Absent from work for a valid reason. What is truancy? Unexcusable reason for absence from work

Good reasons failure to appear in courta person who doesn't have legal education, is quite difficult 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 valid 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 great importance will have where exactly you need to go (within the country or abroad) and, most importantly, why (vacation is not a valid reason).

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 - a mandatory procedure for 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. To unexpected breakdowns in the sphere utilities include gas leaks, breakdowns of common house 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

Traffic accident or transport malfunction are valid reasons, if in case of 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 get out workplace.

In this case, the employee must confirm that this circumstance occurred due to 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 work day are known in advance: for example, a wedding, the birth of a child, an exam 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. According to others family circumstances and for 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 imposition on the employee disciplinary action.

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 electronic systems arrival and departure of workers, 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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It is the circumstances due to which the employee was not at work that are decisive in the issue of his dismissal for absenteeism. Absence for what period of time is not absenteeism and what reasons are considered valid?

As labor legislation tells us, absenteeism is absence from the workplace without good reason for more than four hours in a row during a working day (shift) or throughout the entire working day (shift), regardless of its duration. Cases when an employee’s absence can be considered absenteeism are given in paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Employees' appeals to the labor inspectorate regarding their illegal dismissal happen frequently, says state labor inspector Yulia Gavrilenko. - Employers violate the dismissal procedure in case of absenteeism. They do not take an explanatory note to find out how valid the reasons for absence from work are. No notification of what needs to be picked up work book. Of course, in this case the employee is reinstated at work. Courts make decisions depending on proof of violation of labor law, and are also guided by their own convictions.

To determine the exact duration of an employee’s absence from the workplace, several points must be taken into account:

whether the period of absence of the employee occurred during work time or for a period of rest;

what is the duration of the specified period;

Is the time of the employee’s absence from the workplace correctly determined if the employee was not found at the workplace several times during the day.

Good reasons?

It happens that an employee has circumstances that prevent him from coming to work. In such cases, if, after all, the employee was fired for absenteeism, the court will assess how valid the reasons are for which such a situation has arisen.

The employee fell ill, and there is an entry in his outpatient card or a certificate from a doctor, but no sick leave. In this case, the dismissal will most often be considered illegal. Even in the absence of a certificate of incapacity for work medical documents an initial examination of the employee or a medical certificate are adequate evidence of a valid reason.

The employee could work during working hours, but passed medical examination on your own initiative. In this case, if the employee does not have a sick leave certificate, undergoing various medical examinations is not a valid reason for absence from work, except in cases where the employee is required to undergo a periodic medical examination (Article 213 of the Labor Code of the Russian Federation).

An employee's child became ill and was unable to work because he was seeking emergency medical care for a minor. In this case, judicial practice suggests that this is still a valid reason.

The employee was on sick leave, but during the period of incapacity he worked and was absent only periodically, but the time of absence was not agreed upon with the manager. In this situation, the dismissal will be illegal, because the employee has sick leave, and the fact that he worked does not mean that his ability to work has been restored. But if the employer did not know that the employee was on sick leave, due to the fault of the employee himself, the dismissal may be considered legal.

The employee's home was undergoing emergency repair work, and he had to provide access to the apartment for repairmen. In this case, judicial practice speaks of the illegality of dismissal. Absence from work for these reasons is considered valid. This does not apply, for example, to the installation of various types of equipment or routine repairs at the request of the employee.

The employee was absent from the workplace due to participation in the court hearing as a plaintiff. The courts consider this reason for absence to be valid. According to Art. 46 of the Constitution of the Russian Federation, the right to judicial protection includes the right to personal participation in a court hearing. In addition, calls and appeals from courts are mandatory for everyone without exception and are subject to strict execution. But if the employee does not perform government duties and is simply a representative, then the reason for his absence is considered disrespectful. By the way, visiting others government agencies During working hours, personal matters are also not considered a valid reason for absenteeism.

There are cases when the employer did not notify the employee that it was necessary to go to work at a certain time. In this case, the dismissal will be considered unlawful, since by law the employer is obliged to familiarize employees with local knowledge under their signature. regulations directly related to their work activities. In such a situation, the employee’s absence from work is not absenteeism. The same applies to the situation when the employee was not notified of a change in his workplace.

