List of valid reasons for absence from work. What letters should be used to indicate an employee’s absence from work for a valid reason on a timesheet? Unexcused reasons for absenteeism

The article will help you understand that dismissing an employee for absenteeism is a disciplinary measure; there is an article for absenteeism in the Labor Code of the Russian Federation. How to fire someone from your job to avoid litigation.

As you know, absenteeism is a violation of the Labor Code of the Russian Federation. Therefore, dismissal for absenteeism is an employer’s measure, a disciplinary sanction that must be applied in strict accordance with the requirements of the Labor Code of the Russian Federation in order to avoid litigation.

What is considered truancy?

Absenteeism is the absence of an employee from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as absence from the workplace without good reason. more than four hours straight during the working day (shift) (clause “a”, clause 6).

Absenteeism is the absence of an employee from the workplace without good reason. What should be understood by unexcused reason for absence in the workplace, not established in the Labor Code of the Russian Federation. Therefore, the employer assesses the validity of the reason for the employee’s absence from the workplace based on its discretion.

Note: But this discretion is not unlimited.

In addition, the following situations are considered absenteeism:

• the employee did not warn the employer in advance about the early termination of the contract, about dismissal at his own request (Article 280, Part 1 of Article 292, Part 1 of Article 296, Part 1 of Article 80 of the Labor Code of the Russian Federation);
• the employee used his days off without permission;
• The employee voluntarily went on vacation (main, additional).

Unexcusable reason for absence from work?

As the Constitutional Court of the Russian Federation indicated in its Determination No. 381-O dated October 17, 2006, the absence of a list of “disrespectful reasons” in the Labor Code of the Russian Federation cannot in itself be considered as a violation of the constitutional rights of citizens. The Constitutional Court of the Russian Federation explains this by the fact that, when carrying out a judicial review of an employer’s decision, the court does not act arbitrarily, but proceeds from the general principles of legal, and therefore disciplinary liability (in particular, fairness, proportionality, legality) and evaluates the entire set of specific circumstances of the case , including checking and assessing the circumstances and motives for the employee’s absence from work, the employee’s previous behavior, his attitude towards work, etc.

Therefore, when assessing the reasons for an employee’s absence from the workplace, the employer must act reasonably and competently. The employer must establish a disciplinary sanction in proportion to the offense, taking into account the employee’s previous behavior, in particular his previous disciplinary action

Note: Determination of the Armed Forces of the Russian Federation dated March 30, 2012 No. 69-B12-1

An employee can be fired for absenteeism only if it turns out that there were no valid reasons for the absence

If an employee does not come to work and his phones are not answered, his absence cannot be considered absenteeism. Until the manager finds out why the employee does not come to work. It is possible to bring an employee to disciplinary liability only when it is clear that the employee missed work without a good reason.

If, after the employee returns to work, it turns out that he was sick or, say, caring for a sick relative, he needs to be “rehabilitated.” The time he is absent will not be considered absenteeism.

Note: Labor legislation does not oblige employees to notify management in advance of absence for valid reasons. Yes, this is not always possible.

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A valid reason for absence from work?

In addition, it is advisable for the employer to take into account the law enforcement practice of the courts on this issue. For example, the court recognizes as valid reasons for absence from work:

• calling an employee on a subpoena to the internal affairs authorities, for example for an interview
  

  Note: Determination of the RF Armed Forces dated April 30, 2010 No. 6-B10-1

• summoning an employee under a subpoena, for example, to participate in a trial
  

  Note: Determination of the Moscow Regional Court dated August 31, 2010 No. 33-15193

• temporary disability, confirmed by an extract from the inpatient card in the absence of a certificate of incapacity for work
  

  Note: Determination of the Moscow City Court dated August 10, 2010 No. 33-23831

When assessing the actions of an employee, it is important to know that the employee’s use of rest days is not considered absenteeism if the employer, in violation of the statutory obligation, refused to provide them, and the time the employee used such days did not depend on the discretion of the employer.

Other RESPECTIVE reasons for an employee’s absence from the workplace

The legislation does not establish a specific list of valid reasons why an employee may be absent from work. Therefore, the employer must decide whether the reason for absence from work is valid.

For this the manager demands a written explanation from the employee.

In practice, valid reasons can be considered disruptions to public transport, calls to law enforcement agencies and the court, illness etc.

True, a written explanation in itself does not prove the fact that the employee was absent from work for a good reason. Besides this paper, the employee must provide additional documents. For example, a certificate from a transport organization, a summons or a sick leave certificate.

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PROCEDURE for dismissal for absenteeism

Absenteeism is grounds for termination of an employment contract at the initiative of the employer (clause “a”, clause 6, article 81 of the Labor Code of the Russian Federation). Before terminating an employment contract, the employer must follow a certain procedure.

