HOW SHOULD YOU RIGHT BE RELEASED FOR MISSING?

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Perepelchenko Anatolii

Specializes in criminal, civil and administrative law, recalculation of military pensions

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HOW SHOULD YOU RIGHT BE RELEASED FOR MISSING?

Reading time: 3 min.

 To avoid future litigation, the employee must be dismissed correctly, in accordance with the procedure prescribed by law.

 One of the most common grounds for dismissal is absenteeism. What exactly should be considered absenteeism? Absenteeism, according to current legislation, is the absence of an employee at work or during all working hours, or more than three hours continuously or in total during the working day. The absence of an employee should not be due to the presence of valid reasons for the employee.

 The law provides for a certain procedure for dismissal due to absenteeism. This procedure can be divided into several stages.

First, the absence of an employee must be recorded in some way. The employee must be absent both at the workplace and at the workplace. The law does not stipulate how such absence should be recorded. Therefore, in practice, as a rule, one of the employees writes a memo to the director on the same day about the discovered fact of the absence of another employee.

Secondly, it is necessary to draw up an act on the absence of the employee both at work and at work. The act can be drawn up in any form, but it must be signed by two employees. This can be done by the director and the chief accountant. The act must be drawn up on the day of the absence of the employee. Also, it is necessary to put a mark in the timesheet on the absence of a particular employee.

Third, it is necessary to find out the reasons for the absence of an employee in the company. The employer must take certain measures to identify the real reasons for the absence of the employee at work. As a rule, in practice, to find out the reasons for the absence of a person at work, the manager initiates an official investigation, during which the following actions can be taken: calling the employee, sending a message by mail. It is mandatory to take written explanations from the employee about the reasons for his absence from work. The head issues orders to provide the above-mentioned explanations. Based on the results of the official investigation, an act must be drawn up stating what measures have been taken to find out the reasons for the person's absence and whether the employee has provided written explanations.

Fourth, if the results of the official investigation reveal no valid reasons for the employee, the employer may dismiss the person due to absenteeism. To do this, it is necessary to issue a dismissal order, which must be handed to the employee against a receipt, make an appropriate entry in the employment record book, as well as on the day of dismissal to make a full settlement with the employee.

 Failure to comply with this procedure is grounds for a person to go to court to protect their rights, including reinstatement in connection with illegal dismissal, and payment of the average wage during the forced absence. Contact professionals for effective protection of rights.

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