PROCEDURE FOR DISMISSAL OF AN EMPLOYEE FOR ABSENTEEISM

 Each company has a person in the staff who is responsible for personnel work and record keeping. This is usually either an accountant or a human resources manager.

 This person is responsible for the correctness of personnel records, compliance with the procedure for hiring employees, transfer to another position, dismissal, and so on. The current labor legislation contains one unpleasant norm for the employer in case of violation of the dismissal procedure: the payment of average earnings for the period of forced absence when returning to work. That is, if a person was dismissed (at the initiative of the employee, owner or his authorized body, with the consent of the parties or for other reasons) but procedural inaccuracies were made in the procedure, the person may resume work and demand payment of his average salary for the entire litigation. at the time of dismissal, although in fact the employee did not perform his duties. To avoid such a financial risk for the company, today we will consider the situation of proper dismissal of an employee in connection with absenteeism, ie on the basis of Part 4 of Article 40 of the Labor Code of Ukraine.

≡ To begin with, it is worth noting what is considered "absenteeism"?

 Thus, according to labor law, absenteeism is the absence of an employee from the workplace for more than three hours without good reason. Here it is necessary to emphasize two aspects:

• Objective absence from the workplace for three hours is not due to the employee's performance of their duties (absenteeism is not the departure of the employee from the office for work to the client, the post office, etc.).
  Establishing the lack of seriousness of the reason for such absenteeism. As practice shows, there are problems with this situation, as the employee may not show up for work due to, for example, illness. To do this, you should contact the employee and establish the real reason for absence from work.
• In case of establishing the absence of valid reasons for the absence of the employee at work, the person responsible for personnel records is recommended to write a report (official) note that a particular employee is not at work without good reason. Then, on the basis of this memo, the manager should create a commission of three people, which established such a fact by an act of checking the absence from the workplace.

 The report and the act may be the basis for the issuance of an order on the company to apply to the employee a penalty for absenteeism in the form of dismissal and an order for dismissal for absenteeism. A mandatory condition for the lawfulness of dismissal is the notification of the employee about these facts and the delivery of copies of orders. If the employee does not get in touch, the notification and delivery of orders can be done by mail with a mandatory notification of delivery. Another important aspect is to make a full settlement with the employee on the day of dismissal or no later than the next day after the claim (if the employee did not work on the last day).

 Thus, the proper management of personnel records of the enterprise is extremely important. Prikhodko & Partners Law Firm provides accounting and personnel services, please contact us, we will be happy to help you.