An employee has gone missing – what to do? Long absence: difficulties of dismissal How to make all necessary payments

The labor legislation of the Russian Federation provides the employer with a number of tools for regulating relationships with employees. One of them is the application of a disciplinary sanction - dismissal - for violation of labor discipline, namely absenteeism. However, the application of this sanction against an employee requires compliance with the procedural order and the legality of the grounds.

We all understand that dismissal “under article” is not the most humane method.

But if an employee systematically violates internal labor regulations, he skips work. And all possible solutions, such as dismissal or, no longer help.

Then there is only 1 option - dismissing the employee for absenteeism. Today we will tell you how to do this correctly and legally.

What is truancy?

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Sometimes an employer or employee interprets the concept of “absenteeism” in their own way. For some, it is failure to show up for work without warning, for others, being late, and some believe that absenteeism is a refusal to do extracurricular work. To resolve disputes, you need to study what the law says. The legal definition of truancy is given in Art. 81 Labor Code of the Russian Federation.

Absenteeism is considered to be absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift).

To qualify absenteeism, the following conditions must be met:

absence for 4 or more hours;
unjust cause;
the offense is one month old.

Therefore, before dismissing an employee for absenteeism, it is necessary to establish that he was actually absent from the workplace, correctly determine the period of his absence and the reason why the employee did not come to work or left the workplace before the end of the shift.

What constitutes absence from work?

The procedure for dismissal for absenteeism clearly regulates the condition - absence from work. But what is considered a workplace? An office, company territory or a chair on which an employee sits while working?

In this matter, you should first study the job description and the employment contract with the employee, as well as the collective agreement, if any. Additionally, other local acts (orders, instructions, regulations) can be used that define the “workplace” for a specific employee.

For example, an instruction or order for a worker may indicate that his workplace is a specific machine or workshop number. In this case, absenteeism will be considered the time that the employee spent outside the workshop or at the machine.

If there is no clear concept of what is considered a workplace in local acts or labor agreements, then you need to be guided by Art. 209 of the Labor Code of the Russian Federation, which defines that a workplace is a territory where an employee needs to arrive to perform assigned functions. That is, the entire territory of the company.

Time away from work

The law gives an employer the right to dismiss an employee for absenteeism if the employee has been absent for 4 hours or more. It means that, If an absence of exactly 4 hours or less is recorded, then you cannot be fired for absenteeism. Yes, other disciplinary measures can be taken, such as a reprimand, but not dismissal. Having information on how to fire a person for absenteeism, employees sometimes take advantage of this four-hour period, which does not allow absence to be considered absenteeism.

How is time away from work calculated correctly?

Further, the period of absence does not include the lunch break. Reason – Art. 108 of the Labor Code of the Russian Federation, excluding the duration of the break from working time. Therefore, if, for example, an employee came to work at 14:20, but was supposed to at 10:00, while the break was set from 13:00 to 14:00, then this act will not be considered absenteeism, since the employee was absent only 3 hours 20 minutes.

The Labor Code of the Russian Federation allows you to take into account and summarize all periods when the employee was not on site, but only within one shift or day, depending on the established schedule. That is, periods of absence cannot be summed up over several days or shifts.

1 hour in the morning;
1 hour 10 minutes after lunch;
2 hours at the end of the shift.

In total, 4 hours and 10 minutes will be missed for the whole day. This can be qualified as truancy, subject to other procedural requirements.

Valid reasons for absenteeism

The legislator for the current 2019 does not define in any article of the Labor Code what are valid reasons for absenteeism. It is believed that this fact must be established within the framework of the proceedings, that is, separately in each individual case. In practice, a valid reason is one that arose not at the will of the employee.

That is, they recognize as respectful:

employee illness;
illness (death) of a close relative;
emergencies;
road accidents or accidents;
housing and communal accidents;
other.

Of course, valid reasons for absenteeism must be documented or otherwise confirmed, for example, by testimony of witnesses. Documents must be certified in accordance with the general procedure. For example, get a medical certificate, a copy of the accident report.

The law also does not consider absence of an employee with the consent of the manager as absenteeism. That is, if an employee “asked for time off,” then this is not absenteeism. But, as with other reasons, the fact of management’s permission must be proven.

