Consequences of non-observance by the employer of the order of dismissal for absenteeism
In order for the dismissal of an employee for failure to show up for work was lawful, the employer, in addition to establishing the fact of absenteeism, must adhere to a number of rules.
First, it is obligatory to demand from the employee written explanations for the reasons for 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 penalty for one disciplinary offense, that is, it is impossible for the absentee employee to first reprimand, and then dismiss him for absenteeism.
To ask the employee for an explanation of absenteeism is necessary to properly assess the violation 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, explanations should be requested from the employee before issuing the dismissal order.
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.