The consequences of violating the employer's order of dismissal for truancy
In order to dismiss an employee for not showing up for work was lawful, the employer, in addition to establishing the fact of absenteeism, it is necessary to observe some rules.
First, be sure the recovery from the employee a written explanation of the reasons for the truancy.
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 punishment for one disciplinary offence, that is, you cannot walk to the employee first to reprimand and then fire him for absenteeism.
Request from the employee an explanation of absence is needed for a 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.
The explanation should be requested from the employee prior to the issuance of 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.