In the event that an employee does not come to work due to non-payment of accrued wages, the dismissal will be considered illegal. In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid(Part 2 of Article 142 of the Labor Code of the Russian Federation). Rabotnik, who notified the employer in writing of the suspension of work, is absent from the workplace for a valid reason.

Read about what is considered a disciplinary sanction and what responsibility awaits for failure to comply with the procedure for imposing a disciplinary sanction in the next issue.

Timing is everything

The issue of correct calculation of absenteeism time plays a decisive role. Many different situations have already been considered by the courts, and, analyzing judicial practice, we can come to the following conclusions.

Dismissal of an employee is unlawful if:

1. the employee was not present at work for four hours or less;

2. the employee was absent from the workplace for more than four hours in a row, but minus the time of absence during the lunch break, the working time accounted for less than four hours of absence. According to Art. 108 of the Labor Code of the Russian Federation, during the working day the employee must be given a break for rest and food of no more than two hours and no less than 30 minutes. This break is not included or paid during working hours. That is why, when calculating the time an employee is absent, lunch time must be subtracted from the time absent from the workplace.

It is legal if:the employee was absent from the workplace for more than four hours of working time, but neither before nor after the lunch break the time of absence exceeded four hours. The lunch break does not count as working time, so the employee’s absence time before and after the lunch break must be summed up.

Today we are going to find out valid reasons for absence from work. In fact, this question is extremely important. Especially if you work in one place or another for a short time, but for some reason you need to avoid visiting your place of work. Unfortunately, not everyone knows good reasons. And sometimes your rights may be violated. In addition, no conscientious employee wants to receive absenteeism. Therefore, let's try to understand what are the valid reasons for not showing up for work, and how to prove them.

Truancy

The first step is to understand what truancy is. Maybe it's not so scary after all? Or your failure to appear cannot be regarded as absenteeism for one reason or another?

According to the Labor Code of the Russian Federation, absenteeism is absence from work without good reason. But there is one small limitation that can save an employee from punishment. Which one exactly? The thing is that you have the right to be punished only when your failure to appear continues for more than 4 hours in a row. Then and only then will it be considered truancy. Otherwise, you don't have to be afraid.

In addition, please note that absenteeism does not mean an employee’s absence from the workplace for some time, which is not his only time. Now it’s worth exploring valid reasons for absence from work. When can you not be afraid of punishment from management?

Disagreements

It is worth knowing exactly for what reasons you have the right not to show up for work. After all, very often it turns out that the boss considers what is happening to you to be an insignificant circumstance. But after a detailed investigation, it turns out that you had a really good reason for being absent from work. These are quite common cases.

To be on the safe side, try to warn management that you won’t come to work. And record it somehow. If they want to fire you for absenteeism, you can use evidence that you took measures to warn the employer about your absence. Moreover, if you have already been fired, file a complaint with the court. You will be reinstated (if you had a valid reason for being absent from work) and paid for that day. Nothing difficult, right? Only few people know under what circumstances absenteeism will not be considered such.

Weather

Absence from work without a valid reason is grounds for your punishment. In fact, it is worth clearly understanding when the employer really has the right to regard your absence as absenteeism. It has already been said that often the legal grounds and the opinion of management in this matter do not coincide.

The list of valid reasons for absence from work begins with adverse weather conditions. That is, if for this very reason you were unable to get to your workplace, then they have no right to impose any sanctions on you. Was there a hurricane? Biggest snowstorm? Blizzard? Traffic jams or thick fog? There is no punishment for all this. Just try to notify your employer of your absence in advance. Often, weather conditions are not, in the opinion of management, a really important reason why you are away from work for more than 4 hours in a row. So it’s worth knowing your rights.

From vacation

The following scenario does not occur very often. The thing is that sometimes an employee, for one reason or another, cannot return from vacation on time. Often the weather is to blame. This item is considered a valid reason for absence from work. So your superiors will have to take it into account.

