There is a 70% chance of a positive outcome. When initiating a labor dispute, the employee does not pay a fee. The employee needs to send a statement of claim to the court. It sets out the circumstances of the case.
Info It makes sense to make a link to Article 81 of the Labor Code of the Russian Federation, which specifies the concept of absenteeism. In particular, absenteeism means the absence of a valid reason for absence. It should be stated that the certificate is confirmation of the presence of a valid reason. Liability for falsifying a medical certificate An employee will most likely not be fired if the certificate is provided. However, this only applies to cases where the employee has provided a real certificate. If the document is fake, the person will face inevitable responsibility. Providing false documents falls under Part 3 of Article 327 of the Criminal Code of the Russian Federation. She attached the certificate to her time sheet as confirmation that she was absent from work for a valid reason. This day was not formalized by order. Was it necessary to issue an order to provide a day without pay? No statement was received from the employee. Answer: If an employee does not show up for work, a report on his absence for an unknown reason is drawn up, and “NN” is written on the working time sheet. On the day of going back to work, you should request a written explanation from the employee (Article 193 of the Labor Code of the Russian Federation), in which he must indicate the reason for visiting the doctor during working hours, without prior warning of his absence during the entire working day (and not just during the appointment) . The employee is obliged to notify his immediate or superior manager about the deterioration of his health; to do this, just call him by phone. The issuance of a certificate of incapacity for work over the past period of time can be carried out in exceptional cases by decision of the medical commission when a citizen applies to a medical organization or when a medical worker visits him at home. Thus, the sick leave should have been issued to the employee on the day of his visit to the dentist, i.e. on Friday. For some reason, this was not done (perhaps the employee relied on the employer’s loyalty, or maybe he was so absorbed in pain that he simply forgot to go to the reception desk to claim sick leave). Is it possible to confirm the fact of illness in another way? We believe that in the situation under consideration – quite! A certificate, like a sick leave, is issued on the basis of an entry in the medical record of an outpatient (inpatient) patient, justifying the need for temporary release from work. For example, sick leave certificates are not issued to schoolchildren.
HR consultations all HR consultant Valentina Petrovna Skobtsova answers questions. 04/25/2018: When making an entry when hiring for the position of head of a kindergarten, a mistake was made: they missed the words “for the position”, they simply indicated “accepted by the head of the kindergarten... " Should the entry be invalidated and a new one made? Answer... 04/17/2018: The employee wrote in ONE application for leave on 04/28/2018, on 05/3/4/2018. Wouldn't this be a violation? And will it be correct to apply in ONE order for the provision of leave for these days or is it necessary to make separate documents (2 applications, 2 orders)? Answer…
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The employer is obliged to pay sick leave for its employees. He does not have the right to dismiss an employee who does not show up for work due to illness, if it is confirmed by the appropriate document. This document is a sick leave certificate. But what to do if the employee presents a certificate instead of a sheet? When does a doctor issue a certificate instead of a sick leave certificate? As a rule, sick leave is issued in case of illness.
The certificate is provided in exceptional cases. Consider these cases:
- The employee went to an out-of-town clinic. For example, a person fell ill while on a business trip. He plans to return to his city and open a sick leave there. In this case, the doctor issues a certificate, which confirms the visit to the hospital.
- The employee discovered the illness while in another state.
But the next day, the truant brought a certificate from the clinic, which showed that on Friday he actually had an appointment with a dentist. So is it possible to punish an employee for absenteeism with a certificate, and not a sick leave? Moreover, it was not received on the day of the doctor’s visit, but some time later... Let’s figure it out. First of all, what is truancy? This is an 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) (Article 81 of the Labor Code of the Russian Federation ). Please note that the law does not provide an unambiguous definition of the validity of these very reasons. Of course, hardly anyone will accuse an employee of not respecting the reason for his absence if he was really sick. Today, Russian legislation allows an employee to be absent from the workplace for three days a year, upon a separate application requesting leave at his own expense. In other cases, the employee must justify his absence from work with an official document. Otherwise, it will be considered as truancy. Employees of the personnel departments of various enterprises and organizations in our country often have to deal with ambiguous situations related to the organization of personnel policies, the distribution of wages, determining the status of an employee’s absence from the workplace and many other numerous aspects. In this context, the issues of employees visiting their workplaces deserve special attention. This right consists of the opportunity for any employee to be on so-called unpaid leave for three days a year, and these three days should not be consecutive to each other. It is important that these days the employee may not explain the reason for his absence from the workplace at all. The only condition for this remains the need to first write an application to receive vacation days “at your own expense.” The federal laws of the Russian Federation, as well as its Labor Code, establish fairly specific provisions and norms according to which the procedure for the work of personnel departments is regulated, in particular, by determining the attitude of an enterprise or organization towards employee absences from working days. It is important that the HR department only recognizes those medical certificates that were issued to people who have compulsory health insurance.
