The absence of an employee from the workplace must be justified. If the reasons for his absence are not valid, then the authorized citizen draws up a special act.

The absence of a person from the workplace can be due to a number of reasons. For instance:

• the employee is sick;
• he had other force majeure circumstances.

In what cases is an act issued?

According to Russian legislation, absenteeism of an employee is his absence from the workplace without a valid reason for more than four hours. In accordance with the provisions of the Labor Code of the Russian Federation, the absence of an employee at work is a failure to fulfill his direct work duties.

Objective valid reasons

Under objective reasons, as a result of which the employee was absent from the workplace, various situations of force majeure are considered. This is usually:

• emergency situations on the road;
• weather;
• hostilities;
• man-made disasters.

If the employee does not agree with his dismissal and considers the employer's actions illegal, then he goes to court. In most cases, the court decides to reinstate a person to work.

A truancy is considered:

• Situations in which an employee leaves his workplace without a valid reason for an indefinite period;
• Independent use of days off, as well as self-go directly on vacation.

At the hearing, the legality of the employee's dismissal and the existence of valid reasons for his absence from work will be revealed.

Absenteeism is not considered a situation in which an employee took advantage of legal days off without the permission of the employer.

Who composes?

Responsibility for drawing up an act on the absence of an employee in the workplace lies with the citizens working at the enterprise. After it is drawn up, it is approved by the head. The act must necessarily indicate:

• place;
• time;
• date of its compilation.

After paperwork is completed, it is sent to a specific employee for registration in the enterprise's document log.

In cases where the personnel department of the enterprise does not keep records of absenteeism and lateness of employees, the employer has the right to oblige them to do this. Late arrivals must be recorded in the report card.

Procedure

The absence from work act is drawn up for several reasons:

• Late arrival at work;
• Long absence from the workplace;
• Absenteeism.

The act is drawn up at the time of detection of each revealed fact of violation. This measure is necessary if there have been repeated long-term violations.

For example, if the employee did not appear at work for several days without a good reason, then the act is drawn up for each day he takes a walk.

Also, the act is drawn up for each half of the missed working day. For example, systematic delays, periodic absenteeism, as well as delays directly at lunchtime are repeated.

On average, at least three people must take part in the execution of the act, who sign under it. An indication of the date and time of drawing up is considered mandatory for an absence from the workplace. The prepared act is recorded in the corresponding register of such documents.

Design and sample

If an employee is absent from his workplace, then the act is drawn up in an arbitrary order (like most acts, including those used in production, or even - there is only one approximate form).

But there are a number of requirements for the registration of an absence from the workplace:

• Place, date and time of compilation must correspond to reality;
• The essence of the situation is fully revealed;
• Information about the participants who have drawn up the document.

Upon completion of the drawing up of the act, each participant puts his signature.

If by the time of drawing up the act, the employee has appeared at the workplace, then he can provide additional information in his defense. However, the employee may refuse to provide such explanations. In this situation, it is necessary to draw up a specific act.

Consequences of registration of the act of absence from the workplace

When drawing up an act in relation to an employee, he should have been informed about this on receipt. If he refuses to sign, a certain mark is made in the act, which is preliminary certified by the members of the commission.

In a situation where an employee does not agree with the execution of an absence from the workplace, this does not exempt him from paying a fine and imposing disciplinary liability.

All disagreements and objections of the accused are recorded in the act.

Judicial practice shows that if an employee was fired for absenteeism, he can dispute these points on the following grounds :

• He has evidence that the act was not presented to the employee for review;
• He provides supporting documents confirming a valid reason for his absence, but the documents were provided out of time;
• The act does not indicate the reasons for the absenteeism and there is no evidence that the employee was absent during working hours at his place for more than four hours in a row.

Important! The period during which the employee is brought to disciplinary responsibility for absence from the workplace is 30 days. The maximum term is no more than 6 months. If the employee is on vacation or sick leave, the term is suspended.

