List of valid reasons for absence from work. What is a walk in the Labor Code of the Russian Federation? Reasons for absenteeism provoked by an external factor

Absence of an employee at the workplace for more than 4 hours or the entire working day (shift) without confirmation of a good reason is considered absenteeism (clause 6, paragraph "a" of Article 81 of the Labor Code of the Russian Federation).

Good reasons can be divided into groups:

personal reasons;
force majeure circumstances;
documented permission of the employer.

Valid reasons for absenteeism of a personal nature

There are a lot of life circumstances, and not all of them are valid. Let's analyze some of them.

Disease. An employee may be absent from the workplace in case of illness. Usually, an employee takes a sick leave, but sometimes he can refuse this to save his salary. Then the employee must provide a certificate from the doctor indicating the date of admission. A similar situation, in case of illness of a child or other family member, you need to provide a certificate from a doctor or take a sick leave to care for the child.

Body check at some enterprises - a mandatory procedure under an employment contract (Article 213 of the Labor Code of the Russian Federation). If the employee did not pass it on his own initiative and brought a certificate from the doctor, then the absence is not absenteeism and is considered a good reason. In addition, on the day of the medical examination, as well as blood donation, the employer is obliged not only to release the employee from work, but also to provide an additional day of rest and pay average earnings for these days (Article 186 of the Labor Code of the Russian Federation).

Accident. Unexpected breakdowns in the utility sector include a gas leak, a breakdown of common house equipment, an accident, a power outage, a fire, and so on.

Court. Participation in state processes will also be a good reason: for example, if an employee is in court as a plaintiff or witness, represents an election commission or participates in a strike (Article 414 of the Labor Code of the Russian Federation). In addition, the state body or public association that involved the employee in this activity must pay compensation to the employee for the time he was absent from the workplace (Article 170 of the Labor Code of the Russian Federation).

Non-payment of wages. If the employer delays wages for more than 15 days, the employee has the right to suspend work until the payment of the delayed amount, notifying the employer in writing in advance. However, it is impossible to suspend work during a period of martial law, a state of emergency, in the bodies and organizations of the Armed Forces of the Russian Federation, civil servants and in other cases (Article 142 of the Labor Code of the Russian Federation).

Force majeure situations

traffic accident or malfunction of transport are valid reasons if, in the event of a malfunction of public transport, it is impossible to get to the workplace by other transport. This also includes a flight delay when returning from a business trip, vacation or other trip.

Epidemiological situation, obstacles of a natural nature: flood, ice and others - also make it difficult for an employee to enter the workplace.

At the same time, the employee needs to confirm that this circumstance occurred for serious reasons that arose unexpectedly, regardless of the employee. A link to messages from the Ministry of Emergencies, the media or transport services will do. Then they will be good reasons.

Documented permission of the employer

Sometimes the reasons for missing a working day are known in advance: for example, a wedding, the birth of a child, an examination session in educational institutions, and other reasons. In such cases, the employee is entitled to additional unpaid days off, which are not considered absenteeism. To do this, the employee warns the employer in writing or by telephone. At the birth of a child, marriage registration, death of close relatives, the term for granting leave is set at 5 calendar days. For other family circumstances and good reasons, leave is granted by agreement between the employee and the employer (Article 128 of the Labor Code of the Russian Federation).

How to justify the reason for absenteeism

If the employee is absent from the workplace for a good reason, it must be confirmed. In the absence of a good reason, failure to appear will be recognized as absenteeism, which entails dismissal (Article 81 of the Labor Code of the Russian Federation) or the imposition of a disciplinary sanction on the employee.

Art. 56 Code of Civil Procedure of the Russian Federation states: "Each party must prove the circumstances to which it refers." That is, the employee must prove that he was absent for a good reason, and the employer, for his part, must prove the very fact of the employee's absence. For an employer, such evidence may be an act of absence of an employee, data from electronic systems for the arrival and departure of employees, and testimonies of witnesses. For an employee, this is a sick leave, documents about an accident drawn up by a police officer, an act on the flooding of an apartment and other documents.

If the employee fails to provide proof, the decision rests with the employer. For example, in the case of illness of an employee who did not go to a medical institution and does not have documentary evidence, recognition will depend on the decision of the employer, the reputation of the employee and the degree of trust in him by management.

The employee must inform the employer about his absenteeism by phone, orally or in another way, if possible, confirming the documented good reason for absenteeism (summon, document from a medical institution, etc.). Documentary evidence is more reliable and will help the employer make an informed decision, or cancel the penalty for non-attendance.