How to write an explanatory note for absenteeism at work
No one will write in the explanatory note that he met a beautiful girl and could not part with her. To explain such absenteeism you will have to use your imagination. The main thing is not to forget that it is necessary to explain not only the absence from work, but also the inability to call in a timely manner.
- He got into a fight and spent the whole day in police custody until his innocence was revealed. The phone was taken away and they were not allowed to call.
- The police detained me to check my documents, I didn’t have my passport with me, and they weren’t allowed to call me.
- While walking the dog, a bull terrier attacked and seriously injured the pet. I immediately went to the vet, but didn’t take my phone with me.
- I was at the dacha, in the forest, fishing, my car broke down, there was no connection.
- Stuck in an elevator with no connection.
When drawing up your version, you should take into account that the manager can check the veracity.
You need to make sure that there are no mistakes when writing, or replace this word with a synonym. How to correctly write an explanatory note so as not to be punished How to write an explanatory note at work about a mistake: sample, template, examples If an employee made a mistake, he will have to write an explanatory note, regardless of what caused his inattention. Most mistakes at work occur due to fatigue, stress, inattention or lack of experience. Any of these reasons can be indicated in the explanatory note. The main thing is at the end of the note to promise to be more attentive in the future, and to make efforts in life to ensure that this does not happen again.
Absenteeism at university: is it acceptable and what does it mean?
If a student cannot avoid completing a course or dissertation, then attendance at classes is much easier.
Difference between absenteeism and truancy
Absence from classes may be for a valid or unexcused reason. Valid grounds include those moments in a student’s life that can be documented: illness, death of a close relative, summons to court, etc.
Absenteeism for an unexcused reason is called truancy. It is carried out solely at the whim of the student: he overslept, simply did not come to a lecture or seminar, was tired, was late somewhere, etc.
Absenteeism at a university is unacceptable, but some teachers make small “indulgences” for students, forgiving them 1-3 absences. Students also have a chance to rehabilitate themselves: to do this, they will have to “work off their truancy.” This is done simply: it is enough to provide lectures in writing, answer a couple of questions from the teacher, but seminars will have to be answered in full. Only missed topics are covered.
If a student missed more than 50% of classes and was unable to pay off debts in a timely manner or make up absences, then he may have serious problems: inadmissibility to the session, academic debt and, as a result, expulsion from the university.
Before deciding to skip classes, study the university regulations. This document describes all possible consequences and requirements for “truants.” Moreover, the rules may differ in different universities. In some places they will require simple work, and in others they will expel you without any discussion for poor academic performance and failure to comply with the requirements of the educational institution. The more prestigious the university, the stricter its rules.
Explanatory absence from work due to health reasons
It is important to indicate the time accurately. In some cases, it is better to draft the text together with a lawyer. How to write an explanatory note at work about an incident: sample, template, examples How to write an explanatory note at work about violations after an inspection: sample, template, examples If an inspection at work reveals violations, it will not be possible to avoid explanations in writing. But it is possible to remain unpunished only if such violations were discovered for the first time, and the employee himself enjoys trust and respect. In any case, in the explanatory note you need to repent and promise that in the future the violations will be corrected and will never happen again. However, if violations were discovered not for the first time, there is nothing to hope for - a well-deserved punishment will not take long to arrive, regardless of what is written in the note. Example of an explanatory note about absenteeism: To the Director of Alpha LLC, A.A. Bukin. From manager Semenov A.A. 08/28/2015 Sales Department Explanatory note About absence from work On 08/27/2015 I was absent from work during the day due to poor health and high temperature. A certificate from a medical institution is attached as confirmation. Manager signature A.A. Ivanov Based on the memo and other documents, the manager makes a decision on disciplinary action and its necessity - an order on disciplinary action for absenteeism.
When to submit a resignation letter for health reasons
It is important to understand that if an employee wishes to continue working for a given employer, there is a high probability of detecting violations in the dismissal procedure on this basis. Namely, the proposed work. The employer is obliged to offer all available positions that are suitable for the employee. And not only in the same branch (for example). In such cases, the employee can file a claim for reinstatement at work, recovery of wages, and compensation for moral damage.
But if the employee is not at all interested in continuing to work, both with this employer and in principle, he can submit a letter of resignation under clause 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation. At the same time, he can be fired while on sick leave. Also, in accordance with the application, he may be granted another vacation with subsequent dismissal (by agreement with the employer). Also, an employer can ask for an application for dismissal for health reasons if there are no vacancies at all, in order to further protect themselves from complaints to the labor inspectorate or the prosecutor's office.
An explanatory letter from parents to school is a kind of document confirming the fact that absence from classes occurred for a good reason. In the explanatory note, one and the parents in free form sets out the reasons for their child’s absence from classes at school. Increasingly, schools are asked to provide an explanation if a child was absent from school without having a sick leave certificate. If your child missed a day or two due to health reasons, but you did not see a doctor, an explanatory note about the child’s absence due to health reasons is quite suitable.
To work for the director (pass and absence)
Absence of a person from the workplace is a serious violation of the employment contract. A misdemeanor is considered absenteeism unless there is a good reason. The Labor Code does not indicate a specific list, so the manager independently decides how to influence the employee, based on the explanatory note.
Example: absence from work
"General Director of Elektropribor LLC"
Regarding absence from work ___.___._______ year
I, Ignatyuk Valentin Semenovich, did not go to work for ___.___._______ year due to a sharp deterioration in health. The day before was my wife’s birthday, where I did not calculate my own strength in drinking alcohol. That evening I went to bed early and was planning to go to work, but during the night I felt sick several times, and in the morning I couldn’t physically get out of bed. I didn’t call an ambulance, so I can’t provide a medical certificate about deteriorating health. I do not belong to the category of drunken citizens, which is confirmed by my going to work ___.___._______ in excellent appearance. I understand that I have committed a serious offense. I guarantee that this won't happen again.
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 it comes to 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. Urban public transport, which runs at regular intervals, is something completely different.
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.
To the boss about being late for work
Lateness is a person’s absence from work for less than 4 hours. Otherwise, such an act is regarded as absenteeism and entails dismissal. Being late does not imply extreme punishment unless the situation is repeated many times.
Example: if a person overslept
"To the director of the grocery store"
According to being late for work ___.___._______ year
I, Larisa Ivanovna Medvedeva, was 40 minutes late for work ___.___._______ year. I can explain what happened by saying that I overslept due to the alarm clock not working. This is the first time this has happened. The clock stopped at 6:30. Apparently the battery is dead. I woke up on my own at 7:30. Unfortunately, I didn't have enough time to make it in time for the store opening. I apologize and assure you that this will not happen again.
___.___._______ city________ Medvedeva L.I.
If a child gets sick
"General Director of Stroyservis LLC"
Regarding being late for work ___.___._______ year
I, Valentina Vasilievna Kudryavtseva, was 2 hours late for work ___.___._______ year. The reason is that my son got sick. In the morning I woke him up for kindergarten, but noticed an increase in temperature. When measured, it turned out to be 37.9. I called an ambulance and at the same time called my mother so that she could come and look after the child. Considering that she lives on the other side of town, this took time. I couldn’t leave one child at 5 years old. The ambulance gave an injection and advised me to call the local pediatrician. I am enclosing a certificate from the doctors that the child really needed help.
___.___._______ city________ Kudryavtseva V.V.
Traffic jams
"To the Director of Tekhplastinvest LLC"
Regarding being late for work ___.___._______ year
I, Gennady Petrovich Davydov, was late for work due to a sudden traffic jam on Nosovskaya Street. I travel to work along this route every day, so I calculate the time for possible traffic jams and know the approximate situation. This time the traffic jam was caused by a major accident involving several cars that completely blocked traffic. All drivers had to turn around and look for detours. Considering that the flow was dense, movement in the opposite direction was carried out slowly. As evidence, I am attaching a photo from the scene of the accident that I managed to photograph, as well as the situation on the road.
___.___._______ ________Davydov G.P.
In case of an accident
"To the director of the Auto Parts store"
Regarding being late for work ___.___._______ year
I, Sergey Vladimirovich Sviridov, was late for work ___.___._______ year because I got into an accident. The accident happened at the intersection of K. Marks and Sovetskaya, when I was turning left on green, and a car was coming towards me at a yellow traffic light. Despite the fact that there was no major damage, it took a lot of time to complete paperwork, visit the traffic police department and the insurance company. All procedures had to be done on the same day.
___.___._______ city ________ Sviridov S.V.
On the possibility of skipping procedural deadlines due to Covid-2019
The fight against the spread of coronavirus infection is in full swing. By Decree of the President of the Russian Federation dated March 25, 2020 No. 206, the days from March 30 to April 3, 2020 were declared non-working. Then the non-working period on the basis of Decree of the President of the Russian Federation dated April 2, 2020 No. 239 was extended until April 30, 2020. At the same time, the activities of many organizations were suspended, and citizens were significantly limited in their right to leave home (clauses 3.2, 8.1 , Decree of the Mayor of Moscow dated 03/05/2020 No. 12-UM as amended by Decree of the Mayor of Moscow dated 04/04/2020 No. 39-UM).
Certain restrictions did not pass by the judicial system either. On March 18, 2020, the Resolution of the Presidium of the Supreme Court of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation dated March 18, 2020 was issued, in which the courts were ordered from March 19, 2020 to April 10, 2020 to suspend personal reception of citizens and to consider cases only of an urgent nature, as well as in the order writ and simplified proceedings, which do not require the personal presence of the participants in the process. In a similar, but somewhat more detailed manner, on the basis of the Resolution of the Supreme Court of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation dated 04/08/2020, the limited operation of courts in pursuance of Decree of the President of the Russian Federation No. 239 was extended until 04/30/2020.
As we see, the courts did not suspend, but limited their work, concentrating on the most important categories of cases and cases that can be considered without calling the persons involved in the case.
At the same time, both decisions of the Presidium of the Supreme Court of the Russian Federation stated that participants in trials were recommended to submit all procedural and other documents either electronically or by post.
The Ministry of Labor of Russia, in letter No. 14-4/10/P-2741 dated March 27, 2020, clarified that organizations operating in the communications sector, including the postal sector, are classified as continuously operating organizations whose employees are not subject to the non-working regime days in accordance with paragraphs. “a” clause 2 of the Decree of the President of the Russian Federation dated March 25, 2020 No. 206 and in accordance with clauses. “a” clause 4 of Decree of the President of the Russian Federation dated April 2, 2020 No. 239, which, however, did not prevent the Russian Post from closing all post offices for the period from March 30 to April 5, 2020, with the exception of post offices with round-the-clock operation (for example , OPS 10100 on Myasnitskaya Street in Moscow) and a closed type OPS[1]. On April 8, it was announced on the Russian Post website that its branches would continue to work during non-working days, however, their work schedule may differ from the usual [2], while everyone was also strongly recommended to use the remote services of the Russian Post to send correspondence.
In the context of declaring such a long period of non-working days, imposing restrictions on citizens on their movement, and reducing the overall level of access to justice, the issue of compliance with procedural deadlines by participants in civil, criminal and administrative cases is acute.
I would like to consider the problems of meeting deadlines in relation to the current situation precisely within the framework of the civil process, which is regulated by the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the CAS of the Russian Federation. This problem is most noticeable in cases where the procedural period ends during the period of declared “non-working days”, and first of all, the participants in the process will be concerned about the fate of the deadlines for filing appeals and cassation complaints, and, possibly, providing procedural documents and evidence within the framework of simplified proceedings. In my opinion, when discussing this problem, it is worth highlighting two main groups of issues: the expiration of procedural deadlines and the restoration of procedural deadlines.
Expiration of procedural deadlines.
It is worth noting that the suspension of procedural deadlines is possible only if the proceedings in the case are suspended (Article 110 of the Code of Civil Procedure of the Russian Federation, Article 116 of the Arbitration Procedure Code of the Russian Federation, Article 941 of the Code of Arbitration Procedures of the Russian Federation), which is possible on the grounds provided for by law, about which the judge must make a ruling, therefore introduced so-called mode “non-working days” in itself should not suspend the progress of procedural deadlines . In this case, the general rules of calculation and expiration will apply.
Currently, all three procedural codes[3] establish almost identical rules for the calculation and expiration of procedural deadlines. Thus, the procedural period, calculated in days, does not include non-working days (paragraph 2, part 3, article 107 of the Code of Civil Procedure of the Russian Federation, part 3, article 113 of the Arbitration Procedure Code of the Russian Federation, part 2, article 92 of the CAS RF [4]), and if the last day of the procedural period falls on a non-working day, then the end of the period is considered the first working day following it (part 3 of article 108 of the Code of Civil Procedure of the Russian Federation, part 4 of article 114 of the Arbitration Procedure Code of the Russian Federation, part 2 of article 93 of the Arbitration Procedure Code of the Russian Federation).
The first question we are faced with is: do “non-working days” declared by Decrees of the President of the Russian Federation refer to non-working days in the sense of the specified articles of the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the CAS of the Russian Federation? From the point of view of the Ministry of Labor of Russia, which is set out in paragraph 3 of the Recommendations presented in letter No. 14-4/10/P-2696 dated March 26, 2020, in the prism of labor law, these non-working days do not apply to either weekends or non-working holidays . It turns out that non-working days declared by the President of the Russian Federation, in the opinion of the Russian Ministry of Labor, are “non-working days” of a special kind, so to speak, “non-working days” sui generis.
In paragraph 2 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 No. 99 “On procedural deadlines,” it was explained that non-working days include weekends and non-working holidays. Weekends are Saturday and Sunday , and the list of non-working holidays is established by the labor legislation of the Russian Federation.
If you read the Decrees of the President of the Russian Federation, you can come to the conclusion that non-working days are established not as a general rule, but in relation to employees and employers of organizations in certain fields of activity. Clause 2 of Decree of the President of the Russian Federation No. 206 and clause 4 of Presidential Decree No. 239 define categories of organizations to which these decrees do not apply, therefore, no “non-working days” apply to employees of these organizations.
So what's the bottom line? Should “non-working days” declared by the President of the Russian Federation be excluded from the time limits calculated in days, and should the procedural period be extended if its end falls on these days, in conditions when during this period the courts work and consider certain categories of cases, when employees Do the court staff accept documents received in electronic form, when are postal offices open through which documents can be sent to the court?
Unfortunately, it is worth recognizing that there is a reason for discussion, and, consequently, the basis for the formation of different approaches. However, in my subjective opinion, the “non-working days” declared by the President of the Russian Federation were perceived by society as the announcement of additional days off, which are traditionally recognized as Saturday and Sunday, therefore, such non-working days should not be taken into account when calculating the periods determined by the days.
April 11, 2020 Deputy Chairman of the RF Supreme Court V.V. Momotov, during a speech[5] at the St. Petersburg International Legal Forum 9 ½, stated that non-working days declared by the President of the Russian Federation, by analogy with paragraph. 2 hours 3 tbsp. 107 of the Code of Civil Procedure of the Russian Federation should not be included not only in terms calculated in days, but also in terms calculated in years and months (this is justified by the fact that such a long period of non-working days has never been legally established before). It is likely that this kind of clarification will be contained in the clarifications being prepared by the Supreme Court of the Russian Federation, which was also reported by the Deputy Chairman of the Supreme Court of the Russian Federation. However, it is not entirely clear how this relates to V.V.’s instructions. Momotov on the fact that if the end date of the procedural period falls on the period from March 30 to April 30, then the day of its end is considered the first working day following it (Part 2 of Article 108 of the Code of Civil Procedure of the Russian Federation), as well as with his judgment on whether that the restrictions imposed by the high alert regime may limit the ability of citizens (nothing was said about organizations) to exercise their procedural rights, then this circumstance is the basis for restoring the missed deadline on the basis of Art. 112 of the Code of Civil Procedure of the Russian Federation, however (!) this issue must be resolved by the court, taking into account the established circumstances for each specific case.
If non-working days are not included in periods calculated in months and years, then the rule provided for in Part 2 of Art. 108 of the Code of Civil Procedure of the Russian Federation (on postponing the deadline to the first working day) will not apply in this case, since then the specified period should be automatically “extended” by the corresponding number of non-working days. Obviously, it is still better to wait for official clarifications from the Supreme Court of the Russian Federation on this issue.
In fact, the norm in para. 2 hours 3 tbsp. 107 of the Civil Code of the Russian Federation (on the non-inclusion of non-working days in the period) is designed only for a period calculated in days, and the application of this norm, even by analogy, to periods calculated in months and years is hardly possible. To calculate the monthly period, it does not matter how many non-working days there were during this month. So, if the court decision was made on December 30, 2020, the period for appealing it will expire on January 31, 2020, and if the decision was made on January 28, 2020, then the period for appealing it will expire on February 29, 2020, and it doesn’t matter that in the first case, there were 14 non-working days per month (taking into account the New Year holidays and the Nativity of Christ), and in the second - only 9. It must be said that the period of the New Year holidays is, in principle, comparable to the period of non-working days declared in connection with the coronavirus pandemic.
Therefore (until a special clarification appears from the Supreme Court of the Russian Federation), it is worth proceeding from the fact that if the last day of the period, calculated in months (years), falls on the period from March 28 to April 30 (or another date in case of extension (shortening) of this period), then the last day of this period must fall on the first working day. Of course, a simple extension of the deadline would be more convenient from a practical point of view, since it would eliminate the need in each case to declare the restoration of the missed deadline, and in civil proceedings, to also hold a court hearing with the summons of the persons participating in the case. After all, not all persons will have time to submit all their complaints/applications and other procedural documents on the first working day after the end of the period under discussion.
Here I would also like to say a few words about the letter of explanation leaked to the Internet by the Deputy Chairman of the Supreme Court of the Russian Federation O.V. Sviridenko[6], where, with reference to Part 4 of Art. 114 of the Arbitration Procedure Code of the Russian Federation states that if the date of the court hearing falls on a non-working day declared in connection with the coronavirus pandemic, then the court must “extend the adjournment period” on the first working day after the end of this period and set another date for the court hearing. In principle, this clarification says the right things about the need to adjourn the trial (obviously, unless it is a matter of an urgent nature) scheduled for the period from 28 March to 30 April 2020. At the same time, the reference to Part 4 of Art. 114 of the Arbitration Procedure Code of the Russian Federation suggests that this court hearing should be automatically postponed to the first working day, on which the court must make a ruling to postpone the trial.
In Part 2 of Art. 113 of the Arbitration Procedure Code of the Russian Federation (similar rules are enshrined in Part 2 of Article 107 of the Code of Civil Procedure of the Russian Federation and Part 2 of Article 92 of the Code of Arbitration Procedures of the Russian Federation) states that the timing of procedural actions can be determined by the exact calendar date, an indication of an event that must necessarily occur, or a period during which the action can be performed. At the same time, Part 3 of Art. 113 of the Arbitration Procedure Code of the Russian Federation (on methods of calculating deadlines) and Part 4 of Art. 114 of the Arbitration Procedure Code of the Russian Federation (on transferring the expiration date to the first working day) is applicable specifically to time periods, and not to terms determined by an exact date[7]. In turn, the court, postponing the court hearing, determines its specific date, and does not establish a “term-period” for its postponement, therefore, to apply the provisions of Part 4 of Art. 114 of the Arbitration Procedure Code of the Russian Federation is not entirely correct. Why, in this case, cannot be guided by the provisions of Part 5 of Art. 158 of the Arbitration Procedure Code of the Russian Federation, which, in essence, establishes an open list of grounds for postponing the trial and allows the trial to be postponed in case of any kind of need, is not entirely clear (the grounds for postponement are in Part 1 of Article 169 of the Code of Civil Procedure of the Russian Federation and Part 2 of Art. 152 of the Code of Arbitration Procedures of the Russian Federation are formulated a little more categorically, but nothing prevents the court from postponing the court hearing under these circumstances, including citing the objective impossibility of considering the case or the analogy with Part 5 of Article 158 of the Arbitration Procedure Code of the Russian Federation).