Of course, as in the previous case, try to warn your manager about delays. If this cannot be done, just stock up on evidence that you really could not return home for reasons beyond your control and get to work. Otherwise, they may try to either punish you or fire you altogether. And then you will have to resort to judicial debate. And they bring little pleasure to anyone.

Arrest

What other valid reason could there be for absence from work? We already know examples of some scenarios. But, as a rule, the conversation does not end there. In general, in Labor Code There is no clearly defined list. So all responsibility for this question falls on the shoulders of the employer, not the employee. After all, it is he who will be punished and held accountable if a citizen is fired for absenteeism, which in fact is not absenteeism.

Among the possible options for the development of events, one can also highlight arrest. If you are arrested for one reason or another, or you were detained by law enforcement officers as a witness, no one has the right to give you absenteeism. And even more so punish to one degree or another. It is often possible to easily alert your employer that you have been arrested or asked to testify as a witness.

Breakdowns

The next scenario is a breakdown of public transport. If you get to work, for example, by bus, then its malfunction can be included in the valid reasons for absence from work. In fact, it is this point that requires special attention.

Why? It's one thing when we're talking about about public transport that moves outside the city. Or to the city directly, for example from a village or village. That is, long-distance. When it is impossible to get to the workplace in any other way or wait for the next transport in time so as not to be late. Quite different - urban public transport, walking with a certain frequency.

For a breakdown to be considered a valid reason, every effort must be made to arrive at the employer on time. Of course, try to warn your superiors about the incident. In such circumstances, no one will have the right to punish you or give you absenteeism. After all, you are dealing with a good reason that does not depend on you and your desire.

Care

What else is worth paying attention to? Valid reasons for absence from work may vary. And few people know about them, because in fact in the Labor Code Russian Federation there is no clear list of them. Each case must be considered separately.

Thus, another valid reason for absence from work is caring for a needy/sick relative or child. If your help is urgently needed, no one has the right to count absence from work as absenteeism. After all, life circumstances can be different. So take this factor into account. Often, employers try to impose certain punishments on him even when a citizen is caring for a sick and needy relative or child. It is illegal. Most likely, if you go to court, it will be on your side.

Emergency work

Life is something that cannot be foreseen and predicted with certainty. Various incidents and surprises can happen to everyone, no one is immune from this. So you have to constantly think about what could be good reasons for absenteeism. Why won't they fire an employee who doesn't show up for work?

We have already met some points. But as already mentioned, there is no exact list anywhere. Each case is considered individually, and responsibility for punishment falls on the shoulders of the employer. The next scenario is nothing more than carrying out emergency repairs in the employee’s house/apartment. If a repairman comes, he should be provided with access to the home. And at the same time, absence from work under such circumstances will not be considered absenteeism.

There is also one nuance here - all emergency repair work should not be carried out at the request of the absentee employee. In other words, we are talking only about forced measures. But if you independently decide to call, say, a plumber to your home, instead of going to work, then your absence will be regarded as absenteeism.

Accidents

It is also worth paying attention to the fact that accidents are valid reasons for absence from work. This is especially true for those who drive their own cars and also get to work in their own car.

Of course, if there is an accident, it is worth warning someone about your absence. But you don't have to do this. Then you will have to obtain evidence that you really did not miss work, but could not arrive at work on time. Now this is not so difficult to do. So try to be on the safe side once again. And if you have a realistic chance of arriving on time, do so. Otherwise, you may be afraid of some punishment.

Treatment

What are valid reasons for absenteeism? There are a lot of them. But, as already mentioned, there is no clear list. And it is unlikely that he will appear. So you will have to figure this out on your own.

In addition to the scenarios already listed, our list of valid reasons includes undergoing treatment, rehabilitation, or visiting a doctor. Usually they take time off work for this. But if you have not done this, it will be enough to present a referral to a doctor or a sick leave/outpatient card to prove your innocence. Sometimes a doctor can simply write you a certificate stating that you actually visited him or underwent this or that treatment. In this case, no one has the right to fire you or punish you in any way. After all, this is illegal.

As you can see, there are many reasons. The issue of absenteeism and valid reasons for absence from work, as a rule, has always been very acute. Indeed, in the modern legislation of the Russian Federation there is no clearly defined list possible reasons, according to which an employee can remain unpunished if he is absent from work for more than 4 hours in a row.

