Reasons
An employee has the right to resign of his own free will without giving reasons, giving 2 weeks notice. And an entrepreneur has the right to part with employees only using the reasons established by law for dismissing an employee at the initiative of the employer:
- inadequacy for the position held;
- staff reduction;
- liquidation of a legal entity or individual entrepreneur;
- change of business owner;
- repeated disciplinary sanctions - the employee’s fault;
- gross violation of labor duties: absenteeism, drunkenness, disclosure of secrets, theft, conflict of interest.
The manager has the right to dismiss all employees on these grounds, excluding those who cannot be dismissed at the initiative of the employer by law. Such persons include:
- those who are on temporary disability;
- those who are on leave (regular, extraordinary, child care).
Important! This prohibition does not apply to the liquidation of a company.
Due to a reduction or inadequacy of a position, the Labor Code allows the dismissal of an employee at the initiative of the employer only if the employee was offered other vacant positions, but he refused them in writing.
The first step is to understand the reason for the absence
If an employee has not been at work for more than four hours or the entire shift without a good reason, this is absenteeism. There is an article for dismissal in the Labor Code for absenteeism. But the point is that it is not written anywhere which reasons are considered valid and which are not.
The employer will have to assess by eye whether the employee could come to work. The cat fell out of the window and broke its paw - is this a good reason? What if the wife left with the keys to the apartment, and the employee remained locked inside? There are no answers or criteria in the law.
If an employee decides that he was fired unfairly, he will go to court. The judges will once again evaluate the reason for absence. If the reason is considered valid, the dismissal will be cancelled. The employer will be forced to pay wages for all months after dismissal and until the end of the trial. This is the position of the Constitutional Court from Determination No. 381-O.
The employer will also have to prove in court that the employee was absent and not sick or stuck on the road - clause 38 of Plenum Resolution No. 2.
It turns out that an employer always takes a risk when firing an employee for absenteeism.
