The consequences of non-compliance by the employer of the order of dismissal for absenteeism
In order for the dismissal of an employee for failure to appear at work to be lawful, the employer, in addition to establishing the fact of absenteeism, must adhere to a number of rules.
First, it is imperative to request a written explanation from the employee for the reasons for the absenteeism.
Secondly, to dismiss the worker can not later than one month from the day of absence from work excluding the time the hospital employee, as well as consideration of dismissal of a representative body of workers, but in any case not later than 6 months from the date of absence from work.
Thirdly, it is permissible to use only one disciplinary punishment for one disciplinary offense, that is, it is not possible for a strolling employee to be first reprimanded, and then dismissed for an absenteeism.
Ask the employee for an explanation of the absenteem is necessary for the correct assessment of violations of labor discipline.
Explanation the employer waits for 2 days if there is no explanation, the dismissal is without them. Dismissal before the expiration of these 2 days would be correct if the employer will make the act of refusal of the employee to provide an explanation.
If the employee does not return to work, the right thing to send in his place of residence a telegram with the requirement to explain the reasons for the absence. So, the employer will be evidence that the claimed explanation, even if the worker refuse to receive telegrams. Registered letters, for these purposes it is better not to use because they can be obtained by the worker much later. Telephone talks about the need to provide explanations also do not indicate compliance with the employer's order of dismissal.
In this case, an explanation must be requested from the employee prior to the issuance of the letter of dismissal.
Breach by the employer of the period of disciplinary sanction is an indisputable basis for recognition of dismissal as illegal. Correct dismissal for absenteeism from last day of work the day prior to the absence.