists on obtaining a second diploma, then be sure to discuss this point.
Possible and impossible (according to the Labor Code of the Russian Federation)
Although any employer dreams that all his employees are always in their places during working hours, in life this is impossible.
Every employee is a living person, and from time to time circumstances arise that force him not to go to work. What types of absence from work exist:
- different types of leave: regular, at your own expense, child care, educational and others;
- time off;
- absenteeism.
The first two cases were agreed upon with the employer, the last is a violation of labor discipline and is fraught with serious consequences for the employee, including dismissal.
If an employee manages to justify his absence from work, this will not be recognized as absenteeism. And if by this time a disciplinary sanction has already been imposed, it is subject to cancellation.
The employer needs to be very careful, since the Labor Code of the Russian Federation does not contain a list of valid reasons for absence from work, and unjustified disciplinary action and dismissal are a violation of the employee’s rights, as a result of which he will most likely go to court, and the court will reinstate his rights .
6.Medical examination
If an organization sends you for a medical examination, then it pays for unworked days (Article 185 of the Labor Code of the Russian Federation). There is no doubt about the correctness of such a law - the health of precious employees comes first. However, the speed of the medical examination is entirely up to you: come to the clinic early, ask your colleagues to get in line, and then your chances of getting it done before lunch are very high. Or maybe the necessary certificate about the condition of your body has already been stored, and the “health day” can be spent outside the walls of the clinic?
When is it possible
The employer is forced to decide for himself what is considered a valid reason for absence from work and what is not. And the employee has the right to disagree with him, then the matter may go to court.
There is a list that the court relies on when deciding such issues. The Labor Code considers absence due to illness as one of them, but subject to the provision of a document from a medical institution.
The following are also considered valid reasons:
- performing public works;
- donation of blood and components;
- participation in a strike;
- transport problems - flight delay, car accident, etc.;
- force majeure, for example, disasters, natural disasters, military actions and others;
- detention;
- absence from work due to a delay in wages lasting more than 15 days (with prior notification by the employee to the employer).
From a practical point of view, it is more correct when an employee’s absence from work is agreed upon in advance with the employer. This is the case when a person, going on vacation or planning to take time off to which he is entitled, writes a statement about this.
According to the law, an employee is entitled to time off if:
- went to work on non-working days;
- donated blood and components;
- he has irregular working hours;
- is going to undergo a medical examination (one day every three years, and for employees of pre-retirement age - two days every year) or a mandatory periodic medical examination;
- intends to participate in the court hearing as a juror.
In response to the application, the employer issues an order.
Most employers are sympathetic to absences for family reasons:
- the need to care for a sick family member, most often a child;
- local utility failure at the place of residence;
- death of a close relative;
- wedding;
- moving;
- birth of a child, etc.
To avoid problems, we strongly recommend that you develop and communicate to your employees rules of conduct in such cases. If there is a risk of absence from work, the employee is obliged to inform his supervisor, and then he will receive instructions on what to do in this case so that his absence does not become absenteeism, for example, take some supporting documents. In many organizations, it is possible to work remotely, for example, if a child is sick. Whether or not to take sick leave in this case is discussed separately. It is important that employees know how to act to avoid problems.
Official website of the Supreme Court of the Russian Federation
The Supreme Court (SC) of the Russian Federation adopted a resolution of the plenum on some issues that arise when considering cases related to non-payment of alimony. The document, in particular, explains which reasons for non-payment of alimony can be considered valid and which not, whether persons in prison are exempt from paying alimony, and whether proceedings in the case are subject to termination when the child reaches the age of majority.
Regardless of will
The highest authority notes that valid reasons for non-payment of alimony can be recognized as circumstances in which it occurred regardless of the will of the payer.
“For example, in connection with his illness (disability); due to the fault of other persons, in particular due to non-payment of wages by the employer, delay or incorrect transfer of alimony amounts by the bank; due to force majeure circumstances; due to the person’s military service under conscription,” the text of the resolution specifies.
At the same time, the plenum explains that when assessing the relevant circumstances, the judge should take into account whether the person had other opportunities (including cash, property, other sources of income) to pay for the maintenance of children or disabled parents.
Disagreement with size
Disagreement with the established amount of alimony is not considered a valid reason; in this case, the payer must challenge the amount collected from him in court, the Supreme Court points out.