One of the most serious violations of labor discipline at the enterprise is failure to appear at the workplace. In this case, the punishment for such a violation may even be the dismissal of the truant. However, for the correct collection of the evidence base, in order to carry out the dismissal as correctly as possible, it is necessary to draw up supporting documents on time. One of them is the act on the absence of an employee from the workplace.

It is recognized as a truancy:

• Absenteeism during the working day or shift without notifying the management about it;
• Absence from an established workplace for more than 4 hours in a row without a valid reason;
• Absenteeism during the period of compulsory work (2 weeks) when writing an application for dismissal at will;
• Absenteeism before the end of the established period of validity with him;
• Using the working day to compensate for the working hours on a public holiday without prior agreement with the company administration.

The responsibilities of the company include the correct execution of all documents confirming the fact of absenteeism. Otherwise, during the trial, the court may take the side of the dismissed with the restoration of his rights and payment of compensation.

Attention! If the employee was not at the place of work for less than 4 hours, then this event cannot be interpreted as absenteeism, this is just a delay. Or, if it turned out that his absence was respectful, then in this case it cannot be carried out.

Good reasons for absence that cannot be fired

In addition to the malicious deliberate violation of labor discipline, there are also events in which the employee is absent from his place of work through no fault of his own. Therefore, having determined the fact of the employee's absenteeism, it is necessary, first of all, to try to determine the reason why this happened. To do this, you need to use all available communication channels and try to contact him.

The legislation does not define a complete closed list of which events will not be considered absenteeism without a good reason.

But among them are:

• Being at the donor blood collection point;
• Poor health of both the employee and someone close to him;
• Engaging an employee to perform civil or public duties (participation in a court case as a jury, witness, etc.);
• Traffic accident and subsequent hospitalization of the employee;
• Establishment of an administrative opinion;
• Late or non-appearance of public transport for the flight, its breakdown, cases related to public transport and not dependent on the will of the employee himself;
• Termination of the employee's work duties after notifying the employer due to delayed wages for more than 6 months;
• An employee's exit to work according to the old schedule. However, this case can be interpreted as absenteeism, if he was previously warned about the change in the shift schedule against signature;
• Emergency situations.

All these situations will be regarded as respectful, even if the employee did not inform the company about them in time, however, he has the necessary supporting documents on hand. In this case, the initiator of finding out the reason for the failure to appear should be the management of the company, which sends the corresponding request.

Attention! The employee, within two days from the date of its receipt, needs to form a response with the attachment of supporting documents. In cases where the absence is respectful, and the employee is worthy of the trust rendered, an act of this event need not be drawn up. On the other hand, it is better to do this if he has lost the trust of the management, or there is information that the provided explanations about good reasons are unreliable.

Download a sample of the act

Download in Word format.

How to draw up an act on the absence of an employee from the workplace

It is advisable to draw up the act immediately, as it became known that the employee did not appear at his workplace and has been absent for a long time. Used to advise management. If his absence lasts two or more days, then it is recommended to draw up a new act for each of such days.

There is no strict form defined for this document. It can be compiled on a computer in any form, either based on the company's letterhead, or on a simple sheet of paper by hand with a ballpoint pen. At large enterprises, a special template can be developed that must be used in such cases, substituting your information there.

First, the name of the document, its serial number, date and place where it was drawn up is recorded on the sheet.

Next, information is recorded about the employee who was directly involved in drawing up the act - the position, as well as the full name and surname. In addition, further you need to write the same information on all witnesses who are present when drawing up the document and can confirm the employee's absence.

Important! There should be at least two witnesses, and it is advisable to invite them from other departments or divisions to ensure their impartiality to what is happening.

Then the full name and surname are recorded in the act. the employee who committed absenteeism, his position, the exact date and time when it was found that he did not go to work, the duration of the absence.

In case of a trial, it is best to describe in detail in which particular workplace and in what environment the absent employee should have been.

Further, in the act, explanations from the employee about his absence from the workplace are recorded in detail. This must be done exactly word for word, without changing or omitting anything. If several attempts were made to contact the employee, but this was not possible (for example, he did not answer phone calls), then it is imperative to indicate in the act exactly how the attempts were made to contact, when, and how they ended.