The fact of absenteeism must be documented. In this regard, you can:

Time sheet

Record the fact that the employee is absent from work in the time sheet.

If the reason for the employee’s absence from the workplace is unknown, enter the letter code “NN” in the work time sheet in form No. T-12 or No. T-13. If in the future the employee submits documents confirming illness, or the fact of absenteeism is recognized, the report card must be clarified. In it, correct the letter code “NN” to code “B” - temporary disability (illness) or “PR” - absenteeism (absence from work without good reason). Symbols of appearances and absences are given on the title side of the report card in form No. T-12, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

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Certificate of absence from work

To record the absence of an employee from the workplace without good reason for more than four consecutive hours during the working day. If the work shift lasts less, then absenteeism is considered absence from work during the entire shift.

Upon establishment of absenteeism, the employer draws up an act, the unified form of which is not in the legislation. Therefore, this act is drawn up in any form. Nevertheless, it is advisable to indicate in the act:

• Title of the document;
• date, place and time of its preparation;
• surname, name, patronymic and position of the person drawing up the act.
  

  Note: This may be the head of a structural unit or organization. This act is signed by the manager, and can be additionally signed by the head of the human resources department, as well as witnesses, who can be employees of the organization;

• the circumstances in connection with which the act is drawn up;
• last name, first name, patronymic and position of the employee;
• date and duration of absence from work.

Note: It is advisable to draw up this act on the day of absenteeism.

The form of the act is arbitrary. As a rule, it is compiled by the immediate supervisor of the absent employee. The report can be drawn up within a month from the moment truancy is detected. But it is best to draw it up after the fact, that is, on the day the employee is absent from work. If an employee is absent for a long time (several days in a row), it is safer to draw up a report for each day of his absence.

Draw up the act in the presence of two or more witnesses. If the employment contract or local document of the organization (order, schedule, etc.) does not stipulate the specific place of work of the employee, then this is considered to be the place where the employee should be or where he needs to arrive in connection with his work. This territory must be under the direct or indirect control of the employer.

Indicate the exact time the employee is absent from work. An employee can be fired for absenteeism only if he was absent from the workplace without good reason:

• more than four hours in a row during a working day (shift);
• throughout the entire working day (shift), regardless of its duration

Indicate how the employee explains the reason for his absence. Dismissal is allowed only for absenteeism for unjustified reasons. If an employee refuses to give an explanation, draw up a separate report about this

Familiarize the employee with the act and sign it. If an employee refuses to sign the acquaintance, draw up a separate report about this

Download the Employee Absence from Work Report
(to confirm the fact of absenteeism), Word 56 Kb

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Employee Notification

If an employee is absent from work for a long period of time, send a notification letter to his home address. In the notice, ask him to report to work and explain the reasons for his absence. The letter must be registered with acknowledgment of delivery. It must be completed on the organization’s letterhead. In the letter, indicate the period within which the employee will have to respond (two weeks is enough). After the email notification is returned, you need to wait for a response. If the response does not arrive within the specified period, and the employee does not appear, draw up a statement of lack of explanation signed by two or more witnesses.

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Written explanation from the employee

As soon as the employee shows up for work, you must ask him for a written explanation of the reasons for his absence.

An explanatory note is required to understand the employee’s reasons for being absent from the workplace. Its employee draws up personally in any written form

In the note, the employee should indicate in detail the reasons why he was absent from the workplace. This is necessary so that the employer can establish with the greatest objectivity the nature of these reasons: valid or disrespectful. The law does not provide a list of valid reasons, so in each specific case the employer decides this issue at his own discretion.

The employee must submit his written explanations within two working days from the moment the employer requests them. If after the specified period the employee does not provide an explanation, draw up a report about this in the presence of two or more witnesses

Dismissal for absenteeism is also a disciplinary measure. Therefore, it must be carried out according to the rules of the Labor Code of the Russian Federation. After two working days, the employee has not given an explanation, draw up a report about this in the presence of two or more witnesses. This procedure is provided for in parts 1 and 2 of Article 193 of the Labor Code of the Russian Federation and is explained in the letter of Rostrud dated October 31, 2007 No. 4415-6.

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Order of dismissal

When all evidence of the employee’s absenteeism has been collected, issue a dismissal order. When drawing up an order, the organization can, at its own choice:

• use the unified form No. T-8, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1;
• apply an independently developed form approved by the head (the form must contain all the mandatory details from Part 2 of Article 9 of the Law of December 6, 2011 No. 402-FZ).