Oral permission alone is not enough, because it will be impossible to prove it. In practice, the employer can take advantage of this “loophole”. Therefore, it is important to know what constitutes absenteeism without a good reason, absence from the workplace even with the permission of the manager, if there is no written confirmation of permission.

Step-by-step procedure for dismissal for absenteeism

The step-by-step instructions for dismissal for absenteeism provide the following procedure for going through all stages: from committing an offense - absenteeism - to the final entry in the work book.

It is important to comply with all procedural formalities to avoid litigation. After all, if the procedure for actions and paperwork is violated, the dismissal may be declared illegal in court, the employee may be reinstated in his position, and the employer may be required to pay compensation.

So the procedure for how to properly fire an employee for absenteeism:

Document the fact of absenteeism. This can be done by logging the employee's absence. The act is drawn up in the presence of witnesses (2-3 people). It is also permissible if the immediate supervisor submits a report on the commission of an offense to his subordinates to higher authorities.
. An explanatory note must be drawn up only in writing. Verbal explanations are not suitable. Duration – 2 days.
Based on the results, either the official investigation is closed or a report is drawn up. Also, if there is no explanation from the employee within 2 days, a corresponding one is drawn up (Article 193 of the Labor Code of the Russian Federation).
A decision is made to impose penalties. The right to fire for absenteeism is not an obligation, that is, the employer may not fire the employee, but apply another type of penalty.
A dismissal order is being prepared.
Familiarize the employee with the order.
Record your dismissal by making an entry in your work book.

Nuances of action during long absences

The situation when there is a long walk deserves special attention. When dismissing someone for long absence, the step-by-step instructions are almost the same as for normal dismissal, that is, there are discrepancies:

Record absence: compile, enter data in.
Draw up the need to appear and provide explanations.
Send notice to the employee at a known postal address.
After receiving notification of delivery, wait 2 days + the period required for delivery of correspondence.
If explanations are not provided and confirmation of receipt of the notification, draw up a report.
Take measures to determine the reasons for absence if notification has not been received. This stage is not mandatory, but recommended to avoid problems in a possible lawsuit later. You can make calls to the employee’s relatives and get their testimony.
Write down the activities carried out, recording the information received. Optional.
Design .
Draw up a report on the impossibility of familiarizing the employee with the order.
Enter information into the work book.
Make payment calculations.
Send a notification to the employee about the need to obtain a work book.

Due to the fact that the law establishes a period for disciplinary punishment of 1 month, it is necessary to carry out all actions as quickly as possible. Considering that letters are returned to the sender after a month of storage, we recommend sending a telegram asking for clarification.

It would also be reasonable to draw up daily reports of the employee’s absence during the entire period of absenteeism, or to record this in another accessible way, for example, by making notes in the arrival and departure log, in order to comply with the procedure for dismissal for absenteeism without a good reason.

Preparation of procedural papers

The first document that needs to be prepared is confirmation of the fact of absence. The most common option is to draw up a report, although a report can also be used, based on the results of which an official investigation is opened. After requesting an explanatory note, you must wait two working days. Immediately on the day of absenteeism, it is impossible to issue a dismissal order for absenteeism sample and terminate the employment contract.

As part of the investigation, a decision may be made to dismiss for absenteeism without a valid reason if the employee refuses to provide an explanation for why he was absent. Or he did not confirm the documented reason, even if he considers it valid. An act should be drawn up about this.

date of dismissal

If there is a dismissal for absenteeism, then on what day should the dismissal take place? Not an easy question. To make a decision, you must be guided by Art. 84.1 Labor Code of the Russian Federation. According to its contents, the employee’s last working day is the date of his dismissal, if for other reasons there is no place assigned to him. In the case of absenteeism, the last day that the employee worked was the day before the day of absenteeism, unless a valid reason was confirmed.

Therefore, if the absenteeism was a one-time occurrence and the employee subsequently appeared and gave explanations that were regarded as an unjustifiable reason, the date of dismissal and the order to dismiss for absenteeism will correspond to the day the explanatory note was received. if the absenteeism is of a long nature, the employee’s daily absences are confirmed by reports and time sheets, and explanations were never received, then dismissal is allowed on the last working day. However, dismissal dated on the day of drawing up the final act of lack of explanation will not be a violation.

