Good reasons for not showing up for work cool decree. Good reasons for absence from work: features, requirements and grounds. Absence from work - the most valid reasons

03.09.2019

Absenteeism of an employee is sometimes caused by various factors, including illness, a wedding, university exams, etc.

Does labor law provide for a definition of a term such as “good reason for truancy”?

And is there generally a list of such reasons in the legislation?

The concept of absence from the workplace according to the Labor Code of the Russian Federation

List of reasons not to go to work

In addition, the following are considered good reasons:

delays or absence public transport, including traffic jams on the way to the place of work;
summons to the court or prosecutor's office;
illness of a child or urgent hospitalization of a close relative;
natural disasters;
fires and other incidents that prevented the employee from getting to work on time.

Each of the reasons must be substantiated and documented (if possible).

In addition, the employee must definitely notify the employer about his absence.

However, in some cases, the employer can independently contact his employee, since he has this moment you may not be able to do it yourself.

What is not an excuse for an employee?

The Labor Code of the Russian Federation also does not have a list of reasons that are disrespectful for not showing up for work. Each employer can independently decide what exactly is considered as such, but it is worth relying on court decisions that have already been made.

Disrespectful grounds for absence from the workplace are:

alarm clock breakage;
forgetfulness of the employee;
medical examination for which a certificate of incapacity for work was not issued;
time off for the days worked during the vacation, if the recall from the vacation was not formalized;
going on parental leave, if the manager has not yet approved the application for such leave;
treatment of a spouse in a hospital.

conclusions

The manager should soberly assess the reasons for absenteeism and apply punishment taking into account the employee's behavior in previous periods.

The legislation clearly interprets the term absenteeism, but does not contain grounds for which the reasons can be considered valid and will not give an opportunity to dismiss a "negligent" employee.

What is truancy?

The legislator interprets the long absence of an employee at the workplace without a valid reason as truancy. Time from 4 hours can be taken into account.

To minimize losses, the employer must take some preventive measures:

it is imperative to familiarize employees with the Internal Labor Regulations, which should reflect how and in what time frame the personnel must report their absence so that the manager can timely redistribute the duties of the absent employee among other personnel;
the head of the department, or another authorized person must have a list of employees who can replace each other;
the head of a department or other unit must have a memo how he is obliged to act if an employee is absent from the workplace without a valid reason.

An example of a reminder for an employer:

In the absence of an employee, the manager is obliged to call back his known phones, home or mobile;
Clarify the reason for the absence;
Talk to the staff, possibly absent, reported something to his colleagues, if there was such a thing, it is better that the employees set out the information in writing;
The drawn up act must describe the measures taken to find the truant;
Transfer of all documents to the personnel department.

Fixing no-show

If the employee does not appear, it is necessary to draw up an act.

It is from a detailed statement of the fact that an employee is absent from the workplace without a valid reason that his future fate at this enterprise will depend. Perhaps the person just got sick or got into another difficult situation.

The act must be drawn up in front of witnesses, it is better to involve personnel from another unit, so that in the future, the truant cannot put pressure on his colleagues, or prove that the act was drawn up under pressure from the authorities.

The administration of the enterprise is not required to take immediate measures to find the employee, however, if a person lives alone, the phones do not answer, then it is recommended to go to his home. If no one opens the apartment or house, then it is better to interview the neighbors when they saw the person for the last time, if no one can provide any information, then the logical step would be to call the district police officer to open the living quarters.

If no measures for tracing the absent employee have yielded any results, then it is recommended to draw up an act of his absence, almost every day. In the report card, the letter code "НН" is put down, the person's digital code is 30.

It is these two documents that serve as evidence in court proceedings, therefore, their design should be approached carefully.

The process of finding out the reasons for absence

An employee could get sick and not inform his superiors about it.

If a truant shows up, presenting a sick leave, a certificate from a medical institution, then all the documents drawn up about the absence should not be destroyed.

In the case when the absence of an employee at the workplace without a valid reason was really present, then it should be required from him written explanation... If the truant refuses, it is recommended to draw up a written request and send it to him against signature.

Such evidence in court proceedings is much more effective than oral explanations of the employer.

