How to lay off for absenteeism
First of all, determine if your particular case falls into one of the following:
1. Non-entry to work without a good reason (absence from work during the whole working day, no matter how long it may take).
2. Finding an employee outside the workplace for four hours without good reason.
3. Abandonment of job an employee who signed an employment contract for an indefinite period, without valid reason before the expiry of the term of the contract or until the expiration of the warning about the premature termination of the contract.
4. Withdrawal of work by an employee who concluded the contract for a certain period of time, until the expiration of the contract or the expiration of the warning period about premature termination of the contract.
5. Unauthorized use of days off time or unauthorized leave.
If your case falls under one of these points, then you have reasons to dismiss an employee (according to subparagraph "a" of paragraph 6 of Article 81 of the Labor Code).
Make in any form the act of absence of the employee on the job in the allotted time. Remember that in the preparation of this act must be present at least two witnesses, ideally it should be colleagues of the person you want to fire. Absenteeism, by the way, should be recorded in the register of working time.
Before you fire an employee, demand of him an explanatory note which should state the reason for his absence. If within two days he has not provided this note, then make a report and give it to him for signature. If the employee refused to sign the act, all the drafters of the act to subscribe again, this should occur in the presence of two witnesses.
After you have signed all the necessary documents, make an order to dismiss an employee for absenteeism. Do not allow any errors in making the order because otherwise the worker through the court can return to work.
Under the legislation, the employee must read the text of the order on the first day of termination of employment. If the employee refuses to see the order and put the appropriate signatures, make a corresponding note in the order.
Be an honest employer and fire only those employees who really deserve it.