After that, the document is signed first by its compiler, and then by all three witnesses. Each person affixes his signature and the date when he made the sighting.

Important! An employee must be familiarized with the prepared document against signature, indicating the date of acquaintance. The second copy must be handed over. If the truant refuses to sign the drawn up act, then it is necessary to collect the commission again and issue an act of refusal. Then it is filed to the first document and stored with it all the time.

After studying the submitted documents, the manager will already make a decision on the extent of the impact on the truant.

A document on absenteeism of an employee is drawn up in the event that he systematically does not comply with the work and rest regime established at the enterprise where he works. The formalized absence from the workplace enables the employer to apply disciplinary measures to the subordinate, up to and including dismissal (in case of recurring violations). How the absenteeism act is drawn up, its sample can be downloaded for free below. The form is valid for 2017 - 2018.

Who is considered a violation of the labor discipline order?

A worker who does not comply with working conditions is considered a violator if:

• when drawing up an untimely contract, the employee left the workplace without a corresponding statement;
• the employee, without completing an application, retired on vacation;
• the specialist arranges the weekend at his own discretion;
• the employee did not come to the service after the completion of the administrative transfer, abandoned the rate before the end of the transfer;
• the subordinate was absent from the workplace for more than 4 hours without explaining the reasons;
• the worker refuses overtime work duties organized on the basis of the job description.

The labor agreement mandatorily prescribes the employee's responsibility for being late, as well as for absenteeism. A document of informational and reference nature and fixing the employee's absence from the workplace is an act of the employee's absence from work.

Disciplinary action for misconduct can only be applied after receipt from an employee. If a decision is made to dismiss an employee, then the order is drawn up by.

Registration of an employee absenteeism certificate

The legislation has not yet established a unified form. But, along with this fact, there are requirements that are mandatory for the implementation and entry of data into the act:

• registration number of the act and the place of its signing;
• information about the organization;
• a full description of the act and the time period of the offense committed in the form of absence from the workplace without a valid reason;
• information about the members of the commission and the guilty specialist (position, full name);
• information about the actions taken to establish the whereabouts of the truant, their results;
• the duration of the employee's absence with the designation of time for lunch and other breaks in accordance with the work schedule.

The absence of an employee at the workplace must be recorded in the protocol in the presence of 2 people (minimum). The subordinate, in whose name the act is drawn up, affixes an introductory signature on the form. If the employee refuses to put a personal signature, then a proper record is recorded in the act, which is certified by the members of the approved commission.

It is important to understand that refusal to sign a drafted truancy report is not a reason for canceling the disciplinary sanction. The employee's disagreement is necessarily recorded in the act.

The employee's absence certificate must contain the signatures of all members of the commission with a transcript.

You need to know that it is possible to bring an employee to administrative responsibility within a period of 1 to 6 months from the date of detection of a violation of labor discipline; for misconduct based on the results of financial audits, the period is extended to 2 years. When a specialist is on sick leave or annual leave, the course of the term is suspended.

If the employee is absent from the workplace, and at the same time it is not possible to contact him, it is necessary to draw up an act of absence. We will tell you right now how to correctly draw up this document, its ready-made example of filling out and the procedure for actions in such non-standard situations.

Among violations of labor discipline, truancy is one of the most rude. At the same time, the legislation contains specific criteria for defining this concept. All of them are related to cases of absence without a good reason, including:

• throughout the day (shift);
• from 4 hours;
• premature termination of work and leaving the workplace;
• unauthorized use of time off (including due to existing processing), without the consent of the management.

References to the legal norms of the TC are presented in the diagram below.

Along with drawing up an act, the employer has the right to apply measures of responsibility to the employee, up to and including dismissal:

1. Oral and / or written comment.
2. Written reprimand.
3. Dismissal can be applied in cases where the employee was not at work for 4 hours or more. Read more about the procedure for dismissal in such cases.

