Publication date: 08.05.2024
According to the Labour Code of Ukraine, an employment contract concluded for an indefinite period, as well as a fixed-term employment contract until the expiration of its validity, may be terminated by the employer in case of absenteeism (including absence from work for more than three hours during the working day) without valid reasons.
Thus, an employee's absence without valid reasons can be a reason for the employer to make a decision to dismiss such an employee. At the same time, it is worth noting that absenteeism is not only the absence of an employee at work during the entire working day, but also the absence of more than three hours continuously or in total during the working day. A mandatory condition for such dismissal is that the employee does not have a valid reason for not coming to work.
Absenteeism is considered:
· arbitrary use of days off, regular vacation without agreement with the employer;
· termination of employment duties before the end of the term of the employment contract or the term that the employee must serve after graduating from a higher or secondary special educational institution;
· leaving work without notifying the employer by an employee with whom an employment contract has been concluded for an indefinite period;
· leaving work before the expiration of the notice of dismissal without the consent of the employer.
Can not be considered absenteeism:
· the absence of an employee at his workplace, if he was at the same time on the territory of the enterprise;
· failure of the employee to come to work due to illegal transfer;
· absence from work for valid reasons.
Current legislation does not include a list of reasons for absence from work that should be considered valid. In each individual case, their presence or absence is determined by the employer. The evaluation of such reasons for respect should be based on the fact that these reasons must be significant, that is, those that prevent the return to work and cannot be eliminated by the employee himself. Each of these reasons must be duly substantiated by the employee.
You may be interested in the following articles: Legal analysis of the situation Legal opinion Writing a lawyer's request lawyer's request analysis of the situation by a lawyer.
According to experts, an important aspect in dismissing an employee for absenteeism is not only the fact of absence from work, but also the absence of a valid reason that limits the ability to work. A valid reason can be, for example, a temporary illness, an emergency situation in the family, or other circumstances beyond the employee's control. In such cases, the employee has the right to provide the employer with proof of this reason, such as medical certificates or other documents confirming the circumstances.
In addition, the employer must take into account the possibility of various life circumstances that may affect the employee's work schedule.For example, family responsibilities, transport problems or technical problems with your own transport can cause absence from work. In such cases, the employer must show understanding and support to the employee who is experiencing temporary difficulties, and seek joint solutions to solve the problem.
It is important to understand that absenteeism can be the result of systemic problems in the interaction between the employee and the employer. For example, inconsistent management policies or inadequate control of the work process can lead to a feeling of mistrust and alienation of the employee from his work. In such cases, it is necessary to analyze and implement appropriate changes in the work environment to improve communication and encourage employees to participate more actively in the work process.