Notification of the need to explain the reasons for failure to appear is not regulated by any regulation, but must contain the details of the enterprise, the data of the truant, a request for a written explanation of the reasons for failure to appear within a specific time frame. As a rule, it does not take much time to compose an explanation, it can be 2 or 3 days.

If within the specified period, the employee has not submitted an explanation, then the employer is obliged to draw up an appropriate act.

If the employee refuses to explain in writing about his absence, he is not deprived of the right to use disciplinary action, including termination of the contract. This is spelled out in the legislation.

What reasons can be valid?

Not all reasons are valid.

The administration of the enterprise can independently decide the “fate” of an individual employee, whether a specific absenteeism is considered a truancy day. If the staff did not have malicious intent and were in good faith mistaken, then such an absence should not be considered absenteeism.

The legislation provides options when the employer is obliged not to recognize absence as truancy, in the following cases:

provision of a sick leave or an extract from a medical record;
fulfillment by an employee of duties of a public and state nature, for example, if a particular employee is a member of an election commission;
if the employee is a donor.

In addition, if an employee could not get to work on time, or could not at all, due to freezing rain or a blizzard, then no court will recognize such a reason as unjustified.

Appearance in court or at tax authorities to testify, as a witness, or another person. This confirmation is reflected in the decisions of the HRV.

Fire or short circuit in the house, accidents on the way to the workplace, other unforeseen life circumstances also relate to valid reasons and cannot be a reason for dismissal for absenteeism.

About late arrivals from next vacation, the opinions of experts and courts are ambiguous. For the most part, dismissal from office for this reason is recognized as legal, since the employee is obliged to plan his trips in such a way that possible unforeseen situations, a plane or train delay, or adverse weather conditions are taken into account.

If the employee has decided to leave workplace or did not appear at all, arguing that his computer was broken or there were no clients, would certainly be interpreted as absenteeism.

What to do with a truant?

For absenteeism, disciplinary action can be applied.

An employee is absent from the workplace for no good reason - a real reason to get rid of "unnecessary" personnel. Although, in addition to dismissal, disciplinary punishment can be imposed, but no later than 1 month from the date of the incident.

One offense can only be punished once. It is imperative to familiarize the employee with signature. If the employee does not want to sign, then the employer draws up an act.

It should be remembered that a truant has the right to go to court to protect his rights. In this case, you will have to reinstate the employee in the position and pay the average wage for the period forced downtime... To avoid such a situation, it is recommended to adhere to the procedure for collecting evidence and dismissal.

First of all, there must be a written confirmation of the absence of the employee at the workplace, these are certificates of absence, memoranda, explanatory and other supporting documents. You should not draw up such documents retroactively, but draw up everything on the day of truancy.

Further registration of dismissal is carried out according to general rules... The employer must communicate his decision to the employee in writing, under an introductory signature. If, for some reason, it is not possible to familiarize the employee personally, then a corresponding mark is made on him.

The last working day is considered the day of dismissal, even if the truant was absent from the workplace. The labor service adheres to the position that the last working day, which preceded absenteeism, is the day of dismissal.

Under any circumstances, the work book must be issued on the last working day, even if the contract is terminated due to absenteeism.

The imposition of a disciplinary sanction, including dismissal, cannot occur later than 1 month from the date of the offense.

Regardless of the reasons for dismissal, the employer is obliged to make a full financial settlement with the employee on the day of his dismissal. In the case when wage not listed on bank card, all accrued payment is deposited until the moment when the dismissed employee applies for its receipt.

Remember, you cannot fire a pregnant woman, even if she is a hard-core truant.

Never fire a truant on the day of his absence, without a written explanation of the reasons for his absence.

You should find out why the employee is gone for a long time.

Much more difficult is the situation when an employee is absent for a very long time, the employer cannot find out the reasons for the absence. It is recommended to periodically call him, it is better with witnesses and draw up an act.

Once a week you can send postal items to the address of residence of the truant, with a requirement to explain the reasons for the absence.

The courts confirm the right of the administration to dismiss for absenteeism a person to whom a notification was sent home, who was returned with a note of delivery, or vice versa, the letter was returned due to the expiration of the storage period, or the recipient refused a written confirmation of delivery of the notification.

There may be a situation that an employee was imprisoned for 15 days for an administrative offense. On the one hand, it is not possible to terminate an employment contract with a convicted or detained person, but this applies to criminal prosecution.

