How to fire an employee for absenteeism?

It is quite difficult to dismiss an employee at the initiative of the employer, but there are situations when the employee himself or herself gives grounds for dismissal. One of these grounds is absenteeism. Read this article to learn how to fire an employee for absenteeism.

Can't be considered truancy:

• if the employee is on the company's premises but is absent from the workplace. If an employee "walks around" the company, this may be considered a violation of labor discipline and the employee may be subject to labor discipline;
• If an employee is transferred illegally to another company and does not report for work, this is not considered absenteeism;
• if the employee notified the employer of absence from work for valid reasons.

Article 40(4) of the Labor Code entitles an employer to terminate an employment contract on its own initiative in the event of an employee's failure to attend work without valid reasons, i.e., in the event of absenteeism. Absenteeism may be considered as absence from work for three hours during the day without valid reasons.
The employer decides whether the reason for an employee's absence from work is considered valid. In the event of a labor dispute, the court will decide whether the reasons are valid.

Valid reasons often include illness (even without sick leave), accidents or traffic jams, etc. The reason for not coming to work is considered valid if it meets several criteria: the reason must be substantial, i.e., it prevents the employee from coming to work and the employee cannot eliminate it on his or her own. It is desirable that such reasons be documented.

If the employer considers the reason for the employee's absence from work to be unreasonable, or if the employee is absent for more than three hours, the employer may dismiss the employee under Article 40(4) of the Labor Code of Ukraine. To dismiss an employee, the employer must:

1. Establish the fact of absenteeism or absence from work without good reason for more than three hours. Record the day and time of the absence.
2. Draw up an act of absence from work and certify it with the signatures of three witnesses. Mark the fact of the employee's absence in the time sheet.
3. After the employee shows up, request an explanation of the reasons for the absence (in writing), which requires an order to be issued and a deadline for providing explanations. If the employee refuses to write an explanation, this should be recorded in the order.
4. If an employee is absent for several days and does not provide a reason, you should send a letter requesting clarification to his or her home address. It is better to send the letter with acknowledgment of receipt.
5. An employee may be dismissed for absenteeism within one month from the date of such absence. If the employee goes on vacation or is on sick leave during this period, the notice period is extended to six months.
6. If the company has a trade union, it is necessary to obtain its consent to dismiss the employee.
7. Next, you need to create an order for disciplinary action in the form of dismissal and give it to the employee for review and signature. If the employee is unwilling to sign the order, you should draw up a corresponding act and record his or her refusal.
8. On the last working day, you must make the final payment to the employee, give him or her a copy of the dismissal order and make an entry in the employment record book.

If an employee has been absent from work and no longer appears at the company, then the dismissal is carried out on the date of the last working day of such an employee. In this case, the date of the order will be the current one. After dismissal, you should send a letter to the employee's home address with a copy of the order and an offer to pick up the employment record book. You cannot send the employment record book by mail without the employee's consent.