The employer has the right to choose any measure at its discretion. That is, it is not necessary to go through this entire sequence - in the absence of more than 4 hours for disrespectful reasons, you can immediately raise the question of dismissal.

What does not apply to truancy

It is also important to keep in mind that legislation guarantees certain employee rights, including the right to be absent from work due to valid reasons that are not considered absenteeism:

1. Temporary disability (due to illness).
2. Maternity leave.
3. Absence in connection with the delivery of the session, a wired diploma (for this, student leave is preliminarily drawn up in the prescribed manner).
4. Mandatory appearance in court or in any law enforcement structures (compulsory).
5. Circumstances of force majeure, which the employee could not objectively influence: natural disasters, robberies, an emergency with a close relative, fire, etc.

Sample and example 2018

The strict form of the act has not been approved, therefore, to confirm the absence of an employee at his workplace, each company has the right to use its own version. Usually the document is drawn up on a standard A4 sheet, and it contains the following information:

1. The date of drawing up is written, as a rule, in the upper left corner, and the number - on the right side at the same level. The numbering is arbitrary - usually continuous (for similar documents) throughout the year.
2. Then you should write the name of the document - i.e. the act of absence of the employee at the workplace.
3. Then the actual absence of the citizen is ascertained: from the first person, the representative of the commission indicates his position and full name and establishes the fact of failure to appear.
4. Next, you need to register which employee did not come - surname, name, patronymic, position, personnel number (if any).
5. Once again, the date of no-show and the exact time are prescribed: for example, from 09:00 to 15:55. On the other hand, it is enough to simply record the fact that the employee was absent for 4 hours in a row, for example, write from 14:00 to 18:00 (these are the usual cases when he did not return from lunch).
6. Further, you can indicate that the absence was not associated with good reasons, if such a fact was actually clarified (for example, the employee refuses to explain his absence at all).
7. The composition of the commission is prescribed, which recorded the fact of failure to appear: indicate the full name, position, sign.
8. At the very end of the document, the employee who was absent must sign that he has read the act of this event (the signature is put along with the decryption - surname, initials).

You can take the following form as a basis:

And as a ready-made example of a document, use the sample below:

Compilation procedure: step by step instructions

Careful adherence to the absenteeism registration procedure is a very important task for the employer, since otherwise the truant may go to court and even get back to work. Moreover, the court can take his side, including because the employer did not fulfill all obligations under the labor law and was in a hurry to accuse his employee of absenteeism.

The main task of the company's management is to make sure that the reason for the absence is definitely not valid. Here the logic is of the “reverse” type: the citizen himself is obliged to provide all documents that confirm the valid circumstances of his absence from work. If there are no such documents, the employee refuses to give a written explanatory note or gives in it clearly disrespectful reasons (overslept, was not in the mood, etc.), then the employer has legal grounds for dismissal for absenteeism.

Thus, in order to avoid unnecessary risks, the management is obliged to organize the execution of several tasks at once:

1. Written fixation of the fact of absence from his workplace by drawing up an act on this event.
2. Obtaining written explanations from the employee about the reasons for his absence.
3. Fixing the fact of the citizen's refusal to explain the reason for failure to appear in writing.

The sequence of actions in the general case looks like this:

1. Employees discover that a colleague has yet to show up for work and immediately notify their superiors.
2. The immediate manager to whom the employee is subordinate (foreman, department head, department manager, branch director, foreman, etc.) tries to get in touch with the employee by all available means at his will - i.e. the employer is under no obligation to try to do this.
3. The time of the beginning of the absence is recorded, and after 4 hours, an act is compiled, which is signed by at least 2 (preferably 3) witnesses - colleagues of this employee. It is advisable to choose colleagues from other departments, since in this case the likelihood of personal sympathies, antipathies, and possible conflicts in the future is minimal.
4. After that, if the employee appears at work, the employer requires written explanations and the provision of evidence that the reasons for failure to appear are really valid. An employee has 2 working days to write an explanatory letter (its form is free). The countdown of the period begins from the working day, which follows the day of appearance at work.
5. Also, the employee must be required to immediately sign the previously drawn up act.
6. If he refuses to perform any of these actions, the employer does not risk anything - it is important to record these facts in the relevant acts. Their form and order of compilation are similar to those discussed above. Documents are also signed by 2-3 witnesses.
7. In case of unreasonable reasons for failure to appear, the employer has the right to dismiss the employee without working off.