Registration of a work book

Entering data into the work book is the final stage of dismissal. If you don’t know or are not sure under what article one is fired for absenteeism, then dismissal for absenteeism is regulated by Article 81 of the Labor Code of the Russian Federation. Information is entered into the employee’s work book based on the order. The registration data of the order itself is written in the column “Name and date of the document.” Sample entry in the employment record about dismissal for absenteeism:

First, the number of the serial entry is indicated; the deadline is not missed. Next, the date for entering the information is specified, which must coincide with the date of dismissal and issuance of the order. Next, the employment record of dismissal for absenteeism is indicated in words (). Afterwards the signature and title of the position of the responsible person are affixed. The record is certified by the company seal.

Sometimes an employer can terminate a contract and fire not for absenteeism, but if the employee is recognized as dead or missing. To do this, it is necessary to have a court decision (here in detail about) confirming this fact. The employer can initiate the process himself, or another interested party, for example, a relative, will file a claim.

The entry in the work book will look like this:

Special cases of dismissal for absenteeism

Not every absence from work is regarded as absenteeism, even if it has almost all the signs. For example, it will not be considered absenteeism if the employee does not want to go to work on a non-working day. However, there are exceptions to this rule, the same as when recalled from vacation. It is acceptable to have employees work on days off if this is required to recover from accidents or emergencies.

Dismissal and sick leave

It is unacceptable to fire someone if an employee is sick. If an employee was hastily fired for absenteeism, and he brought sick leave in the form of an explanation of the reason, then such an employee must be reinstated in his position, since the dismissal is unlawful. However, if the fact of concealment of illness and the presence of sick leave has been established, then during the trial the court may side with the employer, considering that the employee is abusing his rights and infringing on the rights of the employer (Resolution of the Supreme Court of the Russian Federation).

In their lawsuits, citizens explain the situation this way: “I was fired for absenteeism while I was on sick leave.” A certificate of incapacity for work is provided as proof. This is not enough; it is necessary to prove that the employer was notified that the employee was ill. Moreover, a citizen may be denied a claim if he refuses to give an explanation. Of course, if he could do it for objective reasons.

Can a pregnant woman be fired for absenteeism?

Employers often want to fire a woman in a position. Especially if she commits misconduct. However, the question is: “How to fire a pregnant woman for absenteeism?” - has a simple answer: “No way.”

The Labor Code directly prohibits any grounds for terminating an agreement with a pregnant woman at the initiative of the employer, except for the complete liquidation of the organization (Article 261 of the Labor Code of the Russian Federation). Can a pregnant woman be fired under this article if she has committed an offense? Yes, but only on the basis of Art. 336 of the Labor Code of the Russian Federation, which regulates the application of sanctions to employees of educational institutions.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

In order to terminate an employment contract with an employee, grounds are required, a list of which is given in the legislation. It is complete and is not subject to further interpretation.

But sometimes employers neglect the law and fire an employee only at will, without warning. What to do in this situation:

Types of dismissal

All grounds for dismissal specified in the Labor Code can be divided into three types:

at the initiative of the employee;
at the initiative of the employer;
for reasons independent of the will of the parties.

Therefore, before you go to appeal dismissal without warning, you need to find out whether the employer had the right to do so.

If dismissal occurs for reasons beyond the wishes of the parties, then in most cases it is not necessary to warn the employee. This includes:

dismissal due to expiration of the employment contract;
making an appropriate court decision;
deprivation of an employee of special permits and rights;
the employee’s health condition does not allow him to occupy this position.

When dismissing at the initiative of the employer, there is no need to warn when the employee is fired for a one-time gross or repeatedly repeated misconduct.

This is the main list of grounds for dismissal without notice.

But sometimes employers allow themselves to fire an employee without legal grounds:

reduce without carrying out the appropriate procedure;
dismiss for absenteeism without conducting an investigation;
dismiss while the employee is on sick leave, etc.

In all these cases, the head of the enterprise violates the law and his actions can be appealed.

