A legal expert in Russia explained that a single unexcused absence… (прогул · отсутствие · юрист)
A legal expert in Russia explained that a single unexcused absence from work, defined as being absent for more than four consecutive hours or an entire shift without valid reasons, can legally justify termination under Article 81 of the Russian Labor Code. However, this requires strict adherence to procedural requirements.
Consensus
- A single unexcused absence from work exceeding four hours or a full working day is considered a gross violation of labor duties under Russian law.
- Such an absence can serve as grounds for termination of employment according to Article 81 of the Russian Labor Code.
- The employer must follow a strict procedure: document the absence, request written explanation from the employee within two working days, and issue an order within one month of discovering the violation.
- Failure to follow this procedure may allow the dismissed employee to challenge the termination in court.
- If the employee can prove valid reasons for absence or if procedural errors occurred, the dismissal may be overturned.
Points of divergence
- The legal expert Ilya Rusyaev stated that even a four-hour absence does not constitute a 'prohul' (absenteeism), as the threshold is strictly exceeded; only more than four hours counts. — vesti
- Legal expert Alexander Khaminsky listed specific valid reasons for absence, including illness, being summoned to government agencies, emergencies, traffic accidents, natural disasters, performing state duties, and wage delays exceeding 15 days. — riamo
Coverage (3 sources)
- Lawyer explains whether a single absence can lead to dismissal — Вести
- Lawyer Haminsky claims a single absence could lead to dismissal — РИАМО
- Lawyer Explains Whether an Employee Can Be Fired for a Single Absence — Вести