Administrative punishment is not a basis for preserving a job, since this is a different proceeding than a criminal one.

The practice of considering such court cases is ambiguous.

To summarize, the dismissal of personnel for absenteeism requires a clear written record and compliance with all norms of current legislation.

In this video, you will learn what to do if the employee does not get in touch.

Form for accepting a question, write your

Labor activity in Russia has a huge number of peculiarities and nuances. All citizens are not only workers, but also simple people... Therefore, employers have a variety of questions in the course of their activities. For example, today we have to find out whether they can be fired for absenteeism. What is needed for this? In fact, the topic under study is extremely serious. It occurs quite often in practice. However, employers and subordinates have different views of this kind of situation. What does the Russian labor legislation? How to terminate an employment relationship with a truant? Answers to all these questions will be found below. If you take a good look at it, then no problems and disputes will arise.

Ambiguity of opinions

Can they be fired for absenteeism? As already mentioned, the answer to the question posed cannot be called unambiguous. Some say that they can be fired for absence from the workplace. Someone repeats the opposite. But who is right?

It all depends on the circumstances and the specific situation. The Labor Code of the Russian Federation is a set of laws governing the relationship between the boss and subordinates. It was created in order to resolve controversial issues. The rights of workers are protected by the Labor Code.

In general, a citizen can really be fired for absence from work. But under certain circumstances. Further, the studied topic will be considered in more detail.

The legislative framework

Can they be fired for absenteeism? It all depends on why the citizen did not show up for work. As already mentioned, termination labor relations on the initiative of the employer due to the absence of a subordinate at work is possible. But not in all cases.

The Labor Code of the Russian Federation indicates that the boss can fire a person who has been absent from work for a long time without a good reason. This right is established by Article 81. Accordingly, in order not to be afraid of dismissal, the signed employment contract must be fulfilled at all times.

However, sometimes circumstances are stronger than a person's will. Therefore, it is not always possible to be fired for absenteeism. Article 81 Labor Code allows you to terminate the relationship between the employee and the boss only if there are no valid reasons. In addition, it is important to establish that it was absenteeism, and not being late. This is extremely important.

Definition of truancy

But how exactly? What is truancy? Without a valid reason, a citizen is absent from work for more than 4 hours in a row. It is this behavior in modern Russian legislation interpreted as walking. How does the Labor Code qualify for truancy?

It follows that if the employee had good reason, then skipping a working day or a long absence from work is not a reason for dismissal.

The main problem is establishing respect. The Labor Code of the Russian Federation does not have any clear instructions as to which cases are considered a valid leave of work. Therefore, each absenteeism is considered separately. This is normal.

Good reasons

Can they be fired for absenteeism? Yes, if it has been proven. In other situations, absence from work will not constitute grounds for termination of employment. So you don't have to worry.

As already mentioned, the legislation of the Russian Federation does not indicate cases in which absence from work is considered valid. Nevertheless, in practice, you can more or less decide when absenteeism is such.

Among the valid reasons for absence from work, the following are most often distinguished:

documented disability of a citizen;
stay in government or public works;
passing a medical examination;
donating blood and its components;
being in custody;
participation in meetings and strikes;
emergencies preventing normal work(for example, flight cancellation or bus breakdown);
delay in wages for more than 15 days.

The main thing is that a citizen can somehow confirm the existence of certain situations. Absenteeism without a valid reason, according to the law, can indeed be punishable by dismissal. But isolated cases, as a rule, are not so dangerous for a subordinate.

Disrespectful reasons

Life is unpredictable. Therefore, it is not always easy to decide whether they can be fired for absenteeism. Often the correct answer will be given by the judiciary. After all, employers and subordinates are not always able to resolve such a controversial issue themselves.

Good reasons for being absent from work for a long time have already been listed. Now you should pay attention to disrespectful cases. What do they include?

To date, the following circumstances are disrespectful reasons for absenteeism:

passing a medical examination without a sick leave;
time off for days worked in the absence of their official registration;
applying for a leave to care for a baby, if the issue of such a situation has not been resolved in advance;
finding a husband / wife in a hospital.