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According to labor law, absenteeism is the absence of an employee from the workplace without good reason throughout the working day. The employer's right to apply the norms of disciplinary action arises when the employee is absent from his workplace for more than four hours in a row.

The Labor Code of the Russian Federation establishes several types of work absence without any serious grounds, for which the employee is expected to be brought to disciplinary liability in the form of dismissal.

Within the framework of the Labor Code, absenteeism without good reason is recognized:

The absence of an employee from the workplace throughout the working day without any notice or without good reason. There are no specific good reasons for missing work, however, employers are given the right to determine the good reasons for absenteeism on their own in the local regulations of the enterprise, as well as in the collective labor agreement. The assessment of the respectfulness of the absence of an employee at work is carried out by the employer or a special commission, which decides to hold the employee accountable in the form of a reprimand or dismissal.
The absence of an employee of the enterprise at the workplace for more than four hours in a row, if such behavior of the employee is not justified by the execution of the instructions of the employer or the performance of his job duties. For example, if an employee is absent from the office due to the delivery of correspondence, then dismissal for absenteeism in this case is not allowed.
Unauthorized departure from the workplace or absence from work when an employee of the enterprise submits an application for dismissal. Even if the employee wrote a letter of resignation of his own free will, as a general rule, he is obliged to work for at least two weeks after submitting such a document to the management, unless otherwise established by local acts of the enterprise, or the employee is a pensioner.
Absenteeism of an employee of the enterprise who was employed under a fixed-term employment contract before the expiration of the employment contract. Also, absenteeism is considered a refusal to fulfill labor obligations when applying for dismissal under a fixed-term employment contract, if the deadline for filing an application is violated and does not comply with the norm of notifications established in the agreement.
Unauthorized use of vacation days or days off without notifying management and obtaining appropriate permission from the immediate superior.

Absenteeism is the refusal of an employee to go to work without good reason, except in cases where the provision of rest time at any time convenient for the employee is the direct responsibility of the employer.

good reasons

Despite the fact that there are no legally established reasons that are recognized as valid, employers have the right to independently determine the “limits of respectfulness and seriousness” of the reasons for the absence of an employee from the workplace.

Absenteeism can be divided into two broad groups, which include:

Valid reasons for absence from work. This list includes the most serious reasons that do not allow the dismissal of an employee for absenteeism.
Irrelevant reasons for absenteeism. Most often, these include simple absenteeism for no reason, if the employee simply did not want to go to work.

We must not forget that if the employee was absent from the workplace for less than four hours, then his absence is considered late. Only absence from work beyond the specified time can be considered absenteeism.

If there are valid reasons for absence from work, dismissal due to absenteeism of an employee is not allowed. If for some reason the employer did not heed the arguments of the employee and fired him anyway, then the citizen can go to court to restore all violated rights. Usually, as a result of a trial, in case of a truly illegal dismissal, an employee is returned to the workplace forcibly, and they are also paid compensation for forced days of absenteeism in the amount of the average daily wage.

Personal

The most common reasons for absenteeism are personal reasons that did not allow an employee of the organization to go to work at the set time. Usually, when such situations arise, everything is reported to the management of the enterprise, however, if it is not possible to call or write a message to the manager, the employee does not face any additional sanctions.

The most common personal reasons for the absence of employees in the workplace include:

Injury or illness. When contacting a polyclinic or calling an ambulance, an employee is issued a certificate or an admission sheet, which indicates the date of visiting a doctor or calling an ambulance. In this case, this document is filed with the employee's case, and dismissal for absenteeism is not allowed.
Passage of a medical examination - clinical examination. For many organizations, especially in the field of catering, the presence of a medical book and passing a medical examination is a prerequisite for the implementation of labor activity. If the passage of doctors is a necessary measure, then the absence of an employee at the workplace is not absenteeism.
Illness of a child or other family member who needs outside care during an illness. In this case, the employer is provided with a certificate from a doctor or sick leave for child care.
The occurrence of a technical malfunction in the gas, water and heat supply system, as well as a physical breakdown of the door lock in the employee’s apartment. If for some reason there was a breakdown or fire in a residential or other premises owned by an employee, then failure to appear at work is a good reason, since special services must be called. To confirm the reliability of this reason for absence from work, a receipt for payment for services to replace the door lock or call a plumber, as well as information about the fire, if any, can serve.
Employee participation in public affairs, such as testifying to a law enforcement officer or testifying in court. In this case, if possible, the employer is informed in advance of the need to visit government services, and a summons or other document is provided.
Prolonged non-payment of wages. If payments are delayed by more than 15 days, the employee has the right to refuse to work, but with a mandatory written notice to the employer. Refusal to work may last until the full or partial payment of wages, the dismissal of such an employee is not allowed.