“The disagreement of the person obliged to pay alimony with the amount of amounts to be paid for the maintenance of children or disabled parents, established by a judicial act or agreement on the payment of alimony, cannot be considered as a valid reason for non-payment of alimony. In this case, the person has the right to resolve the issue of changing the amount of alimony in the manner prescribed by law (Articles 101, 102, 119 of the Family Code),” the document says.
Cohabitation
The highest authority also clarifies that living together with a recipient of alimony does not relieve one from the obligation to pay for his maintenance.
“The mere fact of cohabitation between a person obligated to pay alimony and the recipient of alimony cannot be regarded as a basis for recognizing the reason for non-payment of alimony as valid,” the Supreme Court emphasizes.
Alimony from convicted persons
In cases where the alimony payer is in prison, the courts should examine his financial situation, and the mere fact of imprisonment does not exempt him from payment.
“Failure to pay alimony while a person obligated to pay alimony is serving a sentence in prison is also not an unconditional basis for his release from administrative liability. In this case, other circumstances are subject to investigation, in particular: whether such a person was involved in paid work while serving his sentence, or whether he refused to work without good reason,” the plenum explains.
Indication of motives
The Supreme Court notes that the list of valid reasons for non-payment of alimony is not exhaustive and in each case the court must indicate the reasons why it decided to punish or exempt from liability for ignoring the obligation to pay benefits for children or disabled parents.
“In all cases, they are subject to assessment, indicating in the decision on the case of an administrative offense the reasons by which the judge, taking into account the study of all the circumstances of the case, including the financial and marital status of the person obliged to pay alimony, came to the conclusion about why specific factual circumstances classified or not classified by him as a valid reason for non-payment of alimony,” the resolution states.
Wedding, emancipation, adoption
The highest authority draws the attention of the courts that the child’s reaching the age of majority, his acquisition of full legal capacity as a result of marriage, emancipation or adoption of a child for whose maintenance alimony has been collected, as well as his death cannot be recognized as a basis excluding proceedings in the case of administrative offense for non-payment of alimony.
“Subject to the formation of arrears of alimony for the period preceding the occurrence of these events or the commission of actions,” the plenum clarifies.
Intentional guilt
The subjective side of the administrative offense provided for in Part 1 or 2 of Article 5.351 of the Code of Administrative Offenses of the Russian Federation is characterized by an intentional form of guilt, reminds the Supreme Court.
“A person obligated to pay alimony is subject to administrative liability even if it is established that he deliberately underpaid funds for the maintenance of children or disabled parents, that is, paid alimony in an amount less than that provided for by a judicial act or an agreement on the payment of alimony , since this circumstance is a violation of them,” the resolution explains.
Debtor's participation
Since failure to pay alimony provides for the possibility of imposing a punishment in the form of compulsory labor or administrative arrest, the case must be considered with the participation of the debtor.
The Supreme Court clarifies that the case must be heard on the day of receipt of the protocol on an administrative offense (resolution to initiate a case on an administrative offense) and other materials, and in relation to a person subjected to administrative detention - no later than 48 hours from the moment of his detention.
Comprehensive information
Due to the shortened time frame for considering cases of non-payment of alimony, materials received by the court must contain comprehensive and consistent information related to the event of an administrative offense, the plenum indicates.
“In particular, allowing to distinguish it from an act containing signs of a crime, as well as information about the initiation of enforcement proceedings and the absence of valid reasons for non-payment of alimony, information about the person against whom the case was initiated, including characterizing his personality and necessary for the appointment of a specific type of administrative punishment, taking into account the requirements of the law (Articles 3.5, 3.9, 3.13, 4.1–4.3 of the Code of Administrative Offenses of the Russian Federation), information about the victim and information about the explanation to the participants in the proceedings in the case of an administrative offense of their rights and obligations (parts 2, 3 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation).” , explains the Sun.
In the absence of such information, the protocol on an administrative offense (resolution on initiating a case on an administrative offense) can be returned to the official who compiled it at the stage of preparation for consideration of the case.
❓ What is truancy
Officially, absenteeism is the absence of an employee from the workplace for more than 4 hours a day (excluding time for a lunch break). If an employee misses less than 4 hours of his shift, then this is only considered late.
Many employers regard an employee's absenteeism as a reason for dismissal and do not know that the law stipulates valid reasons why a person was forced to be absent. An employee cannot be dismissed for good reason, otherwise he has every right to file a complaint in court.