Maria Soboleva

How to skip work without unpleasant consequences?

How to skip work - well, admit it, this question arises at least sometimes even for the most disciplined employee. We understand that this is not good, but we are not robots and we can afford to not show up to the workplace just once. You just have to come up with a valid and convincing reason.

How to skip work and not get fired

If you are lucky and have loyal management, then almost any excuse will do as an explanation for the reasons for missing a day of work.

In general, for absenteeism under strict management, any employee may well face dismissal. IN best case scenario- reprimand or fine. This means you will have to think in advance about how to skip work without consequences.

Absence from work — the most valid reasons

You can ask your boss in advance for an additional day of rest, or time off, for working overtime or on weekends. It won’t be paid, but it’s relatively legal to skip the boat – it’s quite possible. You must notify your intention to take time off in writing.

Another option for not showing up to work for a valid reason is to donate blood. Do a good deed in the morning and the whole day is at your disposal. This, of course, is not suitable for everyone. Not everyone can become a donor due to health reasons, and many of us are afraid of the procedure.

If you still decide on this option, fill out a certificate at the donor point and an official explanation of your reluctance to work today will be provided.

An alibi will be provided by a certificate stating that you visited a doctor, an entry in the outpatient card. You might feel bad and decide to urgently visit a doctor. But you should notify your superiors of your intention to seek medical help on the day you fail to show up for work.

A certificate of illness of a child or relative who needs your help - escort to the hospital, care, supervision - will also save you from trouble.

How else to skip work and not be fired: in case of an urgent call for a repair team to eliminate an emergency situation - problems with gas supply, a burst pipe, a clogged sewer.

But the installation of plastic windows or installation entrance doors Those who forced you to skip work will clearly anger your strict manager. If you can talk convincingly with your boss, you are lucky.

If you have the opportunity to obtain fake certificates, do not expect that you will get away with it. The number may work once or twice, but when you abuse it, management can check the authenticity of the documents.

Reason for no-show - what to say

Truancy, of course, is not good. But since this happens to almost everyone, let’s look at the most popular reasons for not showing up for work.

Most often, employees refer to poor health, and then there is a chance to take a day or two off from work.

For example, you caught a cold, and in order not to infect the team, you decided to get treatment at home. Look for the cause of a cold depending on the season - in winter - infection (infected from Yulia from the accounting department, picked up on a crowded trolleybus), in summer - air conditioning or draft.

Or you have a terrible migraine that will not give you the opportunity to work fully. Or you have a toothache - you will urgently need to visit the dentist.

The version of your food poisoning sounds convincing; this could easily happen to anyone. We ate something like this at a party or in a cafe - and this is the result. Just sit at home for a day.

You need to call with a complaint about your poor health early in the morning - this is more convincing, the voice of a sleepy person will sound more like a patient. In addition, you are very worried about your absence and warn about it in advance.

You can simulate a cold by sniffing water through your nose, which will create the illusion of a runny nose. When you return to work, continue to feign weakness and take some pills. Play the role until the end.

I missed work - what to do?

What to do if you missed work - write an explanatory note, and even before you are asked to present it. Describe more convincingly the reasons and circumstances of your absenteeism; it is better if the note is supported by some papers (certificates, telegrams, letters).

For example, a telegram about the urgent arrival of relatives, you must meet and accommodate them.

Those who work with clients can come up with a meeting with one of the respectable people as an excuse for their absenteeism: they played bowling (billiards, squash) and discussed the details of the future contract.

Sometimes a trivial fiction that your husband (child, mother) took both sets of keys and you couldn’t lock the apartment helps you get away with it.

Women have a completely natural reason for missing work - critical days.

Lack of transport, accident, disaster- these are completely valid reasons for not showing up at your place labor activity. In order not to be late for work as a result of such force majeure, you decided not to come at all and work this day fully at another time.

Each person may have a personal need to miss a day of work, but it is always better to negotiate with management and work out your hours later. Then there will be no need to rack your brains about how to skip work. A short break will help you work with more enthusiasm later.

Take it for yourself and tell your friends!