Note: Part 4 of the Law of December 6, 2011 No. 402-FZ, letter of Rostrud of February 14, 2013 No. PG/1487-6-1

Within three working days after approval of the order, the employee must be familiarized with it against signature. If an employee refuses to sign a dismissal order, draw up a statement of refusal in any form.

After issuing the order, make an entry about the dismissal in the employee’s work book: “Dismissed due to absenteeism, subparagraph “a” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation.” Indicate the serial number of the record and the date of dismissal of the employee for absenteeism.

In the entry, indicate that the employee is being dismissed for a one-time gross violation of work duties, and specify the violation itself - absenteeism. In addition, provide a link to the article of the Labor Code of the Russian Federation, which was the basis for dismissal (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation)

Certify the entry made with the seal of the organization and two signatures:

• the person responsible for maintaining work records in the organization;
• employee

Make an entry based on the employee’s dismissal order, indicating the date and number of this order.

Note: See an example of an entry in the work book about dismissal for absenteeism

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Violation of the dismissal procedure

For violation of the dismissal procedure for absenteeism, the court may decide to reinstate the employee at work. This can happen even if the absence from work was due to an unexcused reason.

1. 
   After surgery, the employee requires light labor that the employer cannot provide. What should I do? Is it possible to be fired for health reasons?
2. 
   If an employee wants to resign of his own free will, then he must write a statement no later than two weeks in advance, possibly without work.

"Human Resources Department of a Budgetary Institution", 2010, N 7

Question: Subparagraph “a”, paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation establishes that absenteeism is the absence of an employee from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day ( shifts). In this regard, a number of questions arise. What reasons are valid? Is there a normative list of them? Is it possible for employers to abuse certain reasons as disrespectful and, as a consequence, illegally dismiss an employee?

Answer: Neither the Labor Code of the Russian Federation nor any other legal act contains a list of valid reasons for absence from work. The Determination of the Constitutional Court of the Russian Federation dated October 17, 2006 N 381-O states that the absence of such a list enshrined in legal acts does not violate the constitutional rights of citizens, since Art. 193 of the Labor Code of the Russian Federation has approved a number of provisions aimed at ensuring an objective assessment of the actual circumstances that served as the basis for dismissal and preventing the unjustified application of disciplinary sanctions (requiring an explanation from the employee in writing; applying a disciplinary sanction no later than one month from the date of discovery of the misconduct, not counting the time illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the employee of the representative body of employees; the possibility of appealing a disciplinary sanction to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes).

Despite the fact that the employer in each case independently decides the issue of recognizing a specific reason for an employee’s absence from work as valid or disrespectful, his decision can be verified in court. In these cases, the court evaluates the entire set of specific circumstances of the case, including checking and assessing the circumstances and motives for the employee’s absence from work, the employee’s previous behavior, his attitude towards work, etc.

The concept of valid reasons is used more than once in the Labor Code of the Russian Federation. For example, in Art. 392 states: the period for applying to court for resolution of an individual labor dispute is one and three months (depending on the subject of the dispute). This deadline can be restored if it was missed for valid reasons. Among the valid reasons for this, paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” names the illness of the plaintiff, his being on a business trip, the inability to go to court due to force majeure, the need caring for seriously ill family members. The list can be used as a basis when determining the validity of the reasons for absence from work. Note that it is open, that is, the employer in each case will independently determine the validity of the reasons for the employee’s absence from work. If an employee believes that his labor rights have been violated, he can file a claim in court. In this case, as mentioned above, the employer’s decision to recognize the reason for the employee’s absence from work as unexcused will be verified in court.

K. V. Shestakova

Journal expert

"Human Resources Department

Budgetary institution"

Signed for seal

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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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).

For workers and employers, valid reasons for not showing up for work are often unknown, which leads to some mutual misunderstanding and can subsequently lead to a protracted dispute and litigation. This is due to the fact that valid reasons for failure to appear under the Labor Code are indicated extremely vaguely. However, below you can familiarize yourself with the list of valid reasons for absence from work, which will help both employees and HR officers, managers and employers to avoid problems associated with possible absenteeism.

Valid reasons for absence from work - what is it?

This in itself is a disciplinary violation for which the employer has the right to hold the worker accountable. At the same time, the degree of responsibility and its consequences for employees are extremely high - after all, the provisions of the Labor Code of the Russian Federation provide for the possibility of dismissal for a single absence without any mitigating circumstances that must be taken into account. However, the presence of valid reasons for absence from work allows you to avoid any type of disciplinary liability.

The concept of valid reasons is not directly considered by Russian legislation as a separate term and simply provides for the presence of certain objective circumstances under which a person’s actions or inaction cannot be punished. According to this, the most often similar aspect is the principle of guilt. Guilt occurs if a person is guilty of an offense, that is, he committed it intentionally or recklessly, understanding all the possible consequences of his actions or inaction and knowing the possibility of avoiding the negative course of events. If there is guilt and the corresponding reason for the failure of such a person to appear at work, study, court or investigative authorities cannot be considered valid.