What to do if dismissal is illegal

When dismissal is illegal, the employee has no choice but to seek help from the relevant authorities.

First of all, the application should be written to the labor inspectorate; it will conduct an investigation and may issue an order to reinstate the employee to his position.

How should an employee who is faced with the fact of dismissal behave?

There is no need to prove to the employer that he is wrong, and most importantly, there is no need to point out gross mistakes. You need to calmly pick up your due payments and work book. And then go to the State Tax Inspectorate or the prosecutor's office, or even go to court. The main thing is not to sign any documents other than the dismissal order, especially in retrospect..

Remember, the fact that the employee received a work book and signed for it does not make his dismissal legal. He does not even need to request copies of the documents that served as the basis for dismissal. The inspectors themselves will check everything during the investigation, and if at least one document is completed incorrectly, the employee will be reinstated.

Sanctions for illegal dismissal

Illegal dismissal of an employee threatens the employer with the following consequences:

the employee is reinstated to his position;
the employee is paid the entire average salary for forced downtime;
the employee is paid moral compensation;
an administrative fine is imposed on the employer.

In monetary terms, a fairly large sum can accrue, especially considering that the employee has three months to appeal against illegal dismissal. This means that he can begin to appeal the employer’s actions at the end of the third month. And if he wins the case, these three months automatically become forced downtime and are subject to payment, not only in the amount of the average salary, but also in the event of repeated dismissal, compensation for vacation not taken.

The dismissal procedure can occur for three reasons: the initiative of the administration or circumstances beyond the control of the parties to the contract. Labor legislation regulates each type of payment from the place of employment. Compliance with the established rules is mandatory for both parties, otherwise controversial situations arise that require judicial review.

The question of how you can fire an employee without his desire and comply with the law requires special consideration. In each such situation, there is a conflict between the parties, so maximum literacy is required from a legal point of view.

Reasons for dismissal by order of management

Termination of employment relations at the will of the administration in the vast majority of cases is associated with violations of labor regulations or local regulations of the enterprise, inconsistency with the position held and other violations.

According to Article 81 of the Labor Code of the Russian Federation, the reasons for termination of the contract are established by law, which make it possible to settle the employee without taking into account his interests.

The list is not closed, that is, it can be expanded in a specific situation. At the same time, management will be required to provide documentary evidence of its position if the case comes to the attention of supervisory or judicial authorities.

The main list of reasons for dismissal at the will of the administration provides for the following situations:

closing or . When employed by an individual entrepreneur, the possibility of such dismissal is the official termination of the employer’s activities;
the number of employees occurs or decreases. Both procedures must be carried out in compliance with established rules and without procedural violations;
the worker did not undergo re-certification and was unable to prove his professional suitability for his position;
in the presence of official penalties and disciplinary action. The period of penalties is considered for the annual period from the imposition of the first and subsequent penalties. As a rule, dismissal under the relevant article is used as a last resort, after several official misconduct;
in case of a single violation of the rules, which entailed serious consequences and caused significant material damage to the owner. Dismissal as a punitive measure is applied if, as a result of illegal actions during working hours, the perpetrators suffered physical damage to health or resulted in the death of other employees. First of all, citizens who grossly violate safety regulations lose their jobs;
one-time absenteeism or absence from a position for more than half a shift without good reason. Valid reasons include the proven inability to notify of ongoing emergency circumstances and the provision of certificates and evidence of the employee’s innocence;
recorded drunkenness or other inappropriate behavior during working hours;
when the fact of theft of the enterprise or other workers is proven in court or after an administrative investigation. Until the end of the procedural actions, the administration does not have the right to dismiss an employee under the relevant article;
disclosure of state secrets or internal secret information, including about the professional activities of other employees;
when opening a criminal case against persons who bear financial responsibility and have entered into a corresponding personal agreement or signed a collective agreement;
use of technical equipment or vehicles of the enterprise for personal purposes without the consent of management;
deprivation of trust when an employee associated with material assets is caught in a dishonest attitude to accounting or deliberately seeking selfish goals;
discovery that false information about personal information, education or professional certifications was provided during employment.

