If absent from work without valid reason, it’s easy to join the ranks of the unemployed — the employer has the right to dismiss the “wag”. The user is obliged to ask the employee why he was absent from work, and the employee, respectively, must promptly provide evidence that it was not in the enterprise for valid reasons.
The list of valid reasons not to come to work in the Labour code no.
Aephi together with a lawyer of the legal Department HEADS Consulting Igor Valuev reviewed the jurisprudence and found, under any circumstances for absence from the workplace to avoid getting fired.
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“Valid” reasons for absence in the workplace can be divided into two types, personal circumstances and external circumstances. Let’s start with the first. This:
– Illness of the employee. Evidenced by a certificate of incapacity (sick leave).
– The illness of a child of the employee. Confirmed once again the hospital and a certificate (or a copy) on the birth of a child.
– An appeal for emergency aid for the child.
– If the worker was ill, but on their own initiative worked, periodically absent from work without the consent of the employer.
– If the employee was absent from work in connection with carrying out at his house for emergency repairs.
– If the employee during working hours participated in court as a plaintiff, or was called in for questioning (as a witness, an accused or a suspect), or serving administrative detention. All these circumstances can easily be proved by certificates from the court or the police Department.
– Employee-student may be absent from work by reason of travel to place of study, and to leave unauthorized leave for the duration of the session.
– Willfully fails to come to work and old age pensioners using the vacation “without pay”.
– The right to voluntarily leave “without pay” and workers-the couple, even a month after the wedding.
– Willfully allowed to use “regular paid” vacation, but only if it is approved leave schedule.
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Now consider the external circumstances of the absence from the workplace, using which the employer can not dismiss an employee:
– If an employer withhold wages for more than 15 days, the employee shall be entitled to suspend the activity.
– Do not return to work even if the user repaid wages accrued but not paid average earnings for a “period of enforced idleness”. But here we must be careful, as there is a judicial practice such a situation is not in favor of the employee.
– It happens that the employer decides to change the work schedule of the employee. Slave can calmly not to come to work according to the schedule, which came up with head, if the latter has not notified the employee about the need to return to work under the painting.
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– And is that the leader is trying to get rid of the unwanted worker and not prone to the workplace (the most common example — prohibits the entrance to the grounds). In this case, the absence of the employee in the enterprise is not a truancy.
– By the way, if the employer changed the working place of the slave, but without a legitimate reason (for example, all with the same goal to get rid of the employee sends it to the other end of the city), the employee”s absence again, absenteeism is not considered.
– If the workplace is not organized and is not intended for work, the employee can leave without risk of being fired.
Is absenteeism and the lack of an enterprise employee having traveling nature of work.
– If you combine two jobs, went on a business trip at the main place of work is also not considered a truancy.
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“The list of reasons for absence is not closed. In each case, the court may call a valid excuse or unreasonable given the circumstances and the situation in which it was committed truancy. The employer is obliged to consider those circumstances. First and foremost we are talking about the reasons related to circumstances outside of the will of the employee (for example, natural disaster, illegal actions against the employee or other persons, the need for first aid to others. Failures in work of public transport).
Keep in mind that all the reasons must be documented (the testimony of witnesses, fixed by or notary act (an act signed by the witnesses on the stay in the tube or subway, etc.), certificates, subpoena, or to the investigator, sick leave, etc.),” — emphasizes Valuev.
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