In addition to personal reasons for absenteeism, there are other reasons that arise for reasons independent of the behavior and actions of the employee.

Due to circumstances beyond the employee's control

Personal grounds are not the only reasons why an employee of an enterprise does not go to work, in addition to them, there are also so-called force majeure circumstances that do not depend on the employee in any way.

Force majeure situations include the following:

an elevator malfunction in a residential apartment building that arose when an employee of the enterprise was about to go to work;
participation in a traffic accident, as well as giving evidence if an employee of the organization witnessed an accident;
malfunction of the vehicle, as well as the physical inability to use other ways to get to work - the lack of buses or the ability to call a taxi;
the occurrence of an emergency due to natural disasters - hurricane, flood, ice, fires, earthquakes, etc.;
the risk of an epidemic or a high level of infection, in the case of a confirmed epidemic of the disease;
aircraft delays if the employee is in another city, which may lead to being late for work, and so on.

An explanation of the reason for absenteeism due to the occurrence of force majeure circumstances is possible only in the case of documentary or other confirmation of the existence of such reasons. If the employee can confirm that he really did not show up for work due to weather conditions, then the dismissal of the employee is not allowed.

How to get absenteeism for a good reason

Registration of absenteeism for a good reason occurs in almost the same way as registration of absenteeism for disrespectful reasons, with the exception of the last point - bringing the employee to disciplinary responsibility. Upon detection of the fact of absenteeism in relation to the employee, an act of absence from the workplace is drawn up. After compiling this document, the employee is given a small amount of time to provide an explanatory note.

The explanatory note indicates the reason for absenteeism, and physical evidence of the validity of the reason for absence from work is attached to it. If the employer considers that the reason for absenteeism is valid, then no sanctions will be taken against the employee.

If the reason is not considered serious for the absence from work, then the employer has the right to apply any disciplinary measures against the employee. It is noted that dismissal is not a mandatory attribute of absenteeism. The head of the enterprise can choose which measure of influence to apply to the employee of the organization. The standard designation of absenteeism is affixed to the report card, regardless of the degree of its respectfulness - “PR”.

Compensation for absenteeism for a good reason

Payment for absenteeism for a good reason is not regulated, however, the employer has the opportunity to prescribe the possibility of paying for such a day in a collective labor agreement or other regulatory act of the enterprise.

Absenteeism for good or bad reasons is not paid, as is, for example, unpaid leave. However, the absence of an employee from work on the basis of serious circumstances prohibits the employer from bringing the employee to disciplinary liability.

Reasons not to walk

There are no disrespectful reasons for absence from work, however, conditionally such reasons can be considered all circumstances that do not physically interfere with the implementation of labor activity, but the employee independently decides not to attend work.

Examples of absenteeism for unexcused reasons are:

absence from work due to the alarm clock not ringing, as a result of which the employee overslept;
the state of alcoholic intoxication, as well as the consequences of alcoholic intoxication on the previous day, while the employee is prohibited from being at work in a state of alcoholic or drug intoxication;
unauthorized assignment of time off without notifying management, and so on.

Dishonest reasons for absence from work can be considered all reasons that are not valid.

Reprimand for absenteeism without good reason

The employer has the right to independently determine the measure of disciplinary action on the employee of the enterprise in case of absenteeism without sufficient grounds.

Art. 192 of the Labor Code of the Russian Federation establishes that the following types of disciplinary punishment may be imposed on an employee:

a remark that is assigned for a minor misconduct, such as being late;
a reprimand for a more serious violation of the work schedule, for example, failure to submit a progress report;
dismissal, which is applied in case of a serious violation of the work schedule, in particular for absenteeism or appearing at work in a state of alcohol or drug intoxication.

No other measures of influence are envisaged by the legislation. At the same time, employers very often apply the bonus deduction procedure, which involves the complete or partial deprivation of the employee of bonus payments.

Explanatory note for absenteeism without good reason

An explanatory note is drawn up on the basis of an act on the absence of an employee at the workplace for any time or the entire working day. The document indicates the actual reason for non-attendance at work, and also reflects information on documents confirming the reasons.

The employer is obliged to demand an explanatory note from the employee, but is not obliged to receive it without fail. If the employee refuses to draw up a document, then the employer has the right to apply measures of influence in full without long waiting times.