The list of guilty actions indicates the main characteristics of a conflict situation. The question of how you can dismiss an employee without his desire according to the law, first of all, provides for the reasons presented. In the vast majority of cases, management’s unreasonable desire to part with an employee for no apparent reason can be challenged in court and reinstated in the same place.

In relation to the management of an enterprise, there are additional reasons for terminating employment relationships without taking into account personal initiative.

These include the following reasons:

an unauthorized and purely personal decision that led to significant material damage;
change of ownership, when the new owner again forms the staffing table;
single gross violation of official regulations and official duties.

Additional conditions for forced dismissal have also been established for employees of federal and regional organizations and civil servants. This includes the provision of incorrect income declarations to the tax office, non-compliance with the ethics of a civil servant in relation to citizens who applied, the presence of foreign assets, and abuse of authority.

The law establishes a list of documents which are issued to the dismissed person at his request:

a copy of the employment contract concluded during employment;
administrative order to terminate cooperation;
a certificate of transfers made to funds during employment;
certificate of employment period, indicating the first and last working day.

The reason itself, together with the corresponding article of the Labor Code of the Russian Federation, is indicated in the work book of the former employee.

Compliance with the rules on the part of the employer

Legal justifications for refusing further cooperation with a citizen will be fully respected when carrying out the following mandatory conditions:

presence of an indication of the situation in the Labor Code of the Russian Federation;
consistent execution of the entire dismissal process, absence of violations of the regulations and the procedure for notifying the employee.

When staffing is reduced, the employee must be notified two months before the proposed event, which gives him the opportunity to find a new place of employment. In case of conflicts, when there is an evasion of familiarization with the order, the document is sent to the place of residence by registered mail. It is possible to draw up a report on the employee’s refusal to familiarize himself with the resolution; the document is signed by witnesses and representatives of the administration.

If the termination of work occurs at the will of the administration, when the dismissal is, then an explanatory note is required. The culprit must provide an explanation for his misconduct within two shifts, after which the case is transferred to a trade union or labor dispute commission.

The offender can be assessed for a disciplinary offense after the approval and positive decision of these authorities. It should be taken into account that after a month has passed after the violation was committed and recorded, it is not possible to dismiss and impute guilt.

In case of offenses that lead to criminal or administrative prosecution, the citizen cannot be dismissed until the decision of the relevant authorities. But in this situation, related to fraud, forgery or abuse of official position, the employee is transferred to a place that does not allow him to repeat such actions.

Eligibility of dismissal by decision of management

Disagreement with the decision to terminate the employment contract can be appealed to the labor dispute inspectorate, supervisory authority, that is, the prosecutor's office, or by filing a claim in court. Before going to court, it is recommended to obtain a decision from the commission, which indicates the violation committed by the employer.

If the inspector’s decision did not influence the management, then you can contact the prosecutor’s office or court. The prosecutor's office initiates an investigation at the enterprise to determine the legality of the justification for dismissing an employee without his desire. A positive court decision for the plaintiff will allow him to be restored to his lost position and receive compensation for forced absenteeism and.

How to fire an employee without his consent

When you have to release a subordinate from the obligation to cooperate not on his personal initiative, he is guaranteed a number of unpleasant emotions. If the employer's decision hurts the self-esteem of the fired person, this threatens with hidden grievances that could damage the company in the future. Don’t want to be at risk of having to litigate the legality of your dismissal in court? And unpleasant reviews about the enterprise, spread by the offended, can damage the image.

It is also not easy for an employer to decide with his power to radically change a person’s fate, especially if this happens for the first time. But when dismissal cannot be avoided, it is better to carry it out as correctly as possible.

Evaluation of sheepskin and dressing

Any leader, before pointing to the door, must ask himself the question: is it possible to avoid separation? You must first evaluate the reasons that prompted you to make a fatal decision and try to find minimally costly ways to solve them, allowing you to avoid dismissal.

