Absenteeism is often perceived as an obvious ground for dismissal: the employee is absent from the workplace, and this is recorded in the timesheet or access control system. However, proof of absence alone is insufficient for an HR decision. The employer must comply with the disciplinary procedure (the legally prescribed process for imposing a disciplinary sanction), including requesting a written explanation from the employee before imposing the sanction.
Why the fact of absence does not guarantee that dismissal is lawful
A court dispute from the case law reviewed shows that dismissal may be overturned not because the employee proved that they were present, but because the employer made an error in the procedure for requesting an explanation. The court pointed out that explanations must be requested with respect to each day of absence when absenteeism is selected as the ground for terminating the employment contract. This is a practical conclusion from the dispute, not a new statutory rule.
For an HR department, this means that it is necessary to check not only the substance of the evidence, but also the coherence of the entire process. If the documents contain several dates of absence, the request for an explanation must not leave any uncertainty as to which incidents it concerns. The wording of the request must cover all specific dates and times of absence, or explanations should be requested separately for each day.
Which documents create a manageable body of evidence
The process should begin by recording the absence for each presumed day or shift. The source recommends using formal incident reports, the timesheet, the work schedule, access control system records, the manager’s internal memos, and correspondence. These documents are needed not as a formality: they make it possible to compare the alleged absenteeism with when the employee was supposed to work and what actually happened.
It is important not to replace an examination of the reasons for absence with an automatic conclusion that a violation occurred. After receiving an explanation, or, if it is not provided, after making the relevant record, the employer assesses whether the reasons were valid and reviews the supporting documents. Only after this may a decision on a disciplinary sanction be made. The material does not specify which reasons should be considered valid, so this cannot be inferred from this case law.
Deadlines and checkpoints before the order is issued
A written explanation must be requested before a disciplinary sanction is imposed. The employee is given two working days to respond. The request should be delivered against signature; if delivery is impossible or the employee refuses to receive it, this must be recorded in a formal incident report and the request must be sent through available channels that make it possible to confirm dispatch.
For dismissal as a disciplinary sanction, a deadline applies: no later than one month from the day the violation is discovered. This period does not include time spent on sick leave, vacation, or the time required to take into account the opinion of the employees’ representative body. There is also an overall limit—no later than six months from the day the violation was committed. These deadlines are established by Article 193 of the Labour Code of the Russian Federation (ТК РФ); they should be monitored alongside the completeness of the request for an explanation.
The cost of a procedural error for the business
In the dispute described, the violation of the procedure for requesting an explanation became an independent ground for reinstating the employee, even though the employee’s absence had been confirmed. The employer was ordered to pay 657 219,62 rubles for the period of forced absence and 10 000 rubles in compensation for moral harm. The cassation court did not uphold the employer’s complaint.
The risk is not limited to payments in the specific case: unlawful dismissal returns the employee to the company’s HR framework and requires a previously made decision to be reconsidered. For a company, a practical control measure is to check the document package against a checklist before issuing the order, rather than after a dispute begins. The procedure does not change for foreign employees: citizenship and immigration status do not cancel employment guarantees. If the actual reason is absence from work, dismissal for absenteeism should not be replaced with termination of the contract on immigration-related grounds.
What to check
- Record the employee’s absence in a formal incident report for each day or shift of the presumed absenteeism.
- Cross-check the reports against the timesheet, work schedule, access control system data, correspondence, and internal memos.
- Request a written explanation so that the request names all specific dates and times of absence.
- Allow two working days for the explanation before imposing a disciplinary sanction.
- If the employee refuses to receive the request or fails to provide an explanation, prepare the relevant formal incident report.
- Assess documents concerning a possible valid reason for the absence.
- Issue the order imposing the sanction and have the employee acknowledge it against signature, or record the refusal.