Publication date: 29.04.2024
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According to p. 8-3 part 1 of Art. 36 of the Labor Code of Ukraine, if the employee was not at work and did not provide information about the reasons for such absence for four consecutive months, the employer has the right to terminate the employment contract with such an employee.
However, if there are no sufficient grounds or reasons for terminating the employment contract, the employer may become subject to legal liability. Therefore, it is important to check whether there really are grounds for terminating the employment contract with the employee before taking any measures. If the reasons for the employee's absence from work are objective and confirmed, it is recommended to first try to clarify the situation and find a constructive solution.
Dismissal of an employee due to long-term absence requires compliance with both conditions:
- The employee must be absent from work for four consecutive months.
During this time, the employer has no information about the reasons for the employee's absence.
These conditions are established to ensure a valid and justified dismissal of the employee and to protect the rights of both parties - both the employer and the employee.
There are several ways to record the absence of an employee at the workplace, depending on your company's internal procedures and available resources. Here are some possible ways:
Attendance log: Your company may have a special log or attendance system where employees must register when they arrive and leave work. In this journal, you can record the time and date of the employee's absence.
Electronic time tracking system: Using electronic systems such as time loggers or time tracking software can also assist in recording the time and date of an employee's absence.
Observation of supervisors or colleagues: Supervisors or colleagues can observe whether an employee is present at the workplace and record his absence in the appropriate document or system.
Records in the HR system: If your company uses HR software, you can enter a record of the employee's absence in the relevant database or system.
It is important that any method of recording absences is well documented and complies with your company's internal rules and requirements, as well as legal requirements.
Thus, drawing up acts on absence from work for unknown reasons and reports on attempts to contact the employee are important stages in the process of documenting the absence of the employee and the lack of information about the reasons for his absence.
Report notes: They are drawn up by the employee's immediate supervisor and inform about the employee's absence at work and are submitted to the head of the enterprise, institution. If attempts were made to contact the employee by phone calls, messages or in-person visits, these reports should include information on the time and date of the attempts and the results (eg, whether a response was received, whether a connection was made, etc.).
Acts on the absence of an employee: These acts must contain information that the employee is absent from work and that the reasons for his absence are unknown. These acts may indicate the dates of absence, as well as other details that are considered important.
These documents will serve as proof that the employer took steps to find out the reasons for the employee's absence and did not receive an answer. This approach will help to ensure compliance with the requirements of the law and the implementation of the company's internal procedures.
It is important that an employer is aware of these limitations and adheres to them when deciding to terminate a long-term absence.
If the employee believes that his dismissal was illegal or wrongful, he can seek the help of a lawyer to challenge this decision in court. A labor lawyer, a labor lawyer, will help the employee understand his rights and determine a strategy to protect his interests in the court process. Protecting the interests of employees in court is an important procedure, especially in the case of illegal dismissal and reinstatement.