Regular violations of labor discipline. Being late, leaving work early, appearing in an unacceptable state (for example, after drinking libations) naturally irritates the employer and negatively affects the quality of work. But even the Labor Code does not consider 1-2 such facts to be a justified reason for dismissal; first, it is proposed to use other measures of influence. The exception is truancy, but even in the case of this gross violation it is not necessary to immediately apply extreme measures. Perhaps it would be more effective to publicly reprimand the offender with a warning of future consequences. Most likely, after a reprimand in front of witnesses, the “candidate for freedom” will note that the employer is aware of his sins and he does not intend to let them go. In this case. He may well “come to his senses” and will not be lost as an employee.
Position mismatch. If an employee fails to cope with responsibilities, the reason may be a lack of awareness or practical experience. You can offer an internship with a skilled partner or advanced training courses. The employee you trained will be more grateful and loyal “cadre” than a recognized professional from the outside.
Personal motives. When an employee “does not fit into the team” or cannot get along with his superiors, it is not always his fault. The dismissal of a professional for this reason (the wording “agreement of the parties” will cover up the true motive) can cast a shadow on the manager himself, “a tyrant who does not value personnel.” If you really have to break up, it is better to actually reach the declared “agreement”, and do it respectfully.

Unconditional reasons

There are circumstances when parting with an employee is really necessary and it is better not to postpone it. Without regret, point to the door:

divulging official secrets and classified information;
someone who simultaneously cooperates with competitors;
who wastes company money;
allowing gross violations in work that could cause trouble for the offender himself and/or those around him.

With regret, but without fail we have to say goodbye:

with employees whose employment contract is not going to be renewed for one reason or another;
with abbreviated ones;
with all employees upon liquidation of the company.

IMPORTANT! When dismissing an employee for unacceptable actions, it is worth taking care of moderate publicity: this will serve as a lesson to other employees and warn other employers about unreliable personnel. In all other cases, the “velvet” option is preferable.

Mistakes during dismissal

When the moment comes for a decisive conversation, do not make psychological mistakes, which, unfortunately, are quite common in organizations during dismissal.

Mistake 1. “Not me”

To avoid a painful scene, the manager asks the secretary or another subordinate to tell this news. At the same time, the “messenger with bad news” can neither answer questions nor prove that the decision was actually made by management. He only takes the blow on himself, receiving undeserved negativity. As a last resort, the participation of a personnel officer is acceptable, but still, dismissal, like hiring, is the responsibility of the manager.

Error 2. “Have you heard everything? He's fired!

Sometimes employers prefer to announce dismissal in the presence of third parties in order to smooth out the outburst of emotions and obtain witnesses. This puts the person being fired even more in an awkward position, humiliating him in front of strangers. It is correct to conduct all unpleasant conversations one-on-one.

Mistake 3. “Two days alone with pain”

It is better not to present difficult news before the weekend, ruining it for the person being fired; it is more productive to do it at the beginning of the week. Then the employee will have the opportunity to immediately plan for future employment, he can begin to act immediately, which alleviates stress.

Mistake 4. “Long foreplay”

You can briefly thank the person for their cooperation, a slight apology is not forbidden, but you should not “cut the tail in parts”, stretching the procedure for longer than 15-20 minutes. The person being fired is especially annoyed by the long praises before the announcement. That the company no longer needs him.

"Contactless" dismissal

Rather than shocking an employee with unexpected news, you can create a specially predicted situation that pushes the employee to think about quitting:

outplacement: services for active employment of an employee even before his dismissal (recommendations to other employers, distribution of his resume, etc.);
"silk fetters": an employee is given a task doomed to futility (after a while, the inappropriate project is closed, and the employee finds himself gently removed from the company’s affairs);
"anti-poaching": the dismissed person is offered a new position, having secured the consent of another employer, who allegedly assessed the promising employee;
insulation: the employee is gradually pushed away from the social life of the company, and he himself understands that he has become “superfluous”;
"ruble whip": allowances are removed, the next bonus is not paid, the paid workload is reduced or the unpaid workload is increased - and, most likely, the employee will soon quit;
gossip: if a person “accidentally” finds out in advance that his position will be reduced in the future, he will have the opportunity to look for a new job in advance, and he will not be dumbfounded by the unexpected “freedom”.