It follows that even if the spouse needs help during his stay in the hospital, he will have to work and fulfill the conditions employment contract... After all, absence from work in this situation will be the reason for the termination of labor relations.

Disciplinary action

Accordingly, the most difficult decision is to determine the validity of the reason for absence from work. Every citizen must report to his boss about his behavior. This is a legal practice.

If an employee misses a working day, an explanatory note is written for absenteeism. The employer has the right to demand such a document in writing. 2 days are given for the report. If the subordinate has not written an explanatory note, the employer draws up an appropriate act.

In addition, the boss has the right to terminate relations with a negligent subordinate when the latter refuses to explain and does not provide evidence of a valid reason for absence from work. In this case, a disciplinary penalty is applied no later than one month after the discovery of truancy.

Can they be fired for absenteeism? As soon as a citizen has reported on his behavior, the employer must study all the documents offered to the attention, after which a decision is made on how respectful this or that situation is. A subordinate who disagrees with the outcome may appeal to the court for appeal. If the employer decides to fire the employee, but judicial authorities establish a valid reason for the pass working day, you will have to reinstate the subordinate in the position. Situations like this are not uncommon. Therefore, each employer will have to think in advance how to fire for absenteeism. It is important to carry out such an operation in compliance with all its features.

But the disciplinary sanctions, as a rule, are calculated by the employer independently. In doing so, it is important to consider the previous behavior of each subordinate. So, for example, a conscientious cadre can get off with a small fine or warning, and a negligent subordinate - with high penalties.

Legal dismissal

Now a little about when specifically absenteeism will be considered as such. Respectful and disrespectful reasons for absence from work have already been presented. To make it easier for employers to navigate, it is necessary to pay attention to some specific cases.

How to dismiss for absenteeism? It is necessary that the absence from the workplace be characterized by one of the following layouts:

a citizen is not working all day (regardless of the duration of the shift);
a person is absent from the place of work for more than 4 hours in a row without good reason;
the employee has entered into an employment contract, but he has not been there for a long time (no notification of intentions to dismiss);
the subordinate does not work after filing an application for termination of labor relations with the employer (according to the law, work is required in 14 days);
unauthorized leave or use of time off.

All this is the basis for dismissal "under the article." Such circumstances are not subject to appeal in court.

Procedure

Can they be fired for one absenteeism? In practice, such a solution is extremely rare. After all, the boss will still have to follow the standard procedure for terminating an employment relationship with a subordinate.

What is the right way to get fired for absenteeism? Necessary:

Establish the fact that a citizen is absent from the workplace.
Demand an explanatory note from a negligent subordinate. It takes 2 days to clarify the situation.
If the citizen refused to explain, a special act is drawn up. It is signed by the superiors. Once the person has described the situation, it is necessary to establish how respectful the absence from work is.
As a result of the decision, either the employer formalizes the dismissal, or applies disciplinary action and continues the employment relationship.

It should be noted that upon dismissal, the chief is obliged to make a full settlement with the citizen. More precisely, you will have to pay for the time worked by subordinates. In addition, the employee is entitled to compensation for unused vacation.

Going to court

As already mentioned, every person who does not agree with dismissal for absenteeism in judicial procedure may appeal a decision. Only the judiciary will 100% say which situations are considered valid for absence from work.

Judicial practice demonstrates that in Russia employers try to dismiss for any absence from work. However, this step is not always legal. And "savvy" subordinates will always be able to restore their positions at their previous place of work.

There is no need to be afraid of litigation. The main thing is to provide evidence that the absence of the working day had good reasons. The court always examines all the documents attached to the claim, on the basis of which it makes a decision.

Single violation

Can they be fired for one absenteeism? The answer is not as easy as it seems. It all depends on the conscientiousness of the employee.

From the point of view of legislation, dismissal for a single absenteeism takes place. In practice, it occurs only when either the boss does not treat the subordinate very well, or the staff does not work well. Most often, a single absenteeism entails a disciplinary penalty, warning and is limited to an explanatory one. This is the most common occurrence.

Outcomes

Now the valid reasons for absenteeism are clear. In addition, it is now clear whether they can be fired for being absent from work for a given period of time.

Despite all of the above, the situation with truancy and termination of employment still remains rather ambiguous. Each case should be considered on an individual basis. If it turns out that there is a good reason for absenteeism, there is nothing to be afraid of.

