List of valid reasons for absence from work. What is absenteeism under the Labor Code of the Russian Federation? Reasons for absenteeism caused by external factors

Absenteeism is considered to be the absence of an employee from the workplace for more than 4 hours or the entire working day (shift) without confirmation of a valid reason (clause 6, paragraph “a” of Article 81 of the Labor Code of the Russian Federation).

Valid reasons can be divided into groups:

personal reasons;
force majeure;
documented permission from the employer.

Valid reasons for personal absenteeism

There are a huge number of life circumstances, and not all of them are valid. Let's look at some of them.

Disease. An employee may be absent from work in case of illness. Usually an employee has a sick leave certificate, but sometimes he can refuse this in order to maintain his salary. Then the employee must provide a doctor's certificate indicating the date of the appointment. A similar situation is that in case of illness of a child or another family member, you need to provide a doctor’s certificate or take sick leave to care for the child.

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

Accident. Unexpected breakdowns in the utility sector include gas leaks, breakdowns of common building equipment, accidents, electrical short circuits, fires, etc.

Court. Participation in government processes will also be a valid 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 is 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 delayed amount is paid, 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 bodies and organizations of the Armed Forces of the Russian Federation, by civil servants and in other cases (Article 142 of the Labor Code of the Russian Federation).

Force majeure situations

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

Epidemiological situation, natural obstacles: flooding, ice and others also make it difficult for an employee to go to the workplace.

In this case, 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 Emergency Situations, the media or transport services will do. Then they will be valid reasons.

Documented permission from the employer

Sometimes the reasons for missing a day of work 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 has the right 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, registration of marriage, death of close relatives, the period for granting leave is set at 5 calendar days. For other family circumstances and valid 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 an employee is absent from the workplace for a valid reason, it must be confirmed. In the absence of a valid 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 of the 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 employee’s absence certificate, data from electronic systems for the arrival and departure of employees, and testimony of witnesses. For an employee, this is a sick leave certificate, documents about an accident drawn up by a police officer, an apartment flood report and other documents.

If the employee does not provide evidence, the decision remains with the employer. For example, in the case of an illness of an employee who did not go to a medical facility 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 absence by telephone, orally or in another way, if possible, documenting a valid reason for absenteeism (a summons, a document from a medical institution, etc.). Documentary evidence is more reliable and will help the employer make an informed decision, or cancel the imposed penalty for failure to appear.

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According to labor legislation, absenteeism is the absence of an employee from the workplace without good reason during the entire working day. The employer has the right to apply disciplinary standards if 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 absence from work without any serious reasons, for which the employee will face disciplinary action in the form of dismissal.

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

Absence of an employee from the workplace during the entire working day without any notice or without good reason. There are no specific valid reasons for absenteeism, however, employers are given the right to determine valid reasons for absenteeism independently in the local regulations of the enterprise, as well as in the collective labor agreement. The assessment of the justifiability of an employee’s absence from 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 an enterprise from the workplace for more than four hours in a row, unless such behavior of the employee is justified by the execution of instructions from 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 is not allowed in this case.
Unauthorized departure from the workplace or absence from work when an employee of the enterprise submits a resignation letter. Even if the employee has written 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 management, unless otherwise established by local regulations of the enterprise, or the employee is a pensioner.
Absenteeism of an employee of an enterprise who was employed under a fixed-term employment contract before the expiration of the employment contract. Absenteeism is also considered refusal to fulfill labor obligations when submitting an application for dismissal under a fixed-term employment contract, if the deadline for filing the application is violated and does not comply with the notification norm 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 an employee’s refusal to go to work without good reason, except in cases where providing 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 respect and seriousness” of the grounds for an employee’s absence from the workplace.

Truancy can be divided into two large groups, which include:

Valid reasons for absence from work. This list includes the most serious reasons that do not allow dismissing an employee for absenteeism.
Unexcused reasons for absence from work. Most often, these include simple absences without reason, if the employee simply did not want to go to work.

We must not forget that if an 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 the employee’s absence is not permitted. If for some reason the employer did not heed the employee’s arguments 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, the employee is forcibly returned to the workplace, and compensation is also paid for forced days of absence in the amount of the average daily earnings.

Personal

The most common reasons for absenteeism are considered to be personal reasons that did not allow an employee of the organization to go to work at the appointed time. Usually, when such situations arise, everything is reported to the management of the enterprise, but if there is no opportunity to call or write a message to the manager, the employee does not face any additional sanctions.

The most common personal reasons for employee absence from the workplace include:

Injury or illness. When visiting a clinic or calling an ambulance, the employee is given a certificate or an appointment sheet indicating the date of the doctor’s visit or the emergency call. In this case, this document is filed with the employee’s file, and dismissal for absenteeism is not allowed.
Passing a medical examination - medical examination. For many organizations, especially in the catering industry, having a medical record and passing a medical examination is a prerequisite for working. If visiting doctors is a necessary measure, then the absence of an employee from the workplace is not absenteeism.
Illness of a child or other family member who requires outside care during illness. In this case, the employer is provided with a doctor’s certificate or sick leave for child care.
The occurrence of a technical malfunction in the gas, water and heat supply system, as well as physical breakdown of the door lock in the employee’s apartment. If for some reason there is a breakdown or fire in a residential or other premises owned by an employee, then failure to show up for work is a valid reason, since it is necessary to call special services. To confirm the authenticity of this reason for absence from work, a receipt for payment for services to replace a door lock or call a plumber, as well as information about a fire, if one, can serve.
An employee's participation in government matters, such as testifying to a law enforcement officer or testifying in court. In this case, if possible, the employer is informed in advance about the need to visit government services, and is also provided with a summons or other document.
Long-term non-payment of wages. If payments are delayed by more than 15 days, the employee has the right to refuse to work, but with mandatory written notification to the employer. Refusal to work may last until full or partial payment of wages; 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 reasons are not the only reasons for an employee’s absence from work; in addition to them, there are so-called force majeure circumstances that do not depend on the employee in any way.