The perfect dismissal

Prepare the soil: use one of the above methods.
On Monday or Tuesday, invite the employee to your office and offer to sit down.
Show respect: in two or three sentences, highlight the positive aspects of the employee and celebrate his successes. Don't be verbose, otherwise he will decide that the dismissal is unfair.
Briefly state why the company will no longer do business with him. If possible, do not focus on the employee’s guilt, because in the case of, for example, layoffs, there is practically no guilt. If someone who is truly guilty is fired, then he already knows why and for what (after all, you warned him in advance, see above). Instead of “it’s my own fault,” try using “thank you.”
Give the opportunity to respond to the message. Answer questions if any arise. Treat a possible outburst of emotions calmly. Listen to accusations or pleas and calmly respond when the flow dries up: “I’m sorry, but the decision has already been made.”
After a short pause, express confidence that the employee will be able to realize himself in conditions that are more suitable for him: his skills will definitely be appreciated in another company. If appropriate, you can add that the employee has “outgrown” the framework of this organization, and dismissal for him is a new start for the next round of his career.
Discuss the amount of severance pay and other nuances of dismissal.
Finally, here are some tips for getting a new job. Re-emphasize the employee's strengths. If there is another employer in mind with a suitable vacancy, promise a good recommendation.

The entire conversation should not take more than 20 minutes.

To summarize, we can conclude that if the employer has time to wait and does not want to say “You are fired” to the employee’s face, then you can try to use contactless dismissal, unobtrusively creating an uncomfortable atmosphere for him. Otherwise, you need to muster up the courage, if necessary, and, taking into account the tips listed above, inform the employee that he is free.

If an employee decides to terminate his employment relationship with the employer, he writes a corresponding statement two weeks before his actual departure (Article 80 of the Labor Code of the Russian Federation). The date specified in this document is the day of dismissal, on which the employer is obliged to provide the employee with his work book and make all necessary payments (Article 84.1 of the Labor Code of the Russian Federation).

Everything described above is quite obvious. However, the legislation allows for a slightly different development of events. So, if on the day of dismissal the work book was not filled out, and payments were not made and the employee himself does not insist on this, then in fact the employment contract continues to be valid (Part 6 of Article 80 of the Labor Code of the Russian Federation). In this case, the employee must write a statement of his consent to continue working. Does this rule apply if the employee simply does not show up to the organization on the day of dismissal?

Lawyers argue that focusing on him in this case is very dangerous for the employer. For each day of delay in the dismissal procedure, the employee is entitled to compensation in the amount of his average daily earnings for each day.

What to do if an employee deliberately does not come to the organization to get his work book, trying to earn compensation or prevent dismissal? In order to be able to prove his case in court, the employer must do only five actions in the event of an employee’s failure to appear at the company on the day of termination of the employment contract:

Firstly, issue an order to dismiss the employee in accordance with the general procedure;
Secondly, put a note on the order that it is not possible to familiarize the employee with its contents due to his absence from the workplace on the day of dismissal;
Thirdly, on the same day, transfer all payments due to him to the employee’s bank account (salary card) or record their deposit at the cash desk in accounting documents;
Fourthly, enter information about the dismissal in the work book and the employee’s personal card;
Fifthly, send a registered letter to the employee’s residential address, available in his personal card, with a notification of the need to pick up the work book or consent to send it by mail.

If all the above documents are available, the employer can rest assured that the lawsuit brought by the employee will be resolved in favor of the organization. The details of all the above steps are described in this article.

Issuance of a work book

One of the key responsibilities of the employer is to hand over to the employee his work book directly on the day of termination of the employment contract (Article 140 of the Labor Code of the Russian Federation). Despite all his desire, it will not be possible to fulfill this condition if the employee does not show up to the organization on the day of dismissal.

Many workers also ask the question: “What happens if I don’t show up to collect my paycheck on the day of my dismissal?” After all, the reasons for non-appearance can be quite valid.

In any of the cases, in the absence of an employee, events develop according to the following scenario:

HR department specialists make a record of dismissal in the work book, indicating the reason, grounds and the relevant article of the Labor Code of the Russian Federation;
A similar entry is made in the employee’s personal card (form T-2), which is subsequently transferred for storage to the employer’s archive;
A registered notification letter is sent to the employee’s home address (it can be found in the employee’s personal card) on the same day, in which the employee is asked to come to the company and pick up his work book or write a written consent to send it by mail.