Possibility of appeal and revocation

In fact, the document simply records the fact, but does not provide a description of the reasons. If later it turns out that in fact the citizen did not get to work for valid reasons, then the act is automatically canceled.

This is possible in two cases:

1. When the employee submits the relevant documents proving the validity of the reason for not showing up for work:

• sick leave;
• a certificate from the police;
• a certificate from the court;
• witness's testimonies;
• other evidence.

1. When the act was drawn up incorrectly - this mainly applies to cases where there is no confirmation of non-appearance on the part of witnesses. In this way, a document without the signatures of witnesses is invalid.

NOTE. If the employee insists on the recognition of the act as invalid, the employer can, but is not obliged to listen to his arguments. Therefore, in disputable cases, a citizen has the right to apply to the labor inspectorate or immediately to the judicial authority to conduct proceedings and compensate for possible harm.

The personnel services of enterprises are regularly faced with the need to document the absence of their employees for work (absenteeism). To fix this violation, it is necessary to draw up an act on the employee's absence from the workplace. This document gives the manager the right to impose a legal penalty on a subordinate - from a warning (a single case) to dismissal in case of systematic absenteeism. This document can also be useful if an employee has an accident during the period when he was obliged to be at his workplace.

Absence for work

The absence of an employee of the enterprise at work for more than 4 hours is a violation that gives rise to the imposition of a disciplinary sanction under Art. 192 of the Labor Code of the Russian Federation.

The employee must give a written explanation of his or her misconduct. If he refuses to do this, then it is also necessary to draw up an act on the absence of an explanatory note. We have provided a sample of this document in the material "".

What is considered absenteeism

• failure to show up for work without good reason;
• being out of the workplace for more than 4 hours;
• Absenteeism from work without warning the management of the organization to terminate the employment contract of their own free will or before the expiration of the contract;
• unauthorized use of available time off by an employee of the company or unauthorized departure on main or additional leave.

If the employee used the prescribed rest days, in which he was unlawfully denied (for example, donor blood donation), then this is not considered a violation and an absence from work statement is not drawn up.

Good reason

Are the reasons why the employee was absent from the workplace valid or not? The head of an organization or department decides this at his own discretion, since there is no clear definition of them in the law. As practice shows, a weighty excuse for absenteeism can be:

• temporary disability;
• caring for a sick relative;
• administrative arrest or detention;
• participation in court proceedings as a witness, etc .;
• severe weather conditions and emergencies;
• donation;
• fulfillment of state or public duties, etc.

Read also Terms of salary payments in 2017

Form and sample of filling out the act

In order for an employee to be legally disciplined for absenteeism, the fact of this violation must be documented. Therefore, an act of absence from the workplace is drawn up. The form of this document is not approved by law, therefore it is prepared in free form.

Since there is no generally accepted sample of the act for fixing the absence of employees at workplaces, it must at least meet the requirements of GOST R 6.30-2003 and contain the following mandatory data:

• employer details;
• title and number of the document;
• date and time of drawing up the act;
• data of the originator of the document and members of the commission - full name and positions held at the enterprise;
• classification of violation, date and period of absence from the workplace, data of the offender - full name. and position;
• an explanation of the employee for whom the act was drawn up, or a mark on the refusal to provide such;
• number of copies;
• signatures of the originator of the document and persons confirming the content of the act;
• the signature of the offender, which proves that he is familiar with the document and received one copy of the act in his hands.

In the presence of the act in question, the collection is considered lawful and it is difficult to challenge it in court.

Below is a sample of an employee's absence from the workplace: