An absenteeism report is a sought-after document that is drawn up if an employee of an enterprise maliciously violates labor discipline by not following the rules of the work schedule or by not showing up for work at all. This document gives the employer the full right to apply disciplinary punishment to the employee - from a reprimand (for the first time) to dismissal (for systematic absenteeism).
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What is not considered truancy
Along with the definition of absenteeism, the law clearly outlines situations when the absence of an employee on site cannot be considered absenteeism. This:
- time spent on sick leave;
- passing exams, defending a diploma, etc.;
- calling an employee to court or law enforcement agencies;
- force majeure (natural disasters, weather conditions, etc.).
These and some other circumstances that led to the employee’s failure to appear, in the presence of appropriate certificates, cannot serve as recognition of absenteeism.
Also, absenteeism is not considered absenteeism by an employee due to the employer’s failure to fulfill his duties, in particular, non-payment of wages for 15 days or more (but only with prior notice to the employer).
In what cases is the absence of an employee not considered absenteeism?
Not every absence from work can be considered absenteeism. The Labor Code of the Russian Federation specifies cases when a person cannot be fired for not going to work. This:
- employee illness. The period of absence must be confirmed by a relevant document from the medical institution;
- vacation due to the fact that the employee needs to pass an intermediate or final exam or defend a diploma. The basis is confirmed by paper from the educational institution;
- the need for a person to visit law enforcement or investigative agencies, court. The justification is the subpoena;
- some force majeure circumstances. For example, a natural weather event.
Note! If management does not pay its employees wages for 15 days in a row, this is grounds for absenteeism. Such an action will not be considered truancy. But management must be notified accordingly.
Who draws up the truancy report
As a rule, the preparation of this document is carried out either by a specialist in the personnel department, or a lawyer, or the head of a structural unit, or the secretary of the enterprise. In order to ensure that no further claims are made against the act, when it is drawn up, a specially created commission of other employees of the enterprise (two or more people) must be present, who, with their signatures, also certify the fact that a particular employee is absent from the workplace.
After writing the report, it must be handed over for review to the employee who committed absenteeism, as well as to management. Subsequently, on the basis of the act, an order for penalties for absence from work is drawn up.
The report must be drawn up no later than a month after the recorded absence. Otherwise, the document loses its legal force.
How to register an employee’s absence from work?
An example of a report form can be downloaded below; you can develop your own form of a truancy report. The document must contain the following information: (click to expand)
- Title of the document, date of execution;
- Registration number;
- Full name and position of the person from whom the document is being filled out;
- Full name and position of witnesses - employees who can confirm that the employee is really not at work;
- Full name, position of the guilty employee;
- Date of absence, time period of absence;
- Reasons for absence;
- Signatures of the person filling out the act form, as well as signatures of witnesses.
When drawing up the act, it is necessary to enlist the support of at least two witnesses. The employee who committed absenteeism must also put his signature on the form.
Main features of the Employee Absence from Work Act
This document does not have a unified template, so it can be drawn up in free form or according to a template developed at the enterprise. The act can be written on the organization’s letterhead or on a regular A4 sheet. It is drawn up in two copies, one of which remains with the employer, the second is given to the employee. Both copies must be signed by the commission and the employee himself.
The act must contain information
- about the enterprise where the “truant” worker works,
- composition of the commission, whose members testify to absenteeism,
- explanations (if any) about the reasons for absence from work.
Key points in drawing up an absence from work report
But, before filling out the report, you must try to contact the employee in order to find out the reason for the absence. If an employee does not show up for work for a long time, the employer makes a note on the time sheet about absenteeism. This mark is placed on the basis of a supporting document, which is precisely the truancy report.
Absenteeism is considered to be the absence of an employee from the workplace for more than 4 hours. If an employee’s shift is less than four hours, then absence during the entire shift is considered absenteeism (Part 1 of Article 81 of the Labor Code of the Russian Federation).
The report is filled out, as a rule, by the absent employee’s immediate supervisor or a HR specialist. The completed report form should be attached to the report and these documents should be sent to higher management to consider the issue regarding the application of disciplinary punishment to the employee.
Disciplinary punishment can be expressed in the form of a fine, deprivation of bonuses, reprimand and, in extreme cases, dismissal. The decision on a possible disciplinary sanction is made by management taking into account the employee’s explanations, which he must put in writing by writing an explanatory note. The employee’s explanatory note is also attached to the act and memorandum. ().
Depending on how valid the reason for absence is, the employer makes a decision on possible disciplinary action; this decision is confirmed by an order, a sample of which can be downloaded here.
Instructions for drawing up a Truancy Report
The act has a standard form from the point of view of office work and should not cause any particular difficulties.
- In the “header” in the middle, the name of the document (“Act”) is written with a short designation of its essence (in this case, “about the absence of an employee from the workplace,” but you can write shorter: “about the employee’s absenteeism”).
- The line below indicates the city in which the organization issuing the act is registered, as well as the date of its execution.
- Then the composition of the commission : the positions of the employees included in it, as well as their last names, first names and patronymics.
- Next, you need to enter the same thing regarding the employee in respect of whom this document is being created (his position, last name, first name, patronymic).
- After this, it is necessary to clearly record the exact date and time of the absence (if it is several hours, indicate from what hour and until what hour the fact of the employee’s absence was recorded).
- We include the reasons the employee uses to explain his absenteeism . If they are not there, then this fact should also be reflected in the act.
The act must include the signatures of the employees included in the commission opposite the relevant positions with mandatory decoding. Finally, the document must be signed by the employee who violated discipline, thereby certifying that he has read and agrees with the act.
Instructions for filling out a certificate of absence from work
There should be no difficulties in filling out such a document.
For greater convenience, this procedure can be considered step by step:
- At the top, the document should contain a title that reflects its essence.
- Below is the date of registration and the city in which the act was drawn up. It is highly advisable to indicate the most accurate time.
- Then comes the main part, where the details of the person who is preparing the document are indicated. The witnesses, their names and positions are listed.
- Information about the employee in respect of whom the document is being drawn up is recorded.
- The very fact of the employee’s absence from the workplace is recorded. In this case, it is necessary to clarify exactly when he did not appear.
- Usually this document is drawn up when there is still no information about why the employee is absent. Therefore, it should be indicated that there is no information about the reason for non-appearance at the time of registration of the document.
- At the final stage, the document must be signed by all responsible persons. Usually this is the head of the personnel department, the secretary and other employees who took part in this procedure.
As for autographs, all witnesses must sign them. This is how they confirm that the information provided is correct and the employee was really absent from his workplace. As you might guess, the document will not have legal force if at least one of the witnesses indicated in it does not sign. When entering information about this employee, it would be useful to indicate on what basis he holds his position. If this is an employment contract, its number and date of execution are indicated. You can also report that the reasons for absence are unknown not only to the manager, but also to colleagues.
Sample certificate of absence from work in 2021
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- Form
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After drawing up the act
If an employee does not agree with the act, he can apply to the labor inspectorate or court to protect his interests. In some cases, challenging the fact of absenteeism and subsequent disciplinary action leads to its cancellation. In particular, this may be when:
- the act does not contain information about the reasons for absenteeism, as well as evidence of absence from the workplace for more than 4 hours in a row (for example, there are no signatures of witnesses);
- the act was not signed by the employee who committed absenteeism;
- After drawing up the report, the employee provided the employer with documents indicating good reasons for not appearing at the workplace.
What is an act and why is it needed?
An employee’s absence from work report is an up-to-date document required by the employer if an employee of an institution violates labor discipline, does not adhere to the norms and rules of the work schedule, or does not show up for work at all. This document gives the employer the opportunity to apply the types of disciplinary penalties established by labor legislation against the person - from reprimand to dismissal.
The truancy document records absence from work without good reason for more than 4 hours in a row. This is paper of any format, since there is no form approved by the legislator. At the same time, the document is important because it is the basis for disciplinary action.
How to draw up an employee absenteeism report
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If an employee fails to show up for work without good reason, management has the right to take disciplinary action against him. One of the documents that serves as the basis for applying punishment is the employee’s absenteeism report (you can find a sample for 2021 at the end of the article). Before drawing up the act, it is necessary to clarify the reason for the person’s absence from the workplace by asking him for written explanations, and if he was absent lawfully, there is no need to draw up this document.
The person responsible for drawing up the act must understand the legal basis for registering absenteeism. Then all claims against the offending employee will be presented in accordance with legislative norms and the terms of the employment contract. Without drawing up an act, it is impossible to dismiss the violator or apply other measures of influence to him.
In what cases is it necessary to draw up an act, and in what cases is it not necessary?
An employee’s absenteeism report is drawn up if he has committed a one-time gross violation of labor discipline. The definition of absenteeism is given in subsection. "a" clause 6 of Art. 81 of the Labor Code of the Russian Federation, this includes not only absence from work during the entire shift or working day, but also absence from the workplace for more than 4 hours in a row without good reason.
In some cases, failure to show up for work will not be considered absenteeism. The Labor Code of the Russian Federation does not approve a specific list of such cases; they are determined based on the content of individual articles of the Labor Code of the Russian Federation and judicial practice. Thus, an absenteeism report is not drawn up if the employee:
- was on sick leave, which is confirmed by the relevant document;
- donated blood as a donor;
- was involved in the performance of public duties;
- was under arrest;
- passed exams at an educational institution;
- became a victim of emergency circumstances (canceled flights, accident in the apartment, rampant natural disasters, etc.);
- took part in the strike;
- did not receive wages on time (the delay was more than 15 days) and stopped going to work, having warned about this in writing, etc.
Based on various legal norms, as well as the explanations and documents provided by the employee, the employer himself decides whether the reasons for non-appearance are valid. Absenteeism cannot be documented when there is evidence that the employer was verbally warned in advance by the employee about the absence.
Is it possible to fire a pregnant woman for absenteeism?
Drawing up an employee absenteeism report: important points
The truancy report (a sample of filling out this document will be given below) does not have a unified form. Despite this, it must contain a number of information due to which it will be considered valid. This information includes:
- name of the legal entity in which the employee works, date and time of drawing up the act;
- composition of the commission;
- duration of absence from work;
- measures that the employer has taken to establish the reasons for absence;
- the employee’s explanations (written), which he must submit within 2 working days after the employer requests them;
- employee's signature confirming familiarization.
The truancy report can be drawn up by the immediate superior of the offender, a personnel specialist or another official. It is very important that it is drawn up with the participation of other employees, who will certify the fact of a particular person’s absence from work with their signatures. Such a commission must include at least two people.
Features of the document
The act is drawn up in any form, but with the obligatory indication of some information:
- information about the enterprise where the potential “truant” works;
- the composition of the commission that recorded the fact of a person’s absence from the workplace. You need to list the number of people, their positions and full names;
- a detailed description of the fact of failure of a specific employee (his full name and position) to work (a specific calendar date).
Note! If written explanations of his actions have already been taken from the employee, then they can be given below after the signatures of the commission members. You can ask for a separate written explanation.
Employee absenteeism report. 4 samples and form
An employee absenteeism report is a document reflecting the fact that an employee is absent from the workplace without a valid reason.
Companies that have a staff of employees must initially understand that human factors often occur in work, such as lateness or absenteeism of an employee.
The employer-manager or authorized representative of the company must understand the legal basis for filing such cases so that all claims are properly negotiated in accordance with the terms of the employee's contract of employment and the law.
The contract between the employee and the employer must document responsibility for lateness and absenteeism. Such an information and reference document recording violations is an absence from work report.
Employee absenteeism report. Basic moments
Before the manager or HR person begins to draw up this act, of course, he must contact the offending employee and find out the reason for not showing up for work. Anything can happen, and there are force majeure events.
In the absence of valid reasons, a report on this situation is drawn up (see → how to write a report on absenteeism + sample 2020).
Such a note ends up on the desk of a higher-ranking manager of the organization, and then the manager writes his own resolution on this matter.
The resolution is the basis for drawing up an act. This situation applies in large companies.
If in an organization an employee directly reports to the manager, then the basis for drawing up an absence from work report is considered to be a special order from the manager with information about the details of the violation, sent to the personnel department or accounting department with instructions to draw up this report. Further, on the basis of this act, the necessary entry about the employee’s tardiness or absenteeism is made in the time sheet.
Before hiring, an employee must, as mentioned above, familiarize himself with the conditions and responsibilities for violating the work schedule.
And since absenteeism is a violation of the regime, usually for unexcusable reasons, a disciplinary sanction is imposed on the employee, often financially.
But at the same time, each drawn up act of absence from the workplace is accompanied by an explanatory note from the violator, on the basis of which the manager takes certain disciplinary measures or does not take them.
Employee absenteeism report. Filling form
The act of absence from work does not have a clearly regulated form. Let's consider the main provisions that must be indicated in the act.