Restoration of procedural deadlines.
Part 1 art. 112 Code of Civil Procedure of the Russian Federation, Part 1, Art. 117 Arbitration Procedure Code of the Russian Federation and Part 1 of Art. 95 of the Arbitration Procedure Code of the Russian Federation indicate that a procedural deadline missed by persons participating in the case can be restored for reasons recognized by the court as valid.
In paragraph 16 of the Review of judicial practice of the Supreme Court of the Russian Federation No. 4 (2019), approved. circumstances can be recognized as valid reasons for missing the deadline for filing a cassation appeal. , objectively preventing a person who conscientiously uses his procedural rights from exercising the right to appeal a court decision within the period established by law, including a reasonable period for familiarizing himself with the judicial act and for preparing a document by the person to whom the judicial act was sent by mail .
In the same paragraph of the Review, with reference to paragraph 10 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 29 “On the application by courts of the norms of civil procedural legislation governing proceedings in the cassation court”, it is noted that an application for restoration of the missed deadline can be filed as both an individual and a legal entity.
Consequently, objective obstacles in complying with procedural deadlines can stand in the way of both individuals and legal entities.
When I started preparing this publication, V.V.’s position had not yet been announced. Momotov that non-working days will not be included in periods calculated in months (years), so I wanted to write that the current situation in many cases will lead to missed procedural deadlines, and persons participating in the case will have to submit an application in each case on the restoration of the missed deadline, and in civil cases in accordance with Part 4 of Art. 112 of the Code of Civil Procedure of the Russian Federation, as a general rule, the court will still be obliged to schedule a court hearing for its consideration with a summons to the persons participating in the case[8].
Such an approach would indeed burden the courts even more during such a difficult period for them (when the courts are forced to postpone most of the hearings, and new statements, including claims, complaints and other appeals, are obviously received by the courts). At the same time, it is possible that many persons, especially citizens, could simply forget to submit the appropriate petition, which would deprive them of the opportunity to complete the necessary procedural action. Therefore, as a possible solution to this problem, it would be possible to propose the mandatory restoration of missed deadlines at the initiative of the court, even in the absence of a corresponding application from the persons participating in the case, without notifying them, if the last day of the procedural period fell on “non-working days” declared by the President of the Russian Federation, and the corresponding action was carried out within a reasonable time after their completion based on the need to ensure everyone’s right to judicial protection (Article 46 of the Constitution of the Russian Federation) with reference to the analogy of law (Part 4 of Article 1 of the Civil Code of the Russian Federation, Part 5 of Article 3 of the Arbitration Procedure Code of the Russian Federation , Part 4 Article 2 CAS RF).
Let me return again to V.V.’s speech. Momotova. It is only welcome that the Deputy Chairman of the RF Armed Forces believes that the restrictions introduced in the regions as part of the fight against the spread of coronavirus infection may create certain obstacles to compliance with procedural deadlines and may serve as the basis for their restoration. It is obvious that many will not be able to complete the necessary procedural actions even during the period of “extension” of deadlines on the basis of paragraph. 2 hours 3 tbsp. 107 Code of Civil Procedure of the Russian Federation, Part 3, Art. 113 Arbitration Procedure Code of the Russian Federation, Part 2, Art. 92 CAS RF. However, it is worth noting that these obstacles arise not only for citizens, but also for organizations (it would be nice if the Supreme Court of the Russian Federation wrote about this). We can only hope that the courts will not oblige legal entities to be more professionally savvy and technically equipped and indicate the possibility of filing appeals through the Internet resources of the courts or by mail during non-working days, because representatives of legal entities are also people, and In the current situation, some may find themselves in a very difficult position. Someone may forget the power of attorney to represent the interests of a legal entity in the workplace (or its validity may expire), and without it, a procedural action cannot be completed even remotely. I'm not even talking about the cases if one of the representatives of legal entities, God forbid, gets sick. In such situations, from a moral point of view, it is wrong to demand from the heads of legal entities, many of whom are forced to save their business from falling into the abyss, to also be prompt in finding replacements for their judicial representatives and in drawing up new powers of attorney.
In addition, attention is drawn to the phrase that the issue of restoring the term must be decided by the court in each specific case, taking into account the established circumstances. Thus, there is no question of any automatic restoration of procedural deadlines, and the person participating in the case who submits an application for restoration of the deadline must prove that the missed deadline is valid. We hope that the courts will not, in this case, inflate the standard of proof and require a person to present indisputable evidence that they could not complete the procedural action in a timely manner.