The main sign of truancy

I often come across a situation where an employee asks for a couple of days to “lie down” without issuing a sick leave. And our manager often meets halfway if the employee is conscientious and responsible. After all, this is beneficial not only for business, but also for the employee - he is paid a salary for these days, and not a penny allowance.
But it also happens differently. At first, the employee is absent for two days, and then he claims that he was ill, but decided not to go to the clinic, he was treated himself. In this case, the leader has a fair desire to dismiss him for absenteeism. And, perhaps, not so much for the absence itself, but for indifference to the affairs of the company.

As we know, one of the signs of absenteeism is the absence of an employee at the workplace. without good reason. Will feeling unwell be a valid reason to justify absence?
It must be said that judicial practice evaluates such situations uniformly:

if the employee can confirm with medical documents that he is feeling unwell, then the reason must be considered valid,
If there are no supporting documents, then there is no good reason either.

By the way, I already wrote about absenteeism

What documents can confirm the fact of the disease?

The absence of a sick leave certificate only means that the employee is not eligible for sick leave. But the absence of a sick leave is not proof of absenteeism, since other documents can also serve as evidence of the disease:

doctor's testimony,
extracts from the medical card,
certificates that all medical institutions are required to issue to citizens who have applied for medical care, if they asked for such a certificate.

(Examples of recent years: Appeal ruling of the Altai Regional Court dated April 22, 2015 in case No. 33-3396/2015, Appeal ruling of the Sverdlovsk Regional Court dated September 10, 2015 in case No. 33-12660/2015).

Practical work

Example 1
The employee did not show up for work. She explained her absence by the fact that she had a toothache, and in the morning she immediately went to treat him. In support of her words, she brought an extract from the outpatient card, from which it is clear that she went to the clinic with acute pain, and she was provided with medical assistance. The dentist did not issue a certificate of incapacity for work. Was there a good reason?
Yes, this is confirmed by the statement.

Example 2
The employee felt unwell in the morning and did not go to work. The next day, he nevertheless asked for help, and the doctor issued a certificate of incapacity for work. How to evaluate the reason for the absence on the first day? Probably, you yourself have already guessed that the reason for the absence on the first day should be considered valid. The court almost always recognizes that the presence of a sick leave already, as it were, indicates that the employee was unwell the day before (although in reality this is not always true).

Example 3
The employee was absent from work all day. She explained her absence by the fact that her child fell ill, she called the doctor to the house, but the doctor did not issue a certificate of incapacity for work. Do you think the reason for the absence is justified?
Do not rush to say yes! This will depend on whether the employee will be able to confirm the fact of the child’s illness with documents. The presence of one unfounded explanation is not enough - documents are needed: a certificate from a doctor or an extract from the child's medical record.

You can find an analysis of other reasons for the absence of an employee in the book "Detailed Guide to Dismissal for Absence". A fragment of the book can be read.

Good reasons for not appearing in courtIt is quite difficult for a person who does not have a legal education to determine. Faced with the judicial system, every citizen who does not understand the legal intricacies is afraid of doing something wrong. For what reasons, without harm to yourself, you can skip a court session, we will consider in this article.

Consequences of missing a hearing

The consequences of missing a court session depend on the case in which it is being held (criminal, administrative, civil proceedings) and in which capacity you participate in this session.

One of the unpleasant consequences of not appearing in court can be that the case is heard in your absence. As a result - the inability to defend one's position, provide evidence (civil proceedings), and as a result - the decision is not in your favor. Moreover, if the reason for the absence was disrespectful, then an appeal to a higher authority in this case will not help.

Good reasons for not appearing in court

So, what are the reasons for missing a court session can be considered valid? The current legislation does not give a clear answer to this question, however, it contains a requirement to notify the court of the reasons for the failure to appear and to provide evidence of the validity of these reasons (Article 167 of the Civil Procedure Code of the Russian Federation). And it will be up to the judge to decide whether your reasons are valid.

An analysis of judicial practice allows us to conclude that, of course, a valid reason for not appearing at a court session is the illness of the citizen himself or one of his relatives, if there is no one else to take care of it. The reason for the impossibility to appear in court due to objective circumstances beyond the control of the person will also be valid. These are all kinds of weather, transport, man-made accidents and disasters, as a result of which it becomes difficult or impossible to overcome the distance from home to the courthouse. Of course, if you live near the court, then, for example, the judge is unlikely to consider snowdrifts as a good reason.

An objective good reason will be untimely notification of the time and place of the court session. In this case, if the court does not have data on your proper notice, the meeting will definitely be adjourned.

The practice of recognizing as a valid reason the need to leave somewhere on the same day or days on which the court hearing of the case is scheduled is ambiguous. Here it will be of great importance where exactly you need to go (within the country or abroad) and, most importantly, why (rest is a disrespectful reason).