- Full name and position of the person who compiled the act and witnesses to the violation;
- description of the violation, time period of the violation, full name of the violator;
- registration number, date and place of signing the act,
- details of the organization, signature of the head of the organization, the author of the act, witnesses and the employee of the violator.
If the violator himself does not want to sign the act drawn up, a corresponding note is made, next to which the drafters of the act sign.
Download the employee absenteeism report. Sample, form
Below are links to download samples of filling out an absence from work report.
Determining the cause
Absenteeism entails consequences up to and including the dismissal of the employee. At the same time, at the time of the employee’s absence, the reasons for his absence may be unknown. For example, the employee could simply get sick or be detained by mistake by the police.
Therefore, it would be incorrect to draw up an absenteeism report immediately after establishing the fact of absenteeism. The employee must be given the opportunity to exclude charges of absenteeism. That is, the employer should wait for the employee to return to work and demand written explanations about the reasons for absence.
The Labor Code of the Russian Federation provides for several types of situations that can be considered by the employer as absenteeism, namely:
- the absence of an employee for the entire working day in the absence of valid reasons for this;
- the absence of an employee for at least four hours in a row without good reason;
- the employee’s absence from work on any day during the 2-week work period after writing a letter of resignation;
- absenteeism of an employee working under a fixed-term employment contract before its expiration;
- use of time off not agreed with the employer;
- employee going on vacation not agreed with the employer.
We are saying that the employer may, but is not obligated to, consider an employee’s absenteeism as absenteeism. That is, the validity of the reasons for absence is determined by the head of the enterprise, based on the specific circumstances and personality of the employee.
Thus, an act of absenteeism from work may remain an act of absenteeism if the employer does not classify absenteeism as absenteeism.
In any case, the basis for qualification will be clarification of the reasons for absenteeism.
The procedure for registration and content of the act of absenteeism
Absence from work form
How to draw up a certificate of absence from work? The following rules must be followed:
- in the “header” you need to write the name of the document. For example, “truancy act” or “absence act”;
- below is the name of the locality in which the event occurred and the calendar date;
- further the composition of the commission - positions and full names;
- then information about the employee - the name of the structural unit, his position and full name;
- the circumstance for which the act is drawn up - the date when absenteeism occurred;
- if the employee explained the reasons for his action, then they are indicated. If not, then you don’t have to write anything;
- signatures of commission members;
- signature of the employee with the visa “acquainted”.
Note! The document must be drawn up within one month from the date of violation. Otherwise, it will not have legal force, and all consequences will be considered unlawful.
When is absence from work considered absenteeism?
Even a single absence is grounds for dismissal, as it is a gross violation of labor discipline. Taking into account specific circumstances, the manager can apply a more lenient penalty. Dismissal on this basis is provided for in paragraphs. "a" clause 6 of Art. 81 Labor Code of the Russian Federation.
According to the definition given in this legal norm, absenteeism is considered absence from the workplace during the entire working day or shift for more than 4 hours in a row without serious reasons. For example, visiting a doctor for a consultation without opening a sick leave certificate is an unjustified reason for leaving the workplace without the employer’s permission. Employees also do not have the right to visit relatives in the hospital during working hours and go on vacations that are not agreed with their superiors.
A number of circumstances under which absence from work is not considered absenteeism are defined by law. There is no clear list, but they can be identified according to individual articles of the Labor Code and based on judicial practice. This:
- disability confirmed by sick leave (Article 81 of the Labor Code of the Russian Federation);
- involvement in public and state duties (summons to law enforcement agencies, to court) (Article 170 of the Labor Code of the Russian Federation);
- blood donation (Article 186 of the Labor Code of the Russian Federation);
- arrest (Appeal ruling of the Altai Regional Court dated December 11, 2013 in case No. 33-9126/2013 and other court decisions);
- emergency circumstances, for example, inability to get there due to flight cancellation or extreme weather, emergency work in the apartment, etc. (Decision of the Altai Regional Court dated August 17, 2011 in case No. 33-7208/11);
- participation in a strike (Article 414 of the Labor Code of the Russian Federation);
- suspension of work due to a delay in wages of more than 15 days (Article 142 of the Labor Code of the Russian Federation).
If an employee proves that his coming to work was prevented by insurmountable circumstances or serious reasons, absenteeism will not be counted even if an absence report is drawn up.