Legal advice

How to dismiss absentees?

18.03.2020 Aleksandrs Koposovs, the member of the board

The dismissal of employees who have violated the work schedule is as follows:

  • each violation must be recorded by an act signed by two or three authorized employees, including a member of the board;
  • a written order is being prepared on the provision of written explanations in connection with the identified violations with an indication of the period for the submission of explanations;
  • the order is handed to personally against signature to the employee or sent by registered letter by mail to the address specified in the employment contract;
  • if the reason for the violation is disrespectful or the explanations were not received from the employee, a message is prepared on the termination of the employment contract on the basis of Clause 1, Part 1, Section 101 of the Labour Law;
  • a message is handed to the employee so that he or she is warned 10 days in advance;
  • a message is handed to personally against signature by the employer or by registered letter by mail to the address specified in the employment contract (it is believed that the employee received the message on the 7th day after sending it by mail) or using the services of a bailiff who personally hands over the letter to the employee at the place of his or her residence;
  • it is considered that the employee was informed of the dismissal if he or she received a message;
  • on the day specified in the message, it is considered that the employment relationship is terminated;
  • upon dismissal, the employee is paid on the day of dismissal: salary, compensation for unused vacation, severance pay is not paid;
  • for absenteeism due to the fault of the employee, wages are not paid.

The employer is entitled to dismiss the employee in connection with a violation of the labor regulations not later than 1 month from the date the violation has been discovered, not including the period of temporary disability or the time when the employee was on annual leave or did not perform work due to another good reason, but no later than 12 months from the day the violation was commited.

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