The employee was absent from the workplace without good reason throughout the entire working day. No explanation was provided to them. What are the possible actions of the employer in this situation? Can an employee be fired for?

The absence of an employee from the workplace without good reason during the whole working day, as well as absence from the workplace without good reason for more than four hours in a row during the working day is regarded as absenteeism. In the event of such a single gross violation of labor duties by the employee, he may be terminated at the initiative of the employer in accordance with paragraphs. "a" clause 6 of the first part of Article 81 of the Labor Code of the Russian Federation.

As follows from this norm, one of the main signs of absenteeism is the absence of an employee at the workplace. certain time Without good reason. In this case, the burden of proving the fact of the employee's absence from absenteeism rests with the employer (paragraph 38 of the Plenum Resolution The Supreme Court RF dated 17.03.2004 N 2 "On the application by the courts Russian Federation Labor Code of the Russian Federation "; hereinafter - Resolution of the Plenum).

At the same time, in the situation you mentioned, the absence of an employee at the workplace can be caused by both valid and disrespectful reasons.

An exhaustive list of valid reasons is not established by the legislation. Good reasons are, for example, periods of temporary incapacity for work, confirmed sick leave, as well as other periods in which the employee, for reasons beyond his control, cannot go to work.

Accordingly, in each case it is necessary to assess the "respectability" of one reason or another (see also the definition of the IC in civil cases of the Omsk Regional Court of 20.10.2004 N 33-3509).

In addition, it may be found that the absence of the employee was caused by such reasons, which are independent grounds for terminating the employment contract. We are talking about the termination of the employment contract with the employee due to circumstances beyond the control of the parties, in particular, in connection with the death of the employee, as well as the recognition of the employee as deceased or missing (clause 6 of the first part of Article 83 of the Labor Code of the Russian Federation), or conviction of the employee to punishment excluding the continuation of the previous work (clause 4 of the first part of Article 83 of the Labor Code of the Russian Federation).

In other words, since there is always the possibility that an employee is absent for a good reason, it is not recommended to fire an employee for absenteeism until the circumstances of his absence from work are clarified. In such cases, the employer must necessarily record the fact that the employee is absent from the workplace. For this, an act is drawn up in an arbitrary form, which is signed by several witnesses. Such an act can be issued both on the very first day of the employee's absence from work, and on any of the following days. If the employee did not go to work for a long time and the exact reasons for his absence are unknown, then it is recommended to draw up such acts periodically during the entire period of absence.

From the first day of absence in the time sheet, the employee should put down the mark "NN" - "failure to appear for unexplained reasons" (Resolution of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1 "On Approval of Unified Forms of Primary Accounting Documents for Accounting for Labor and Its Payment", Form N T-12 and N T-13). Only after the reason for the failure to appear is established, it is possible to change the mark "failure to appear for unexplained reasons" to the appropriate one, for example, to the mark "absenteeism" (PR) or to the mark "Temporary disability" (B) * (1).

Since fixation in personnel documents the absence of an employee at the workplace has every reason not to charge the absent employee with wages.

If the employer has data confirming that there are no valid reasons for absence from work, then the employee can be fired for absenteeism.

In accordance with Art. 192 of the Labor Code of the Russian Federation absenteeism is gross violation an employee of labor duties, that is, a disciplinary offense, but - a disciplinary penalty for its commission. This means that when dismissing for absenteeism, the employer must comply with the procedure for applying disciplinary sanctions established by Art. 193 of the Labor Code of the Russian Federation ( general order dismissal of an employee for absenteeism is given, for example, in the letter of Rostrud dated 31.10.2007 N 4415-6). If this procedure is violated, then in the event of a court proceeding, the court will most likely recognize the dismissal as illegal, even if the fact of the employee's truancy is proven.

First of all, the employer must meet the time limits for the application of a disciplinary sanction, established by Art. 193 of the Labor Code of the Russian Federation. So, you can be dismissed for absenteeism no later than 1 month from the date of its discovery, not counting the time of the employee's illness, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees, and no later than 6 months from the date of its commission. The day of detection of the misconduct, from which the period of one month begins, is the day when the person to whom the employee is subordinate at work (service) becomes aware of the misdemeanor, regardless of whether he is entitled to impose disciplinary sanctions (paragraph 34 of the Resolution of the Plenum) ...