Instead of a conclusion
Specific and unambiguous clarifications of the Supreme Court of the Russian Federation on procedural issues, as well as on issues related to “emergency regulation” (I mean legislative acts adopted in connection with the spread of coronavirus infection and the consequences of the imposed restrictive measures) are more necessary for practice than ever. The publication of the Resolutions of the Presidium of the Supreme Court of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation dated 03/18/2020 and 04/08/2020 has already shown how courts can understand instructions in completely different, sometimes diametrically opposite ways, which leave some “freedom of interpretation”.
In order to comply with (restore) procedural deadlines, it would be worth recommending the following procedure:
- If possible, submit procedural documents via the Internet or through remote services of the Russian Post (which eliminate the need for social contacts);
- Submit procedural documents as soon as possible after the end of the “non-working days” introduced by the President of the Russian Federation;
- In case of doubt regarding compliance with/missing a procedural deadline, additionally include in the procedural document a petition to restore the procedural deadline, noting that it is submitted in case the court considers the deadline to have been missed;
- Justify the request for restoration of the missed deadline, giving convincing arguments for exactly what reasons the procedural action was completed late;
- Provide evidence confirming the validity of missing a procedural deadline.
[1] https://www.pochta.ru/news-list/item/4400319826.
[2] https://www.pochta.ru/news-list/item/4449215962.
[3] This refers to procedural codes related to the civil type of process.
[4] It must be said that in Part 2 of Art. 92 of the Code of Arbitration Code of the Russian Federation uses a slightly different formulation: “times calculated in days include only working days. Moreover, the CAS of the Russian Federation provides for a number of exceptions to this rule.
[5]
https://rapsinews.ru/judicial_news/20200411/305700967.html?fbclid=IwAR0M9sbd4BcXiyD0V6dK7US-7K73gd_Ceq8_dSlRx57VV_yIOeydWADzpac
; Link to the entry of the section “judicial protection in a pandemic”:
https://lfacademy.ru/?utm_source=google&utm_medium=cpc&utm_campaign=S_KURSY_BRAND_MSK&utm_term=%2Blf%20%2Bacademy&utm_content=utm_content={creative_id}&gclid=Cj0KCQjw-Mr0BRDyARIsAKEFbedsfgvHprPGwmqHxIbzXUO 0Xkd6vOeqPMcVjpwbI1h6pOE9c-Lb2p4aAskVEALw_wcB The part of the speech that interests us is from 18:45 to 20:00 according to timing .
[6]https://ceur.ru/news/zakony_sudy/item362878/?fbclid=IwAR3h4SII0RdO4Ifsl41aUMpAgdrhFwHIRC1DYVDVFrxfuJ8caZxqBC4hxBg; https://agp.ru/novosti/o-protsessualnykh-srokakh-v-period-karantina/?fbclid=IwAR3CVARJbKc0qN_aHP2xZVRWz1Y0Q5iG1KTnxoRe8bBE7-Y66Hb86u-_Vv0.
[7] See, for example: Civil procedural law of Russia. In 2 volumes. Volume 1: textbook for academic bachelor's degree / ed. S.F. Afanasyeva. 2nd ed.. M., 2020. P. 267, which literally says that “procedural deadlines, calculated in periods, are determined by days, months and years (Part 3 of Article 107 of the Code of Civil Procedure of the Russian Federation).”
[8] According to Part 4 of Art. 117 of the Arbitration Procedure Code of the Russian Federation, such an application in arbitration courts is considered at a meeting without summoning the persons participating in the case, and in accordance with Part 2 of Art. 95 of the Code of Arbitration Code of the Russian Federation, the court has the right (but is not obliged) to summon the persons participating in the case to consider the specified issue.
Failure to fulfill duties (tasks) on time
When drawing up a document, you should not shift the blame to another person or group of people if there is someone who is responsible for the production as a whole.
For example, such a test “The plan was not implemented because Ivanov A.A. and Petrov I.E. work slowly" is unacceptable.
The text of the explanatory note about failure to complete a task on time must contain objective reasons:
"General Director of ZhBI-2 LLC"
from the master of the sand-lime brick production workshop
Regarding the failure to fulfill the plan for the production of sand-lime bricks for January _____
I, Dmitry Ivanovich Grigolets, can explain the following. Firstly, the plan for January _____ for our workshop was not personally approved by me, about which a corresponding report was written. The volume was set based on last year's figures, which do not correspond to the current situation at the plant - a decrease in the number of deliveries and production in general compared to last year. Secondly, CNC machine No. 2 broke down and has not yet been repaired. A report on this was also filed. Other factors include a decrease in the number of employees. Over the last week, 2 people quit (Ansimov R.K. and Gerasimov S.M.), and CNC operator No. 1 Mishin S.L. has been on sick leave since ___ _________ _____ year. I ask you to analyze the situation again and not punish any of the workers in our workshop for failure to fulfill the plan.