Our article is relevant for both employers and employees. We have put together all the legal aspects to tell you in simple words about valid and legal reasons for absenteeism. In doing so, we relied on the latest edition of the Labor Code of the Russian Federation, use it!
Valid reasons for absenteeism
By analyzing the circumstances of modern life, it is possible to determine some valid reasons for the absence of an employee.
Personal reasons
1. Illness or injury.
Absenteeism is due to the health of an employee when a person goes to the hospital, but does not take out a sick leave sheet. Many people give up sick leave in order to maintain wages. In this case, the employee must provide a doctor’s certificate indicating the date of the appointment.
2. Medical examination.
If a person works in a grocery store, child care facility, catering, military, fire or rescue service, then a medical examination is a mandatory procedure, and the absence of an employee cannot be considered absenteeism. But if the employee prescribed a medical examination for himself and did not bring a doctor’s certificate, then this can no longer be considered a valid reason.
If an employee refused to issue a sick leave or was undergoing a medical examination, he must provide a doctor’s certificate.
3. Illness of a child or other family member.
This fact must be confirmed by a doctor’s certificate or taken sick leave to care for the child.
4. Unexpected breakdown in utilities.
These reasons include a gas leak, a broken heating or water supply pipe, an electrical short circuit, or a fire.
5. Participation in government processes.
The reason for absenteeism is considered valid if the employee is in court on a subpoena, for example, as a plaintiff, witness, juror or representative of the election commission. According to Art. 46 of the Constitution of the Russian Federation, such a reason is considered valid, because a person has the right to personal participation in court.
6. Delay of salary.
Delay in salary payments for more than 15 days can also be a valid reason. An employee has the right not to go to work, but must notify the employer in writing. According to Part 2 of Art. 142 of the Labor Code of the Russian Federation, absence may continue until at least part of the salary is paid.
Reasons for absenteeism caused by external factors
The circumstances for absenteeism may not be related to personal reasons. Anything that can be classified as a force majeure situation justifies a person’s absence from work for 4 hours or more.
Force majeure situations:
- Elevator breakdown in a building - an employee got stuck in the elevator and was unable to come to work.
- Road traffic accident.
- Transport malfunction if it is not possible to transfer to another bus, trolleybus, etc.
- Natural obstacles (flood, ice, strong gusts of wind).
- Epidemiological situation in the locality and mandatory vaccination.
- Flight delay, which creates barriers to timely return home from vacation, business trip or other trip.
- Lack of tickets at the ticket offices of any road, water or air services.
If the employee has confirmation that the absence was due to serious circumstances, then you cannot fire him.
Reasons for absenteeism that are known in advance
Sometimes the reason for absenteeism may be other circumstances that arose the day before or were known in advance. Such reasons include a wedding, the birth of a child, or the death of a close relative.
The employee also has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism. But the employee is obliged to warn the manager about these circumstances in writing; if this is not possible, then you can simply call. According to Art. 128 of the Labor Code of the Russian Federation, the period of absence from work cannot exceed 5 days.
An employee has the right to receive additional days off, which are not paid by the employer and cannot be considered absenteeism.
Absenteeism does not always happen at the will of the employee. Sometimes a person is forced to stay late or not come to work at all due to unforeseen circumstances. But if there is a justification for absenteeism and it is valid, then you do not have the right to exceed your authority and deprive the employee of work. Before issuing a dismissal order for absenteeism, give the subordinate the opportunity to justify himself.
When a no-show becomes a truancy
The law considers 2 categories of failure to appear, depending on the individual's specific circumstances.
1The first category is absence from work without a good reason, when nothing prevented the employee from appearing at work, but he ignored the obligations under the employment contract and was negligent in his assigned duties. If absence from work exceeded a 4-hour interval, and the employee was unable to provide convincing evidence that the absence was agreed upon by law or management itself, they speak of absenteeism. Absenteeism without a good reason is a reason to impose penalties on the offender (reprimand, severe reprimand, dismissal under the article). 2The second category is interesting because missing a working day will not have negative consequences, since it is agreed upon by law. If a person was physically unable to attend and fulfill work obligations, if there was a valid reason for not showing up for work, the employee is not considered a truant.
Sometimes a misunderstanding arises between the parties to the employment relationship, and management orders the employee to be fired. A person who disagrees with the opinion of the administration has the right to challenge such a decision and be restored to his previous place by appealing to the court.