However, there are certain situations in which the reasons for absence from work are automatically recognized as valid - despite the fact that this is not directly stated. The application of disciplinary sanctions for such reasons is considered a direct violation of labor legislation and cannot be legal - in the event of a trial, the court will always side with the employee. But besides this, there are a number of reasons that can either be considered valid or not recognized as such - and judicial practice demonstrates different solutions when considering this issue. Therefore, each type of valid reason for absence from work should be considered separately.

If the employee was there when he had a good reason, then the employer’s ignorance does not relieve the latter from responsibility for his actions - the employee can demand through the court reinstatement at work, payment of compensation to him, including moral damage, as well as wages for the entire period of forced labor. absenteeism, as well as a subsequent change in the reason for dismissal in the work book.

Valid reasons for absence from work according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation, employees have the right not to attend the workplace due to certain circumstances. At the same time, these situations are directly divided into cases where notification to management is mandatory, and when no direct indications of the need for such notification are provided. Accordingly, the reasons under consideration can be considered valid both unconditionally, regardless of the notification of the employer, and subject to mandatory notification of the impossibility of appearing at the workplace.

Reasons requiring mandatory notification include situations considered by the provisions of Article 128 of the Labor Code of the Russian Federation, which regulates leave at one’s own expense, as well as Articles 125, 262, 262.1, 267 of the Labor Code of the Russian Federation, which regulate certain cases of employers providing paid leave at the first request of an employee. In total, such cases that, when an employee declares, are clearly valid reasons are as follows:

In all of the above situations, notification to the employer in the presence of the above-mentioned grounds in accordance with the Labor Code of the Russian Federation clearly implies that the reason for not showing up for work is valid. At the same time, the employer has no right to refuse employees to fulfill their legal requirements.

In order to confirm your rights and the fact of notifying the employer, in the presence of the above-mentioned valid reasons, it is recommended to send a notification or duplicate it by sending a registered letter with a list of attachments and a notification of receipt.

Cases where the reason for absence from work is clearly valid, regardless of the fact of notification, in accordance with the provisions of the Labor Code of the Russian Federation, include:

• The employee’s period is regulated by the provisions of Articles 81 of the Labor Code of the Russian Federation and 183 of the Labor Code of the Russian Federation. If an employee or his child or close relative in need of care becomes ill, he may receive sick leave and, accordingly, be relieved of work duties for this period.
• or its components. If an employee is a donor and donated blood, then, according to the standards considered in Article 186 of the Labor Code of the Russian Federation, he is relieved of work duties for that day, as well as for the next one, and notification of the employer is not mandatory.
• Participation in . If a worker takes part in a strike organized in accordance with the requirements of the law, then Article 414 of the Labor Code of the Russian Federation prohibits the employer from punishing him for failure to appear at the workplace, since the strike is considered a valid reason.
• Execution of government duties. If an employee has been legally assigned any public or state duties, during their performance he is released from work, and in this case there is no requirement to notify the employer.

Other valid reasons for absence from work not covered by the Labor Code

Situations that can be classified as valid reasons, despite their absence in the standards of the Labor Code, also include all circumstances when an employee did not have the opportunity to visit the workplace or appear on time in the absence of his fault in what happened. So, we can consider such cases using several fairly simple and understandable examples:

In all of the above cases, it is recommended that the employee be able to provide some evidence to prove that the reason is valid. Moreover, in the event of a dispute, additional factors are taken into account. For example, if an employee was daily or simply repeatedly late or did not show up for work due to utility failures or traffic jams, then this is clearly his fault, since he should have foreseen the impact of these factors on his work activity and ability to fulfill his duties to the employer.

Consequences of absenteeism from work without good reason

If an employee does not show up for work, he will be counted as absentee. Absenteeism is a serious disciplinary violation and, according to Article 81 of the Labor Code of the Russian Federation, the punishment for it can even be dismissal after one such case. However, it should be noted that the appropriateness of the punishment must correspond to the offense - judicial practice often recognizes such dismissals as invalid, for example - if the worker had an ideal work record, there were no disciplinary sanctions in principle and he worked for the employer for a long time, then such a punishment for a one-time violation will most likely be canceled in court.

In general, the employer has the right to independently determine the extent of the employee’s responsibility for the disciplinary offense committed, using not necessarily dismissal, but also a reprimand or reprimand. In addition, the employer has the right to refuse to apply disciplinary sanctions on its own initiative in principle.

The same violation cannot lead to multiple disciplinary sanctions.