___.___._______ city ________ Grigolets D.I.
An example of an explanatory letter about a mistake due to inattention (official)
"General Director of Stroydepo LLC"
Regarding the error in the route
I, Nikitin Vladimir Nikolaevich, ___.___._______, was supposed to follow the Moscow-Mytishchi route with the delivery of goods. Considering that my main route for the last six months included trips only to Krasnogorsk, I mistakenly went to this city. I looked at the route sheet when I arrived in the city to clarify the first address for unloading. I understand the absurdity of the situation and undertake to reimburse the cost of fuel.
___.___._______ city ________ Nikitin V.N.
To the university (institute) about missing classes
“To the Dean of the Faculty of Biology of Moscow State Agrarian University
from a student of group 314
Regarding absence from classes from February 6 to 9 _____.
I, Dyakova Anna Aleksandrovna, missed all classes from February 6 to 9 _____ due to my mother’s illness. She lives in the village. Semenovka, Saratov region, which is located 200 km from the location of our institute. She didn't tell me anything specific over the phone, so I thought it would take less time. In fact, I had to go to the regional center, where the diagnosis of stroke was questionable. Doctors gave a referral to the regional hospital in Saratov. I couldn’t leave my mother and went with her. Now she has been operated on and her life is not in danger. I have attached copies of medical documents. I undertake to make up all missed classes in full.
Explanatory note on illness, example
If a person is seriously ill, then you need to issue a certificate of incapacity for work. In this case, an explanatory note is not required. The remaining options require a written explanation of the “truancy”:
“To the director of the sports complex “Antey”
Regarding absence from work ___.___._______ year
I, Alexey Konstantinovich Ledovskikh, did not go on my shift for ___.___._______ year because I felt unwell in the morning. I felt dizzy and a little nauseous. I called an ambulance and a local doctor. He did not fill out a sick leave certificate, deciding to recover on his own for the next duty. I called my partner V.V. Semenov in advance. and asked him to replace me. I am attaching medical certificates.
___.___._______ city ________ Ledovskikh A.K.
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.
To a child (teacher) from parents (pass, absence)
An example of a written explanation when a child missed classes, but the parents did not know about it:
“To the director of MAOU secondary school No. 31
from the mother of 5th grade student Zhenya Klinova
Regarding absence from classes ___.___._______ year
I, Anastasia Petrovna Klinova, Zhenya Klinova’s mother, did not know that my son missed attending school for ___.___._______ year. In the morning he left home as usual. I didn’t know what time I returned, because my husband and I come home from work in the evening. To the question “How are things at school?” the son replied that everything was fine. I undertake to figure out what’s wrong, and also guarantee that this will not happen again.
___.___._______ city ________ Klinova A.P.
An example of a note about a student’s absence from class in advance
“To the director of MAOU secondary school No. 31
from the mother of 5th grade student Zhenya Klinova
I, Anastasia Petrovna Klinova, Zhenya Klinova’s mother, ask to release my child from classes from ___.___._______ year to ___.___._______ year due to family reasons. Our whole family is leaving for another city for our mother-in-law's funeral.
Is it possible to skip couples
This subparagraph cannot be extended, simply because this is a rare case when it is possible to answer unambiguously. So, you can’t skip a couple without a good reason; how to determine whether your reason is good or not, see above.
See also: Employment of university graduates
To add a little information to the sub-item “is it possible to skip class”, I would like to tell you a little about how I studied. In the first 2 semesters, our list of students was made half as large; in the third year, students from the branch came, 3 of the 12 were left, the main reason being absenteeism. As a result, a little more than a quarter of the recruited students received diplomas.
Try to study well, attend classes for this, it definitely won’t be a waste. See you on the blog pages KakiGdeUchitsya.ru
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If you have any questions, write in the comments, I will try to answer as detailed and clear as possible.
What are valid reasons for absenteeism?
Valid reasons for absence from work are not clearly defined by law. Therefore, the question posed in the title of the article is asked by every working person at least once in his life. Let's try to find the answer.
Dismissal for absenteeism must be preceded by a written explanation from the employee.
If the employer considers the reasons for absence from work that the employee provides to be disrespectful, he may fire him.
If the latter does not agree with such dismissal, he can go to court. The court will decide whether the reasons for absence from work were valid or not. This means whether there was absenteeism on the part of the employee or not.
The catch is that the law does not contain a clear list of valid reasons for absence from work.
On the reasons for an employee’s absence from the workplace
Question. The Labor Code does not say what reasons for an employee’s absence from the workplace should be considered valid. Still, what criteria should be used when deciding to punish an absent employee?
O. Kh.: Indeed, there is no list of valid reasons, and in each specific case the employer, or rather the manager, needs to deal with this issue. To be fair, it must be said that the legislation still provides for something. For example, Article 170 obliges the employer to release the employee from work while he performs state or public duties <1>. This means that if the employee was busy performing these duties, his absence can no longer be considered absenteeism. Or, for example, an employee was absent due to illness and brought a sick leave certificate - there is a good reason <2>.