The following situations can be considered force majeure:

a malfunction of the elevator in a residential apartment building, which occurred 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 impossibility of using other ways to get to work - 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 high level of infection in the event of a confirmed epidemic of the disease;
plane delays if the employee is in another city, which may result in being late for work, etc.

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

How to register absenteeism for a good reason

Registration of absenteeism for a good reason occurs in almost the same way as registration of absenteeism for unexcused reasons, with the exception of the last point - bringing the employee to disciplinary liability. If a fact of absenteeism is detected, an absence from work report is drawn up in relation to the employee. After drawing up this document, the employee is given a short amount of time to provide an explanatory note.

The explanatory note indicates the reason for absenteeism, and also attaches physical evidence of the valid reason for absence from work. 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 absence from work, then the employer has the right to take any disciplinary measures against the employee. It is noted that dismissal is not a mandatory attribute of absenteeism. The head of an enterprise can choose what measure of influence to apply to an employee of the organization. The report card contains a standard designation for absenteeism, regardless of the degree of respect for it - “PR”.

Pay for absenteeism for a valid reason

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

Absenteeism for a valid or unexcused reason is not paid, as is, for example, leave without pay. 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 why you shouldn't skip

There are no unexcused reasons for absence from work, but conventionally such reasons can be considered all circumstances that do not physically interfere with the performance of work, 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;
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, etc.

Unexcusable 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 against an employee of the enterprise in the event of his 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 reprimand given for a minor offense, such as being late;
a reprimand given for a more serious violation of labor regulations, for example, failure to submit a report on the work done;
dismissal, which is applied in the event of a serious violation of labor regulations, in particular for absenteeism or showing up at work in a state of alcohol or drug intoxication.

The legislation does not provide for other measures of influence. At the same time, employers very often use a bonus deduction procedure, which involves the complete or partial deprivation of bonus payments to the employee.

Explanatory note for absenteeism without good reason

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

The employer is obliged to request an explanatory note from the employee, but is not required to receive it. If the employee refuses to draw up a document, the employer has the right to apply sanctions in full without long waits.

The main sign of absenteeism

I often come across a situation where an employee asks to “take a rest” for a couple of days without filling out a sick leave certificate. And our manager often goes along with it if the employee is conscientious and responsible. After all, this is beneficial not only for the business, but also for the employee - he is paid a salary for these days, and not a penny allowance.
But it also happens differently. The employee is first absent for two days, and then states that he was sick, but decided not to go to the clinic and was treated himself. In this case, the manager has a justified desire to fire 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 from 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 an employee can confirm with medical documents that he is not feeling well, 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 the walk

What documents can confirm the fact of illness?

The absence of a certificate of incapacity for work only means that the employee is not entitled to receive sick leave benefits. But the absence of a sick leave certificate is not proof of absenteeism, since other documents can serve as evidence of illness:

doctor's testimony,
extracts from the medical card,
certificates that all medical institutions are required to issue to citizens who seek medical help if they ask for such a certificate.

(Examples of recent years: Appeal ruling of the Altai Regional Court dated 04/22/2015 in case No. 33-3396/2015, Appeal ruling of the Sverdlovsk Regional Court dated 09/10/2015 in case No. 33-12660/2015).

Practical work

Example 1.
The employee did not show up for work. She explained her absence by saying that she had a toothache, and in the morning she immediately went to treat it. To confirm 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 extract.

Example 2.
The employee felt unwell in the morning and did not go to work. The next day, he finally asked for help, and the doctor issued a certificate of incapacity for work. How to assess the reason for absence on the first day? You probably already guessed that the reason for absence on the first day should be considered valid. The court almost always recognizes that the presence of a sick leave certificate already indicates that the employee was ill 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 saying that her child was ill; she called a doctor to her home, but the doctor did not issue a certificate of incapacity for work. In your opinion, is the reason for absence valid?
Don't rush to say: yes! This will depend on whether the employee is able to document the fact of the child’s illness. Having one unfounded explanation is not enough - you need documents: a doctor’s certificate or an extract from the child’s medical record.

You can find an analysis of other reasons for an employee’s absence in the book “A Detailed Guide to Dismissal for Absenteeism.” You can read a fragment of the book.

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

Consequences of missing a court hearing

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

One of the unpleasant consequences of failing to appear in court may be that the case will be heard in your absence. As a result, it is impossible to defend your position, provide evidence (civil proceedings), and as a result, the decision is not in your favor. Moreover, if the reason for failure to appear was not valid, then an appeal to a higher authority will not help in this case.

Valid reasons for failure to appear in court

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

An analysis of judicial practice allows us to conclude that, of course, a valid reason for failure to appear at a court hearing is the illness of the citizen himself or one of his relatives, if there is no one else to provide care. Also valid will be the reason for the inability to appear in court due to objective circumstances beyond the control of the person. These are all kinds of weather, transport, man-made accidents and disasters, as a result of which it becomes difficult or impossible to cover the distance from home to the courthouse. Of course, if you live near the court, then, for example, the judge is unlikely to consider snow drifts a valid reason.

An objective good reason will be late notification of the time and place of the court hearing. In this case, if the court does not have information about your proper notification, the hearing will certainly be postponed.

The practice of recognizing as a valid reason the need to leave somewhere on the same day or days on which the trial 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 (vacation is not a valid reason).