If an employee commits a long truancy, the monthly period for detecting a misconduct should be calculated from the last day of absenteeism, and not from the first (see, for example, the determination of the Ryazan Regional Court of April 25, 2007 N 33-580, Generalization of the practice of consideration in the 1st half of 2008 courts of the Saratov region of cases on termination of an employment contract on the initiative of the employer and on other grounds not related to the will of the employee).

The second most important condition is the correct paperwork.

Article 193 of the Labor Code of the Russian Federation requires that even before the application of a disciplinary sanction, the employer requests an explanation from the employee in writing. It is extremely difficult to request written explanations from an employee who does not appear at the workplace, and to do this so that later it would be possible to prove the fact of such a request for explanations. For this reason, many experts recommend waiting for the moment when the employee appears at work and does not provide supporting documents.

If the employer nevertheless decides to fire the employee for absenteeism in his absence, then he must, in the event of court proceedings, collect evidence that he fulfilled all his duties in the process of applying the disciplinary sanction. Such evidence can be, for example, a postal notification of the delivery of a notice to the employee with his personal signature confirming the receipt of the notice.

In our opinion, a situation where a mail notification is returned with a mark of non-delivery cannot be considered a proper request for a written explanation. Therefore, in such circumstances, we do not recommend issuing a dismissal for absenteeism. The employer, during the period of a long absence of the employee, may periodically send him letters demanding explanations, while waiting for the employee to personally sign the notification.

If two working days have passed since the employee received the letter, and the employee has not provided an explanation, then an appropriate act is drawn up. Failure to provide an explanation by the employee is not an obstacle to the application of a disciplinary sanction, that is, to dismissal * (2).

On the basis of the act of absence from the workplace, as well as a written explanation or an act on the employee's failure to provide an explanation, the employer issues an order (order) on dismissal.

The order is announced to the employee against signature within three working days from the date of its publication, not counting the time of his absence from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then an appropriate act is drawn up. An absent employee should be sent a telegram or registered letter with a notification in which to invite the employee to familiarize himself with the order of dismissal and to receive a calculation and work book.

Please note that the date of the order of dismissal must be the date of its actual issuance within the time limits for the application of the disciplinary sanction established by Art. 193 of the Labor Code of the Russian Federation. But the date of dismissal should be the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained (part three of Article 84.1 of the Labor Code of the Russian Federation).

According to Art. 84.1 of the Labor Code of the Russian Federation on the day of termination of the employment contract, the employer must issue the employee work book... In the event that on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the day the specified notification is sent, the employer is released from liability for the delay in issuing a work book. In addition, the employer is not responsible for the delay in issuing a work book if the last day of work does not coincide with the day of registration of the termination of labor relations when the employee is dismissed for absenteeism.

At the written request of an employee who did not receive a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's request.

Upon dismissal, the employer is obliged to settle accounts with the employee. In Art. 140 of the Labor Code of the Russian Federation states that the payment of all amounts due to the employee from the employer is made on the day of the employee's dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a settlement request.

Prepared answer:
Service Expert Legal consulting GUARANTEE
Panova Natalia

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Voronova Elena

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

* (1) Due to entry into force on January 1, 2013. Federal law dated 06.12.2011 N 402-FZ "On accounting" federal Service on labor and employment (Rostrud) in letters of 01/23/2013 N PG / 409-6-1, of 01/23/2013 N PG / 10659-6-1 and of 02/14/2013 N PG / 1487-6-1 explained that from January 1, 2013 uniform forms approved by the said resolution are not obligatory for non-governmental organizations. Such organizations have the right to use the forms of primary accounting documents developed by them independently.

* (2) In such a situation, it is possible to appeal against the dismissal by the employee, since the reasons for the absence in this situation are unknown. However, in this case, the court may refuse to satisfy the employee's claim for reinstatement at work if the fact of abuse of the right is established (for example, deliberate failure to provide a document confirming the validity of the reasons for absence from work), since in this case the employer should not be held liable for adverse consequences that occurred as a result of unfair actions on the part of the employee (clause 27 of the Plenum resolution).