Many personnel workers doubt that the letter can find its addressee due to the fact that the employee has changed his address of residence. However, the employer has no responsibility for this: Since the employee did not notify him of a change of place of residence, the address written on the personal card is considered current.

When sending a registered letter, the employer will have in hand a document from the post office with the date of delivery. From this moment on, he is completely released from liability for untimely issuance of a work book (Articles 25 and 27 of the Code of Administrative Offenses of the Russian Federation).

There are two cases when the employer is released from responsibility for issuing a work book even without sending a notice:

If the employee is dismissed at the initiative of the employer due to a gross violation of labor discipline (Article 81 of the Labor Code of the Russian Federation);
If the employee was convicted and the sentence came into force before the date of dismissal (Article 83 of the Labor Code of the Russian Federation).

How to make all necessary payments?

Russian labor legislation contains fairly precise recommendations on how to notify an employee of the need to withdraw his work book. But there is practically no information on how to make all the necessary calculations with it. At the same time, late payments are fraught with financial liability for the organization (Article 236 of the Labor Code of the Russian Federation). What actions should you take?

Employee salary card. The implementation of salary projects in most Russian organizations allows the employer to pay the employee without his personal and direct presence. To do this, he simply needs to transfer all payments due to the employee to his salary account in the bank on the day of dismissal. The date the funds were credited will be saved in the database, which will relieve the organization of liability.
Depositing funds. The situation is somewhat more complicated when paying salaries through a cash register. On the day of dismissal, the required amount is deposited in the account at the cash desk, and the employee is notified of the need to receive a payment in a letter about the work book. However, in this case, the employer is not relieved of responsibility for the timely issuance of funds: he will still be charged a fine in the form of interest (Article 236 of the Labor Code of the Russian Federation).

If the funds are not deposited, the organization will have to pay not a fine, but a more impressive compensation for each day of delay in payment.

Order of dismissal in case of employee failure to appear

The entire process of terminating an employment relationship with an employee, even if he did not appear at the company on the day of termination of the employment contract, begins with the execution of a dismissal order.

Under what conditions can you safely issue a dismissal order without fear of unpleasant legal consequences?

Firstly, the HR department has a resignation letter written by the employee himself, indicating a specific date for termination of the employment relationship;
Secondly, the employer has no information about the employee’s withdrawal of the application;
Thirdly, the employee did not submit an application to continue working after the date of dismissal (if there is such an application, the employee works in the company until a suitable candidate is found in his place).

If all three conditions are met, then on the day of termination of the employment contract, regardless of whether the employee came to the organization or not, a dismissal order is issued.

At this stage, a new difficulty arises: the employee is introduced to the dismissal order in person, after which he signs in a special journal (Article 841 of the Labor Code of the Russian Federation). However, it is often not possible to obtain it for two reasons:

The employee openly refuses to confirm his familiarization with the text of the dismissal order;
The employee is absent from the workplace on the day of termination of the employment contract.

With this development of events, you can take advantage of a very convenient assumption of labor legislation - make an appropriate entry on the dismissal order:

“The order cannot be brought to the attention of the employee due to his refusal to familiarize himself with its contents”;
“The order cannot be brought to the attention of the employee due to his absence from the workplace on the day of termination of the employment contract.”

It only remains to add that labor legislation contains information about who exactly should make such a record (the manager or inspector of the personnel service), as well as that witnesses are required to confirm it. Based on this, it would be correct to do the following:

If the employee refuses, the HR inspector makes an entry in the order and certifies it with the signature of two witnesses from among the employee’s colleagues;
In the absence of the dismissed person at the workplace, both the manager and the personnel officer can make a record, and then certify it with his personal signature.

With such design options, the legal requirement can be considered fulfilled.

If an employee does not show up to the workplace on the day of dismissal, this is not a reason for the employer to delay the dismissal procedure. The entire process must be carried out in the usual manner: a dismissal order is issued with a corresponding entry, payments are transferred to the employee’s account, and a notification is sent about the need to pick up the work book.